DIGEST OF ADJUDICATION PRECEDENTS VL
VL-33 (01/11)
ISSUE/DIGEST CODE Voluntary Leaving/VL 155.35
DOCKET/DATE 83-BRD-10482/3-31-83
AUTHORITY 2./S-601B1.
TITLE Domestic Circumstances
SUBTITLE Illness or Death of Others
CROSS-REFERENCE None
The claimant was granted a two-month leave of absence to care for her mother, who was seriously ill. Prior to the expiration of her
leave, the claimant telephoned the employer and stated that her mother's doctor advised her that she was needed to care for her
mother. The claimant indicated she could not return to work in the foreseeable future. The doctor's statement indicated that the
claimant "must be accessible to assist with the full body care her mother required."
HELD: The claimant left work on the advice of a licensed and practicing physician to provide necessary assistance in the care of
her mother. Such assistance would not allow her to perform her usual and customary duties, and she notified the employer of the
reasons for her absence from work. Under these circumstances, the claimant would not be subject to any disqualification of
benefits for voluntarily leaving her work without good cause attributable to the employer.
ISSUE/DIGEST CODE Voluntary Leaving/VL 155.35
DOCKET/DATE Flex v. Board of Review, 466 N.E. 2d 1050 (1984)
AUTHORITY Section 601 of the Act
TITLE Domestic Circumstances
SUBTITLE Illness or Death of Others (and Section 601B-1)
CROSS-REFERENCE VL 235-25, Health or Physical Condition; MS 95.4
The claimant was employed as a Stenographer until July, 1981, when she went on maternity leave, which was to expire in
September, 1981. During that time, the claimant gave birth to a son whose spinal cord was damaged. The claimant was granted an
extended leave of absence until January, 1982, because of the child's condition. No further extension was granted. On January 15,
1982, the claimant's supervisor informed her that if she did not return to work as scheduled, the employer would have to hire
someone to replace her. The claimant explained that she needed more time off in order to provide care for her child. When the
claimant did not report to work as scheduled, she was replaced.
The claimant then filed a claim for unemployment benefits. The Claims Adjudicator determined that the claimant was ineligible for
benefits pursuant to Section 601A of the Act, because she had left work voluntarily without good cause attributable to her
employer. A Referee affirmed the Claims Adjudicator's determination.
In support of her appeal to the Board of Review, the claimant presented a letter from her son's pediatrician. The letter stated that
the claimant's son suffered from "a right Erb's palsy, spinal cord lesion and hypospadias" and that he needed "physical therapy and
infant stimulation." In addition, the letter stated:
It is important that his mother spend as much time with the child as possible. She is a very good mother and the
child shows the results of her time.
The claimant contended that based upon the doctor's letter she was entitled to a medical exception to the disqualifying provisions
of Section 601A, in that she had left work upon the advice of a licensed and practicing physician, who had determined that the
claimant's assistance was necessary for the purpose of caring for her child who was in poor physical health, and such assistance
would not have allowed the claimant to perform the usual and customary duties of her employment.
The Agency's position was that the doctor's letter did not specifically state that caring for her child made it impossible for the
claimant to continue her employment: The statement "It is important that his mother spend as much time...as possible" was
insufficient to show that she could not have continued working.
HELD: Section 601B-1 provides an exception to the disqualifying provisions of Section 601A, provided that an individual shows
that she left work:
