Assume that the employee in question 7 requested another position upon her return from FMLA leave…

Assume that the employee in question 7 requested another position upon her return from FMLA leave because she believed that she would be able to perform that position easier than her original position. Does the employer have a duty to accommodate her request? If the change in position were the employer’s idea, could the employer require that the employee take the other position if she did not want that position?

Question:

7. If an employee has been replaced because of business necessity during the time that she has been off from work on an FMLA leave, does the employer have a duty to return the employee to her original position? Would your answer be the same if the employee is no longer capable of performing that job?