Goodman v. Engle Homes, Inc

In Goodman v. Engle Homes, Inc., 621 So. 2d 523 (Fla. 4th DCA 1993), the claimant had discussions with her employer regarding a leave of absence she would take after her marriage. The employer promised the claimant re-employment beginning "the next fall season." This court disagreed with the UAC's determination that a bona fide leave of absence "requires that the employer and employee agree upon a specific term for the leave." 621 So. 2d at 524. In reversing the UAC's denial of benefits, this court stated: "Where an employer fails to notify its employee that absence from employment is not acceptable and such failure leads the employee to believe that the leave of absence is excused, the absence of the employee cannot support a finding that the employee voluntarily left his/her employment." Id. (quoting Meyers v. Quality Extruded Products, Inc., 611 So. 2d 54, 55 (Fla. 3d DCA 1992)). Because the employer failed to inform the claimant "of the acceptable terms of the leave of absence," the court held that her absence could not be interpreted as voluntarily leaving her employment. 621 So. 2d at 525.