18-AT-10307-BR - The employer’s point-based attendance policy provides for termination if an employee accrues twenty (20) points. The bulk of the claimant’s attendance points leading up to her separation were due to caring for her parents who suffered from significant health issues. Because of this, the claimant inquired about FMLA but was told by her supervisor that she did not qualify. Rather than mentioning to the claimant a 30-day unpaid leave that could have been offered to her, the supervisor advised she would “work with” the claimant. The claimant’s final absences were due to her mother’s surgery, which she notified the employer of in advance. Because the claimant had been told the supervisor would work with her, and because nothing was said about possible termination over her absences, the claimant had reason to conclude that her job was not in jeopardy. The employer’s later decision to terminate her for her attendance may have been a good business decision, but does not meet the burden of proving misconduct.
17-AT-10849-BR - The claimant’s failure to do anything more than call the doctor’s office for over a month to get the required FMLA paperwork to the employer by the deadline provided resulted in him not providing the necessary documentation to excuse his absences. Because he did not provide the necessary documentation, his discharge was for unapproved or excessive absenteeism, and thus misconduct.
17-AT-05210-BR - The claimant was discharged for attendance issues after, having been warned and made aware that her job was in jeopardy, she missed two consecutive days of work due to a snow storm. The severe weather event was outside of the claimant’s control and her absences due to such storm are not considered misconduct.
17-AT-02447-BR- The claimant’s sixth absence in a one-year period, which put her in violation of the employer’s policy, was not excessive, given that the final absence was due to an emergency and that the employer’s policy provides that such absences can be excused.
16-AT-06415-BR - Claimant's discharge due to erratic attendance and performance issues was for misconduct.
16-AT-06103-BR - Claimant discharged for attendance after being warned for tardiness. Final absence was due to oversleeping after taking medication. Claimant was discharged for misconduct.
16-AT-004320-BR - Two absences, one year apart, do not meet the definition of excessive.
15-AT-10954-BR - Claimant discharged for attendance not domestic violence.
15-AT-05353-BR - Four days absence in last week of employment not excessive and is not a separation due to compelling family circumstances.