disability & job replacement

pattyo

We have had an employee out on disability for 2 months. We have had a hard time with temps in her position and now have someone we want to keep. Our employee is due back in 1 month but there's no guarantee. We have hired the temp as a permanent employee in that position so she doesn't take employment elsewhere. When our employee returns, are we obligated to hire her back even though we may not have a position open? We don't qualify under FMLA. We had another employee out on disability for over 8 months before we replaced her. Have we set a precedent?