ELLEN SHU, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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Ellen Shu, a pregnant postal worker, was denied unemployment benefits by the Unemployment Appeals Commission for being on a voluntary leave of absence. The court reversed, holding that Shu did not voluntarily initiate her leave since she opposed it and wanted to continue working, and that disqualifying provisions in unemployment statutes should be narrowly construed.
The court reversed and held that Shu did not voluntarily initiate her leave of absence because she expressly opposed it and informed her employer she wanted to continue working. The leave was imposed by the employer based on medical restrictions, not initiated by Shu herself. Disqualifying provisions in unemployment statutes must be narrowly construed.
[1] A leave of absence is considered bona fide when an employer guarantees the employee a position upon return and specifies the expected return date.
[2] Statutory provisions disqualifying claimants from unemployment compensation benefits are to be narrowly construed.
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Join FLexlaw to unlock all legal intelligence“[f]or any week with respect to which the division finds that his unemployment is due to a leave of absence, if such leave was voluntarily initiated by such individual”
The statutory disqualification provision that the court narrowly construed against the UAC's interpretation
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Join FLexlaw to unlock all legal intelligenceShu was a letter carrier who became pregnant and had medical restrictions limiting her from heat exposure, heavy lifting, and climbing. She requested …
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PER CURIAM.
Ellen Shu, a letter carrier with the United States Postal Service, appeals the decision of the Unemployment Appeals Commission (UAC) reversing the Appeals Referee’s decision and holding Shu was disqualified from receipt of benefits because she was on a leave of absence which she voluntarily initiated. We reverse the UAC’s Order and remand for reinstatement of benefits.
During the first eight weeks of her pregnancy, Shu’s employer requested she have a form completed by her physician outlining physical restrictions imposed on Shu by her physician. Shu’s physician restricted her from being in the heat for more than three hours, lifting moderate to heavy weights (over twenty pounds), and climbing. These restrictions prohibited Shu from continuing as a letter carrier; however, Shu told her branch manager, Robert Kunkel, she wanted to work until her due date answering phones or sorting mail as she did during a previous pregnancy. Kunkel responded by sending Shu a letter which provided in pertinent part:
I have received and reviewed your request for light duty from July 25, 1996 through March 2,1997.
Light duty will not be available for you between the dates of your doctor’s request.
Based upon your medical restrictions and your job requirements as a letter carrier, there is currently no work available. However, if your medical condition should change, please submit the appropriate updated medical certification and request for light duty so subsequent review and consideration can be given.
If no additional documentation is presented, you will return to full duty status on March 2,1997.
The Appeals Referee concluded Shu was not on a bona fide leave of absence because her employer did not address the date of her return to work or the position she would assume on returning. We agree with the UAC that this finding was not supported by competent substantial evidence; rather Kunkel’s letter provided Shu would return to full duty status on March 2, 1997. The fact Shu was guaranteed a position on return to work and told by her employer when she was expected to return means Shu’s leave of absence was bona fide. Goodman v. Engle Homes, Inc., 621 So. 2d 523 (Fla. 4th DCA 1993).
However, we disagree with the UAC’s conclusion Shu “voluntarily initiated” her leave of absence. Section 443.101(l)(c), Florida Statutes (1995) disqualifies claimants from receiving unemployment compensation benefits “[f]or any week with respect to which the division finds that his unemployment is due to a leave of absence, if such leave was voluntarily initiated by such individual.” § 443.101(l)(c), Fla. Stat. (1995) (emphasis added). As a disqualifying provision, section 443.101(l)(c) should be narrowly construed. St. Joe Paper Co. v. Gautreaux, 180 So. 2d 668 (Fla. 1st DCA 1965).
No Florida appellate court has directly addressed the issue of interpretation of section 443.101(l)(c), although the third district has concluded flight attendants required by a collective bargaining agreement to take a leave of absence during pregnancy were not automatically unavailable for work. Baeza v. Pan American/National Airlines Inc., 392 So. 2d 920 (Fla. 3d DCA 1980). In the instant case, Shu testified she did not request to be put on leave, rather she informed her employer she wanted to continue working. Shu was not automatically unavailable for work. Under the facts of this case, it is difficult to understand how Shu could have initiated a leave she expressly opposed. Therefore, we reverse the UAC’s order and remand for reinstatement of unemployment compensation benefits.1
DELL, POLEN and STEVENSON, JJ., concur. . Although we have found no other Florida cases on point, decisions from other states would support eligibility for benefits in similar circumstances. See Defeo v. Commonwealth of Pennsylvania Unemployment Compensation Board of Review, 38 Pa.Cmwlth. 161, 392 A. 2d 337 (1978); Kibble v. Employment Division, 36 Or.App. 243, 584 P. 2d 340 (1978).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hardy v. Fla. Unemployment Appeals Comm'n, 764 So. 2d 684 (Fla. 1st DCA 2000)…on 443.101(l)(c), although the Third District has concluded flight attendants required by a collective bargaining agreement to take a leave of absence during pregnancy were not automatically unavailable for work.” Shu v. Unemployment Appeals Comm’n, 710 So. 2d 108, 109 (Fla. 4th DCA 1998); see Baeza v. Pan Am./Nat’l Airlines, Inc., 392 So. 2d 920 (Fla. 3d DCA 1980). Although no Florida decision on point could be located, decisions from other states indicate that pregnant claimants placed on mandatory leaves…
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Horvath v. Sw. Airlines Co., 761 So. 2d 1250 (Fla. 1st DCA 2000)…ing the referee’s denial of benefits to Claimant. We find that, under the authority of Hardy v. Unemployment Appeals Commission, 25 Fla. L. Weekly D1402, 2000 WL 718195, — So. 2d - (Fla. 1st DCA June 6, 2000), and Shu v. Unemployment Appeals Comm’n, 710 So. 2d 108 (Fla. 4th DCA 1998), the referee erred in interpreting section 443.101(l)(e), Florida Statutes. We therefore REVERSE the Commis- sion’s order and REMAND for a determination of Claimant’s eligibility for benefits pursuant to section 443.091(l)(c)l.…
Authorities Cited
- ST. JOE Paper Co. v. Gautreaux, 180 So. 2d 668 (Fla. 1st DCA 1965)
- Ina M. Baeza v. PAN American/National Airlines, Inc., 392 So. 2d 920 (Fla. 3d DCA 1980)
- Goodman v. Engle Homes, Inc., 621 So. 2d 523 (Fla. 4th DCA 1993)