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Under the Circumstances, Caring for Husband While Awaiting a Kidney Transplant in Florida Did Not Constitute “Good Cause” for Claimant’s Leaving her Employment–Employer Had Offered to Accommodate Claimant with Leaves of Absence

The Third Department determined claimant voluntarily left her employment without good cause.  Claimant moved to Florida to care for her husband while they awaited a kidney transplant.  Claimant’s employer had offered to accommodate claimant’s needs for leaves of absence:

“Relocating to retire with and care for one’s spouse does not constitute good cause for leaving employment absent proof of a compelling medical necessity for the move” … . Claimant provided no medical documentation indicating that she had received medical advice to join her husband in Florida …, nor did she explain the five-month delay in relocating to Florida after she resigned. In any event, claimant’s husband received a kidney transplant six months after she resigned, and the employer indicated both that it would have granted her an additional leave of absence and that continuing work was available to her. Under these circumstances, substantial evidence supports the Board’s determination that claimant voluntarily left her employment without good cause. Matter of Marie C Lahens…, 2014 NY Slip Op 06349, 3rd Dept 9-25-14

 

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