In re the Claim of Albanese
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 18, 2001, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant requested a sick day off from work about one week prior to a doctor’s appointment that he had scheduled one month earlier. He did not inform the employer that he had a medical appointment, instead stating that he needed the day off for something personal. The employer informed him that he had used all his sick days. Claimant then requested a bonus day off, but was informed that he had used all those days as well. He then requested the day off without pay. The employer informed him that if he did not report for work, he would be
Claimant argues that it was an abuse of discretion to grant the employer’s request to reopen this matter. We disagree. The employer offered a valid reason to excuse its default, i.e., that claimant’s supervisor had been required to conduct a training session which could not be rescheduled (see Matter of Gambino [Commissioner of Labor],
The Board’s determination that claimant lost his employment under disqualifying circumstances was supported by substantial evidence. We have previously held that a single unauthorized absence may constitute misconduct that disqualifies a claimant from receiving unemployment insurance benefits where the claimant requested a day off, the employer disapproved the absence, yet the claimant still failed to report for work (see Matter of Valycheva [Hudacs],
Cardona, P.J., Her cure, Crew III, Peters and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.