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Simply stated you must follow all requirements of FMLA, no wiggle room there. As for not documenting her performance issues...that's a major screw up on your part. Even if California is an "employment at will" state you must have some proper justification for terminating her especially upon her return from FMLA. Further, documenting her issues now must be done most carefully in order to avoid any claim of retribution. I'm familiar with this as I was a hiring manager here in NJ so CA may be a little different.
BTW: while out on FMLA an employee is not required to check in and you may not contact her.
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Si non potes inimicum tuum vincere, habeas eum amicum and ride a big blue trike.
"'Bipartisan' usually means that a larger-than-usual deception is being carried out."
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