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When an employee returns from Family and Medical Leave Act (FMLA) leave, the law mandates that they must be restored to their original position or an equivalent position with similar benefits, pay, and other employment terms. If a staffing firm has placed a replacement temporary worker in the original employee's position during their absence, the firm is generally required to reinstate the original employee when they return.

By putting the original employee at the top of the list for another assignment, the staffing firm would be demonstrating a commitment to honoring the employee's rights under FMLA. This approach ensures that the employee is given priority for available positions, reflecting the intention of the law to provide job protection for those who take authorized leave. It maintains the employee's rights while also allowing the firm the flexibility to adjust their workforce as needed.

The other options, while they may seem plausible, may not align with the legal requirements set forth by FMLA or reflect best practices in workforce management. Reassigning the employee to a different job or keeping the new worker permanently, for instance, could be seen as detrimental to the original employee's rights under the law. It is essential for staffing firms to comply with FMLA requirements to avoid potential legal repercussions and retain a positive