AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Claim of MARIE A. ARDITO, Appellant. COMMISSIONER OF LABOR, Respondent.

Following a two-week medical leave of absence, claimant, a data entry clerk, failed to return to work or contact the employer for an additional three weeks. The Unemployment Insurance Appeal Board denied claimant's application for unemployment insurance benefits on the ground that she lost her employment under disqualifying conditions. Failure to return to work or contact one's employer after the expiration of an authorized leave of absence has been held to constitute conduct which disqualifies an employee from receiving unemployment insurance benefits ( see, e.g., Matter of Romano [Sweeney], 239 A.D.2d 690; Matter of Juarez [Sweeney], 231 A.D.2d 774). While claimant testified that she continued to have medical difficulties following the expiration of her leave of absence, the record demonstrates that she nevertheless failed to contact the employer or have anyone else do so on her behalf. Under the circumstances presented here, we conclude that the Board's decision that claimant engaged in disqualifying misconduct is supported by substantial evidence. Claimant's contention that she was denied the right to submit relevant documentary evidence is belied by the record, which reveals that claimant never specifically offered the letters from her physician notwithstanding her, opportunity during the hearing to submit any relevant proof.

Mikoll, J. P., Mercure, White, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

MATTER OF ARDITO
(Oct 15, 1998)