Returning from FMLA/Equivalent Position

This is a "what would you do" question....

Employee goes out on FMLA. The person who assumed her responsibilities while out is doing a MUCH better job than the FMLA employee ever did, to the point where we'd much rather have the replacement continue the duties.

FMLA is ending soon, and I know under the DOL regs we have to reinstate to an equivalent position. Assuming no equivalent position is available, how long would you wait to begin transitioning duties away from her and to the replacement, hoping to avoid running afoul of FMLA/DOL?

Any other advice?



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