Opinion
Argued November 3, 1977
December 20, 1977.
Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Failure to follow reasonable instructions — Absence reports.
1. An employe discharged for wilful misconduct is ineligible for benefits under the Unemployment Compensation Law, Act 1936, December 5, P.L. 2897. [88]
2. A failure to follow reasonable instructions of an employer relating to the submission of a doctor's report and request for leave during an absence due to illness is properly found to constitute wilful misconduct precluding the receipt of unemployment compensation benefits by an employe discharged therefor. [88-9]
Argued November 3, 1977, before Judges WILKINSON, JR. and ROGERS, sitting as a panel of two.
Appeal, No. 1850 C.D. 1976, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Deborah G. Ritchie, No. B-135212.
Application to Bureau of Employment Security for unemployment compensation benefits. Benefits denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Walton F. Hill, and Douds Hill, for petitioner.
Charles G. Hasson, Assistant Attorney General, Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.
This is an, appeal from an order of the Pennsylvania Unemployment Compensation Board of Review (Board) denying benefits to the claimant on the grounds of wilful misconduct. Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 802 (e). We affirm.
The claimant was employed as a file clerk by the United States Civil Service Commission (Commission) until her discharge on October 17, 1975. The claimant had last worked for the Commission on September 3, 1975, having been absent due to illness during the interim period.
On September 30, 1975, the Chief, Records Division of the Bureau of Retirement, Insurance and Occupational Health of the United States Civil Service Commission, sent a letter requesting her to furnish a statement from her doctor covering the illness, and also to submit a written request to the Bureau Director for an extension beyond thirty days of her leave without pay. Without such a written request, she was advised that her continued absence could not be authorized. The claimant did not comply with either request. The issue which arises is whether the claimant's failure to comply with her employer's instructions constitutes wilful misconduct. We affirm the finding that it does and benefits must be denied.
The term wilful misconduct has been dealt with on a number of occasions by this Court. See Unemployment Compensation Board of Review v. Glenn, 23 Pa. Commw. 240, 350 A.2d 890 (1976); Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commw. 90, 309 A.2d 165 (1973). One of the rules which has been developed is that an employee's failure to follow the reasonable instructions of his or her employer constitutes wilful misconduct. Horn v. Unemployment Compensation Board of Review, 26 Pa. Commw. 566, 364 A.2d 991 (1976). We find the record in this case supports the Board's conclusion that the claimant failed to follow the reasonable instructions of her employer with regard to her continued absence from work, and that the Board properly concluded that as a result she was ineligible for benefits.
Accordingly, we will enter the following
ORDER
NOW, December 20, 1977, the decision of the Unemployment Compensation Board of Review, No. B-135212, dated September 28, 1976, is affirmed.