Pennsylvania court finds that where claimant limited her employment to one type of job, she was not available for work; benefits denied
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Friday, October 9, 2020

Pennsylvania court finds that where claimant limited her employment to one type of job, she was not available for work; benefits denied

By Payroll and Entitlements Editorial Staff

The claimant was employed as a full-time, direct caregiver working overnight shifts. She took FLMA leave and when it ended resigned from her job when she was unable to obtain the work she wanted. Relying on previous cases, the Board asserted that a claimant who requests other work and is placed on an unpaid leave of absence is available for work under the law. In this case, however, the presumption of availability was rebutted because the claimant limited her employment to office work and sought only such jobs with the employer, even though she lack the qualifications for them. Even though it was her burden to offer evidence to establish she was available for work, she failed to do so. Having placed such significant restrictions on her availability, the claimant failed to show that there were jobs available that she would be able to perform and that these same jobs were reasonably available to her. Accordingly, the Board erred by concluding that the claimant was eligible to receive benefits. The Board's order thus was reversed (Friendship Community, Inc. v. UCBR, Pa. Comwth. Ct. (Unpub. Op.), No. 1553 C.D. 2019, September 11, 2020).

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