Friday, November 20, 2015

UC - willful misconduct - employer sick leave policy not applicable to claimant out on FMLA leave

Phila. Parking Authority v. UCBR – Cmwlth. Court – November 17, 2015 – unreported memorandum opinion



Not reasonable or proper to apply employer’s sick leave policy to a claimant who was out on FMLA leave, re claimant’s failure to call employer sick line to let ER know she was leaving the house for brief period.



An unreported case may not be cited “binding precedent” but can be cited “for its persuasive value. . . .”  See 210 Pa. Code § 69.414 (a) and Pa. R.A.P.  3716 [45 Pa.B. 3975; Saturday, July 25, 2015]

If the case is old, the link may have become stale and may not work, but you can use the case name, court, and date to find the opinion in another source (e.g., Westlaw, Lexis, Google Scholar)