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  1. #1
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    Dec 2012
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    Default Denied Unemployent Due to Absenteeism for Family Matters

    My question involves unemployment benefits for the state of: Arkansas.
    I was disqualified for ui due to excessive absences. In the letter it said the law now says that absenteeism is considered misconduct. My question is: does the reasons for the absences matter? My employer said when I was terminated that they could have possibly excused the absences when they happened but not now. They knew at the time they occured what was going on. My son ran away, was put on the national registry for exploited children and was subsequently hospitalized for several months afterwards. Obviously, thats the reason I had so many absences. I was wondering if it is worth my time to appeal this denial.

  2. #2
    Join Date
    Jul 2010
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    Default Re: Disqualified for Misconduct for Attendance

    You lose nothing but a little bit of time appealing. I'm not an expert but others who are might be able to help.

  3. #3
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    Default Re: Disqualified for Misconduct for Attendance

    Thanks for your thoughts!

  4. #4
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    Default Re: Denied Unemployent Due to Absenteeism for Family Matters

    Was your employer aware of the situation? Is your employment covered by the FMLA? Did you attempt to exercise FMLA rights in relation to your son's illness, assuming you were qualified for FMLA under the circumstances?

  5. #5
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    Default Re: Denied Unemployent Due to Absenteeism for Family Matters

    Quote Quoting dlbeam
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    My question involves unemployment benefits for the state of: Arkansas.
    My employer said when I was terminated that they could have possibly excused the absences when they happened but not now.
    That's an odd statement. If they would be okay with it then, why aren't they okay with it now?

    I was going to ask about FMLA like KIA but since employment law isn't my bailiwick, I figured I'd leave it to more learned heads.

  6. #6
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    Default Re: Denied Unemployent Due to Absenteeism for Family Matters

    It's possible that they're saying, "Had you explained what was going on, we would have tried to accommodate you rather than treating your unexplained absences as a disciplinary matter."

  7. #7
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    Default Re: Denied Unemployent Due to Absenteeism for Family Matters

    True. Depending on the company, I would think they could unwind any disciplinary action once they found things out. But it is their company to run as they choose.

  8. #8
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    Default Re: Denied Unemployent Due to Absenteeism for Family Matters

    It is also not the employer's call whether it is considered misconduct for UI purposes or not. I have had employees who were termed for absenteeism but for whom I would not have (and did not) contest UI; however they were declined for benefits because the state decided they'd had enough warnings and notices about their missing work to know that their job was in jeopardy.

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