Hello again and thank you for your response, it was helpful. Just to be clear, under the FMLA
which is the Federal law that provides job protection for employees who are out of work due to a serious health condition, the time limit is 12 weeks, not 16 weeks. So, as long as your daughter can return to work before her 12 weeks under the Act has run out, then her employer must reinstate her to her same job or one that is substantially identical in all of the important ways (duties, title, pay, benefits, etc. )
The only exceptions are if she has been, before taking leave identified as a "key" employee (only for very senior management employees), if the company has a reorganization that would have occurred whether the employee was present or not, and if the company takes an adverse action based solely on performance before the leave period that they would take whether she was on leave or not.
So, if when your daughter returns to work she is not reinstated, then she has the option of filing suit under the FMLA or filing a complaint with the Wage
and Hour Division of the U.S. Department of Labor
, which is he agency that enforces the Act.
You can read more about her rights under FMLA by going to: http://www.dol.gov/whd/regs/compliance/1421.htm
Please feel free to ask any related follow up questions that you have. I would be glad to assist you further if I can. Even after rating a question, they are always open to the customer to come back and ask follow up questions.