In Florida--My friend has been out on Short Term Disablility for 6 weeks now. She was just released to go back to work. However, when she contacted her employer she was told that they need two days notice prior to her returning. SHe prvided them the note from the doctor and everything. Three days later a letter arrived at her housr telling her that due to lay offs at the company and such that had she not gone out on short term disablity when she did she too would have been laid off. However, they will offer a temp position that could mean anything from "Zero to 40 hours per week depending upon the work load". She was a salaried employee for the past three years and now they told her that she will now be punching a clock and they cannot tell her if she will or will not be working a certain amount of hours until the day before. If she says no to this offer can she collect unemployment? They have been laying people off left and right. The company is about to go under and she and everyone that is left knows it.

Generally speaking, individuals who refuse work, even though it is part-time work, are not awarded UI benefits. The intent of UI is to assist workers when they lose their job through no fault of their own. It may be possible, if the cuts are substantial enough, that she could qualify for partial UI benefits IF she returns to work at the reduced hours. If she does not, it is very likely that she will be denied benefits.

And, since you mentioned FMLA is your thread title, the FMLA does not require the employer to return the qualifying employee to their old position IF the old position no longer exists, or to provide a similar position if it is not available.

In addition to denying reinstatement in certain circumstances to "key" employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.
http://www.dol.gov/esa/regs/compliance/whd/1421.htm#4