An employee on FMLA leave is replaced temporarily. Upon return, the employee discovers their original position was eliminated in a layoff that also affected non-FMLA employees. What are the employee's rights?
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A
The employee must be reinstated regardless of the layoff
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B
The employee has no reinstatement right if they would have been laid off regardless of taking FMLA
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C
The employer must create a new equivalent position
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D
The employee is entitled to at least 6 months of continued employment upon return