FMLA - Key Employee

Has anyone handled a case like this?

We have an employee on FMLA who is a key employee and we do not want to reinstate unless we have to. Under FMLA there is a provision under such and we need to send a notification and give the employee a reasonable date to come back to its position.

Has anyone bypassed this and replaced and did not reinstate when the FMLA was concluded or employee was able to come back but the position was filled.

This is a difficult one.


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