By Payroll and Entitlements Editorial Staff
The claimant, a bank manager, was on maternity leave and asked to return to work part time or on an alternative work schedule, reporting that she was having difficulty securing childcare for her two children. The employer indicated that it could not accommodate that request and the claimant sent an email resigning from her position, citing her inability to find affordable and acceptable childcare arrangements. The Board found that, given her substantial household income and the many potential arrangements available to her family, the claimant had not demonstrated a compelling reason for rejecting all childcare arrangements, and that her personal preferences for rejecting some options did not amount to good cause for resigning. In addition, although the employer had indicated to its employees that it was considering expanding the bank's hours one weeknight and adding Saturday hours, it had not done so at the time the claimant resigned or by the date of the hearing. The court ruled that substantial evidence supported the Board's finding that the claimant's resignation based upon this anticipated change was premature and it found no basis upon which to disturb the Board's finding that she voluntarily left her employment without good cause while continuing work and child care were available (In the Matter of Lori B. Kupiec, N.Y. Sup. Ct., App. Div., Third Dept., No. 531351, April 8, 2021).
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