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

ALBERTA A STOCCO, Employee

NFC HEALTH CARE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09402690GB


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 23 of 2009, and until four weeks have elapsed since the end of the week of quitting and the employee has earned wages in covered employment performed after the week of quitting equaling at least four times the employee's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed February 3, 2010
stoccal . usd : 145 : 5 VL 1023.13

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision. The employee states that she has found another job. The employee explains that she has never left a job without notice and her reason for leaving was in order to help her son. The employee was able to work upon her return. The department's policy defines care as "personal or daily nursing care that is provided to the family member. Examples include: Waking/putting to bed, bathing, dressing, grooming, feeding, giving medication, and other medical care as required. Care does not include such tasks as grocery shopping or doing laundry." The employee did not establish that the care she provided to her son fit within the exception set forth in Wis. Stat. § 108.04(7)(c). In addition, the employee did not ask the employer for a leave. The statute requires that the employee ask for a leave, and that the employer refuse to provide the leave or refuse to provide the amount of leave the employee would have needed to care for her son. The employee testified, and the employer agreed, that the employee never asked for a leave. The employer indicated that under the circumstances in this case, the employer might have been willing to work with the employee. Therefore the employee has failed to demonstrate that the statutory provision applies in her case. The commission must apply the law as it is written and does not have the authority to disregard the law even in a case like this, where the employee's situation is extremely sympathetic.

cc: Muskogee Regional Medical Center (Muskogee, Oklahoma)


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uploaded 2010/02/11