STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

ANTHONY P DURANTE, Employee

GLEASON REEL CORP, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03006367BD


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 31 of 2003, until the leave is exhausted and/or he returns to work, whichever occurs first.

Dated and mailed April 15, 2004
duranan . usd : 132 : 1   AA 127

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision which found he was on FMLA leave and therefore ineligible for benefits. The employee notes that the employer had been accommodating his restrictions. However, the fact remains that the employee could not perform his usual work for the employer. The employer was not required to accommodate the employee indefinitely. The ALJ correctly noted that Wis. Stat. § 108.04(4)(1)(b)3. applies whether it was the employee or the employer who initiated the leave.

cc: Gleason Reel Corp.



[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2007/01/05