| LOWER APPEALS
DECISION
| Date Mailed: 7/12/91 |
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| CLAIMANT: Ronald W. Washington |
APPEAL NO.: 9109153 |
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EMPLOYER: University of Maryland
Medical System Personnel Dept. |
L.O. NO: 001 |
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APPELLANT: Claimant
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Issue: Whether the unemployment of the claimant was due to
leaving work voluntarily, without good cause, within the
meaning of Section 6(a) of the law.
-NOTICE OF RIGHT TO PETITION FOR REVIEW-
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A REVIEW
AND SUCH PETITION FOR REVIEW MAY BE FILED IN ANY OFFICE
OF THE DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT,
OR WITH THE APPEALS DIVISION, ROOM 515, 1100 NORTH EUTAW
STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON OR BY MAIL.
THE PERIOD FOR FILING A PETITION FOR REVIEW EXPIRES AT MIDMIGHT
ON July 29, 1991.
APPEARANCES
For the Claimant:
Claimant - Present |
For the Employer:
Joanne Williams, Employee Relations
Specialist
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FINDINGS OF FACT
The claimant worked for the employer from November 17, 1989
through April 20, 1991. He was employed as a nursing
assistant and earned $6.50 per hour, part-time.
The claimant resigned on or about April 20, 1991 for personal
reasons. The claimant voluntarily separated from his
employment because he had a sick mother in Florida.
In addition, the claimant himself was having difficulty
with his medication which he take to control a medical condition.
The claimant testified that family relatives in Florida
requested that he return to care for his mother. However,
the claimant did not provide medical documentation which
stated that the claimant was need in Florida pursuant
to a doctor's orders. The claimant also stated that
he is on the medication AZT and that the medication
was making him sickly. He was not able to perform his
job because of his medication.
The claimant provided medical documentation, which stated
that the claimant was unable to work from the period
of April 19, 1991 through May 19, 1991. The claimant
did not request a leave of absence from his employer.
The claimant did not request a leave of absence because
he knew it would not be a paid leave of absence. The
claimant did not think he would be returning to the
job in the foreseeable future.
CONCLUSIONS OF LAW
Article, 95A, Section 6(a) provides that an individual shall be
disqualified for benefits where his unemployment is due
to leaving work voluntarily, without good cause arising
from or connected with the conditions of employment or
actions of the employer or without serious, valid circumstances.
The preponderance of the credible evidence in the record
will support a conclusion that the claimant voluntarily
separated from employment, without good cause or valid
circumstances, within the meaning of Section 6(a) of the Law.
In the instant case, the claimant voluntarily quit his job
without pursuing all reasonable alternatives. The claimant
could have taken a leave of absence in order to care for
his mother in Florida.
DECISION
The claimant's unemployment was due to leaving work voluntarily,
without good cause connected with the work, within the
meaning of Section (a) of the Maryland Unemployment
Insurance Law. He is disqualified from receiving benefits
from the week beginning April 14, 1991 and until the
claimant becomes re-employed and earns at least ten
times his weekly benefit amount and thereafter becomes
unemployed through no fault of his own.
The determination of the Claims Examiner is affirmed.
Kevin O'Neal, Hearing Examiner
Date of Hearing: July 2, 1991
lr/Specialist ID: 01032
Cassette No: 6179B
Copies mailed on July 12, 1991 to:
Claimant
Employer
Unemployment Insurance - Baltimore (MABS)
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