FMLA: How not to run afoul when changing employee’s role

Q           While an employee was out on Family and Medical Leave Act (FMLA) leave, we changed some of the processes in her department and had to eliminate her position. We plan to offer her a new role with the same pay, benefits, and schedule before she returns. How can we ensure we don’t run afoul of the FMLA and relevant requirements?

When employees return from FMLA leave, employers are required to return them to the same job or an equivalent job, unless intervening business circumstances unrelated to the leave led to their job loss or another change in their role. 

In this circumstance, if the employee is being offered a new job upon her return from FMLA leave because her position was eliminated as a result of economic conditions or other changes in operating conditions that affected her position during her leave, you must be able to demonstrate that the elimination of the position is unrelated to the employee’s FMLA leave. This means the decision to eliminate the position should be well-documented and supported by clear, nondiscriminatory business reasons.