Keays v. State of Florida Unemployment Appeals Commission

In Keays v. State of Florida Unemployment Appeals Commission, 592 So. 2d 1255 (Fla. 2d DCA 1992), the claimant called in sick to work and informed her employer that she needed a leave of absence "to attend to some family problems out of town." 592 So. 2d at 1256. Her employer indicated that her absence was acceptable. The claimant said she would call the employer upon her return. One week later, the claimant telephoned her employer and was informed that she had been replaced. In reversing the UAC's denial of benefits, the second district found that when the claimant was terminated, she was taking care of a family emergency and "in situations such as this, the claimant should be notified that continued absence is unacceptable, and the employee should be given a choice of termination or of returning to work." Id. The Keays court noted that the facts before it differed from those in Nofrio v. Department of Labor and Employment Security, 442 So. 2d 268 (Fla. 2d DCA 1983), where the employee informed her employer about her planned several-month-long vacation "and she left with no specific understanding that her job would remain open." 592 So. 2d at 1256. Under such circumstances, the duty that normally falls on the employer to communicate to the employee that a proposed leave of absence is unacceptable shifts to the employee such that the employee must make sure the leave is acceptable. See id.