Opinion
November 25, 1992
Appeal from the Unemployment Insurance Appeal Board.
Claimant, who had exhausted his sick time and unused vacation credits caring for his live-in girlfriend of many years, who was ill, asked his employer for additional time off to care for his "friend". Although claimant represents that he asked for a short leave of absence, the employer's representative testified and the Unemployment Insurance Appeal Board found that claimant requested a leave of absence of "more than one month". Although the employer has a policy granting leaves of absence to employees to enable them to care for a parent, child or a member of the employee's household, leaves of absence to care for friends were not allowed. The second time that claimant was advised that his request, which ran counter to company policy, could not be granted, he was also told that if he failed to report to work the following day the employer would consider this as an abandonment of his job. The following day claimant tendered his resignation. Given these circumstances, the conclusion reached by the Board that claimant did not leave his employment for a medically compelling reason and that he voluntarily left without good cause is supported by substantial evidence (see, Matter of Moloney [Levine], 52 A.D.2d 1005; Matter of Ruggirello [Catherwood], 25 A.D.2d 597). Claimant's contentions concern questions of fact and credibility which were for the Board to resolve (see, Matter of Chassman [Levine], 50 A.D.2d 1000).
Mikoll, J.P., Levine, Mercure and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.