I have been lookin to see if there is a possible post that could answer my question, but so far no luck for Iowa specific. Please forgive me if this is posted and I just haven't run across it.

I have an employee that is pregnant and will be taking maternity leave near the end of the year. I am going to be required to hire someone temporarily in her absence. My question is, if the temp proves to be a better emloyee, am I required to re-instate the returning employee to the exact same position, or can she be placed in another department?

That depends on whether FMLA is involved and whether the other position is considered to be an equivalent one.

How long has she worked for you? Do you have at least 50 employees within 75 miles of her location? Has she worked a minimum of 1,250 hours in the last 12 months?

I'm not sure about the FMLA. Does she have to carry insurance through our provider to be elligible? I know she does not carry our insurance, and has another provider. She has been here three years, in various positions, and has completed the necessary 1,250 hours in 12 months. Approximately 35 employees in house, the only other facitility is Corporate Headquarters 600 miles away. The other position would be a clerical postion and pay the same. Her performance is sub-par and the reason she is kept is she is the daughter of one of our assistant managers.

FMLA has nothing to do with insurance. No, she does not have to covered on your insurance to be eligible. Insurance is irrelevant with regards to FMLA.

FMLA is a Federal law that provides job protections with regards to medical leave. FMLA applies when ALL of the following are true:

1.) She has worked for you for no less than 12 months
2.) You have no less than 50 employees within 75 miles of the location where she works
3.) In the 12 months immediately preceding her leave, she has worked no less than 1,250 hours.

If FMLA applies, then as long as she does not exceed 12 weeks of leave total, you are required to put her back into either her own position or one that is exactly equivalent in all respects.

If FMLA does not apply, then you can use your own judgement.