Hi, and sorry about all your issues with your strange Neurologist.

There really should be no issue with the neurologist signing off on the FMLA, if he stands by his diagnosis.

I had FMLA, started 4 months after injury, after having been given notice about taking "too much time off for PTO ( our version of sick time - lol, 'personal time off' - so personal they have rules about how often you can use it) in a given work period. My PCP filled out the first form, my Neurologist filled out a backup a few months later - both for intermitent time off as needed for Chronic / Acute Headaches from Concussion/PCS.

I filed FMLA for 2 years, for intermittent time off, without difficulty - because I insisted on working "through" my problems. However, since no real resolution was occurring with maximizing of medication, and new symptoms were also evolving throughout the course of the 2 years, I eventually missed a "deadline" for filing the next FMLA, and it was near that time the employer finally "offered" some sort of "accomodation" to my work schedule or job status, when my problems were maximizing my troubles with focus and cognition....so I really couldn't understand what they were going on about.

Long story short - I was terminated within weeks of that "accomodation" offer, due to "excessive absenteeism".......before I could focus enough to try to figure it out, (in Maryland there is a statute of 180 day limitation on wrongful termination) I couldn't even get 1 co-worker to discuss how I was treated throughout the course of the injury and my schedule and the end result for collaboration - so attempts at lawsuit were out of the question.
Especially whilst in the throws of my cognitive problems, focus, and other symptoms - and the family being totally unable to help.

Back on point - the FMLA, of late, and most anything set in motion in the past by the Federal statutes has had some work arounds set in motion by State's Labor departments, and not denied by the Federal level, in that they are not as strongly anti - State as they were at their inception - so States, and employers do have much more recourse to be able to get around the rules and "stick it to" the employee, and we have the "malingerers" to thank for that.