If the employee was on medical leave her position is protected. If, however, the position is no longer available and the business cannot reasonably accommodate her return, you do not need to “take her back,” but she would be eligible for severance for termination without cause.
You should take caution that you are not viewed as retaliatory, and terminating the employee because they took medical leave. It would be highly recommended that you do your best to explore moving the employee to a similar role/pay within the organization to avoid potential legal risk.
