Opinion
Argued April 5, 1979
May 16, 1979.
Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Absences due to illness.
1. Excessive absences due to illness do not constitute wilful misconduct precluding receipt of benefits under the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897, by an employe discharged therefor where the employe gave the employer adequate notice of the absences. [599-600]
Argued April 5, 1979, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.
Appeal, No. 2070 C.D. 1978, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Carla J. Simcox, No. B-163274.
Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed. Benefits awarded by referee. Employer appealed to the Unemployment Compensation Board of Review. Award affirmed. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Joseph W. Lonergan, with him Arthur L. Jenkins, Jr., and Smith, Aker, Grossman, Hollinger Jenkins, for petitioner.
Charles G. Hasson, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.
Manatawny Manor (Manatawny), a nursing home enterprise, has appealed from an order of the Unemployment Compensation Board of Review affirming a referee's order awarding benefits to Carla Jane Simcox.
On January 3, 1978, Manatawny discharged Ms. Simcox from her employment as a nurse's aide for excessive absenteeism. Ms. Simcox applied for unemployment compensation benefits and the Bureau of Employment Security denied the application on the ground that Ms. Simcox's discharge was for willful misconduct as provided in Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 802(e). A referee, after hearing, found that Ms. Simcox had reported all her absences as illnesses to her employer and that Manatawny had not required her to produce doctors' certificates. The referee granted benefits and the Board affirmed.
Manatawny says that Ms. Simcox's absences amounted to willful misconduct because they continued despite warnings by Manatawny. We disagree. Excessive absences because of illness do not constitute willful misconduct when the employee gives adequate notice of the absences to her employer. Unemployment Compensation Appeal Board v. Blouse, 23 Pa. Commw. 66, 350 A.2d 220 (1976). Manatawny's own witness testified that Ms. Simcox had reported each of her absences and that they were all for medical reasons. This testimony clearly supports the decision.
Ms. Simcox received notice on December 26, 1977 that she would be discharged effective January 3, 1978. She was absent the last three days of that period without reporting to Manatawny.
Order affirmed.
ORDER
AND NOW, this 16th day of May, 1979, the order of the Unemployment Compensation Board of Review is affirmed.