What must Kim's boss do to comply with FMLA upon her return from leave?

To comply with the Family and Medical Leave Act (FMLA), it is essential that an employee returning from leave is restored to the same position they held prior to leave or to an equivalent position with the same benefits, pay, and working conditions. This requirement supports the intent of the FMLA, which is to provide eligible employees with job protection during their time away for qualifying medical or family reasons. By restoring Kim to her original position and maintaining her benefits, her employer upholds the rights granted by the FMLA, ensuring that employees can take necessary leave without fear of losing their job or position.

The focus on promoting a different employee in her place would contradict the protections offered by the FMLA, and requesting a new certification or terminating her employment would not align with the law's requirements to safeguard job security for employees returning from leave.