9 Pa. Commw. 597 | Pa. Commw. Ct. | 1973
Opinion by
Virginia A. Ferko (appellant), last employed by the West Company, of Phoenixville, Pennsylvania, was discharged for failure to obtain a required medical leave of absence following an extended period of absenteeism. On the basis that such failure constituted willful misconduct connected with her work, appellant was thereafter denied unemployment compensation benefits pursuant to 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). This is an appeal from the determination and order of the Unemployment Compensation Board of Review (Board) affirming the decisions of the Bureau of Employment Security and the Board’s referee denying compensation.
Section 510 of the Unemployment Compensation Law, 43 P.S. §830, sets forth our scope of review in appeals of this nature and provides, in pertinent part:
After careful review of the record, we conclude that the factual determinations of the referee, adopted by the Board, are supported by substantial evidence. Such findings of fact are as follows:
“1. The claimant was last employed by the West Company in Phoenixville, Pa., on March 25th, 1971, when she worked for eight hours. She had been employed as an electric press operator at $3.54 per hour and her employment had extended from 1964.
“2. The claimant had reported her absence subsequent to March 25th, 1971 and produced medical evidence to the effect that her illness would require a medical leave of absence.
“3. The claimant had been on a medical leave of absence from December 21st, 1970 to January 7th, 1971, because of an acute respiratory infection. Her next medical leave began on January 7th, 1971 due to a whiplash and expired on January 21st, 1971. Following this the claimant was on a medical leave from February 3rd through March 18th, 1971 for an ear infection.
“4. The claimant did not report for work after March 25th, 1971.
“6. The claimant, however, failed to provide such evidence and as a result of such failure, she was notified on May 4th, 1971 that she had been terminated by the employer.
“7. The claimant was a member of the United Rubbers’ [sic] Workers Union, and she filed a grievance with the Union for reinstatement in her job. However, following a hearing, the termination was upheld by the Union.”
Section 402 of the Unemployment Compensation Law, 43 P.S. §802, provides, inter alia:
“An employe shall be ineligible for compensation for any week—
if
“(e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work . . . .”
While our Legislature did not define “willful misconduct,” the following definition from 48 Am. Jur., Social Security, Unemployment Insurance, Etc., §38 (1943), and quoted in Harmer v. Unemployment Compensation Board of Review, 206 Pa. Superior Ct. 270, 272, 213 A. 2d 221, 223 (1965), has received the imprimatur of this Court: “Misconduct within the meaning of an unemployment compensation act excluding from its benefits an employee discharged for misconduct must be an act of Avanton or Avilful disregard of the employer’s interest, a deliberate violation of the
The case law has firmly established that absence from work without notification to the employer, in violation of the employer’s rules as to reporting such absenteeism, evidences a deliberate disregard of the standards of behavior an employer has the right to expect of his employees. Horan v. Unemployment Compensation Board of Review, 7 Pa. Commonwealth Ct. 194, 300 A. 2d 308 (1973); Loder v. Unemployment Compensation Board of Review, supra; Cleaver v. Unemployment Compensation Board of Review, 5 Pa. Commonwealth Ct. 255, 290 A. 2d 279 (1972); McCone Unemployment Compensation Case, 199 Pa. Superior Ct. 6, 184 A. 2d 275 (1962).
In her appeal, the appellant makes two arguments. She contends, first, that no adequate warning of termination was given and, second, that daily telephonic reports of illness to the employer subsequent to March 25 were sufficient notice to preclude findings of willful misconduct. Both contentions are totally without merit.
The findings of fact show clearly that the employer allowed one full week after mailing the warning letter of April 26 before sending notice of termination. The referee correctly reasoned that appellant had been given ample time to comply, especially in light of the fact that on three prior occasions during the same year she had secured medical leave of absence, evidencing her awareness of the necessity and procedure for obtaining valid leave when ill.
In the instant appeal, appellant’s conduct falls squarely within the rule, defined in Horan v. Unemployment Compensation Board of Review, supra, as to improperly reported absences from work. Her unmitigated inaction constituted deliberate disregard of proper standards of behavior her employer had the right to expect of her, and she is guilty of willful misconduct under the definition set forth above.
Where an employment is terminated for willful misconduct, Section 402(e) of the Unemployment Compensation Act, 43 P.S. §802(e), specifically denies benefits.
Order of the Unemployment Compensation Board of Review is hereby affirmed.