Must we reinstate employee after 1.5 years of medical leave?

One of our employees on long term disability (for over 1.5 years) is returning back to work next month. Since we had filled the position in her absence, we have no open positions matching her background. However, we are trying to fit her in other slots (where a part of her background will be utilized). According to her, the company is responsible to guarantee a re-entry. Also, she must not be considered a re-hire, and credit given to earlier employment (slightly over 3 years).

Are we under any obligation to hire her? If yes, then do we offer her the same position (prior to LTD)? Can we consider hiring her at a junior level as the position we are considering her for uses part of her expertise?

Thanks for your help.

Rita Risser's response:

You do not have to re-hire her in any position. The Family Medical Leave Act does not apply because she was out for more than 12 weeks. The Americans with Disabilities Act does not apply because she is no longer disabled and an employer only must reasonably accommodate a leave of absence. If she is the most qualified applicant for an open position in your firm you must hire her, but she is not entitled to preference.

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