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CLAIMANT, A TEACHER IN A CATHOLIC SCHOOL, WAS NOT GIVEN ENOUGH TIME TO CONSULT WITH HER DOCTOR ABOUT WHETHER TO OBEY THE COVID VACCINE MANDATE; THE DENIAL OF UNEMPLOYMENT INSURANCE BENEFITS REVERSED AND THE MATTER REMITTED (THIRD DEPT).

The Third Department, reversing the Unemployment Insurance Appeal Board, determined claimant, a teacher in a Catholic school, was not given enough time to consult with her doctor about the COVID vaccine. Claimant had been informed on or about September 24 she would be terminated if she did not get vaccinated by September 27. Claimant had already had COVID and wanted to discuss whether she had natural immunity with her doctor. The Board deemed her unable to meet an essential function of her job on September 28 and denied Unemployment Insurance benefits:

Although claimant testified that she was unsure about whether to get the vaccine, when she was asked, hypothetically, if she would have gotten the vaccine to keep her job if she had been provided more time, she testified that she would have if she “knew it was safe” and that she “probably” would have, provided she was given an opportunity to consult with her doctor. Even crediting the ALJ’s finding that claimant was notified on September 23, 2021 about the possibility of a vaccine requirement, providing claimant with only four days, two of which were weekend days, to comply with the vaccination mandate was unreasonable. In light of this finding, the Board’s decision that claimant voluntarily left her employment without good cause is not supported by substantial evidence and must be reversed … . Matter of Antonaros (Commissioner of Labor), 2024 NY Slip Op 00217, Third Dept 1-18-24

Practice Point: The claimant had had COVID and wanted to talk to her doctor about natural immunity before deciding to obey the vaccine mandate. Claimant was not given enough time to do so. The denial of Unemployment Insurance benefits was reversed and the matter remitted.

 

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