Current through December 12, 2024
(a)
Application. The
Administrator shall apply this section to determine eligibility in all cases in
which the individual was discharged or suspended due to absence from
work.
(b)
Definitions.
For the purposes of this section, the following definitions shall apply:
(1) "Good cause for absence from work" means
any compelling personal circumstance which would normally be recognized by the
individual's employer as a proper excuse for absence, or which would prevent a
reasonable person under the same conditions from reporting for work. Examples
of such good cause shall include, but not be limited to: personal illness or
injury which prevented the individual from reporting to work; a serious
isolated transportation problem over which the individual had no control; or a
sudden event which required the individual to address a compelling personal
responsibility or family emergency.
(2) "Notice" means notification to the
employer of absence from work through any reasonable method and within any
reasonable timeframe prescribed by the employer.
(3) "Separate instance" means "separate
instance" as defined in section 31-236(a)(16) of the Connecticut General
Statutes.
(c)
Elements of wilful misconduct - Absence from work. To establish
that an individual was discharged or suspended for absence from work which
constituted wilful misconduct in the course of employment under section
31-236-26 of the Regulations of
Connecticut State Agencies, the Administrator shall find that all of the
following elements have been met:
(1) the
individual had three separate instances of absence from work;
(2) with respect to each instance of absence,
the individual either -
(A) did not have good
cause for absence from work, or
(B)
did not provide notice of such absence to the employer which could have been
reasonably provided under the circumstances; and
(3) the three separate instances of absence
occurred within a twelve-month period.
(d)
Failure to give notice. Even
if the Administrator determines that the individual had good cause for absence
from work, such absence shall be counted as a separate instance under this
section if the individual failed to give notice of such absence when such
notice could have been reasonably provided under the circumstances.
(e)
Compelling personal
circumstances. The Administrator shall not find that an individual could
have reasonably provided notice if the individual's failure to provide notice
was due to compelling personal circumstances which would have prevented a
reasonable person in the same circumstances from providing notice.
(f)
Consecutive days - Separate
Instances.
(1) For any separation from
employment occurring prior to January 1, 2024, where an absence without good
cause for absence from work or without notice continued for two or more
consecutive days, the Administrator shall rely upon the following table to
determine the number of separate instances of absence under this section.
|
Consecutive Days |
Instance(s) of Absence |
|
2 |
1 |
|
3 |
2 |
|
4 |
2 |
|
5 |
3 |
|
6 |
3 |
(2)
For any separation from employment occurring on or after January 1, 2024, where
an absence without good cause for absence from work or without notice continued
for two or more consecutive days, each day shall constitute a separate instance
of absence under this section.
(g)
Exclusions.
(1) Tardiness. An occasion of tardiness is
not a separate instance of absence under this section. The Administrator shall
determine the eligibility of any individual who was discharged or suspended for
tardiness under the provisions of section
31-236-28 of the Regulations of
Connecticut State Agencies.
(2)
Unauthorized leaving of work. An individual's unauthorized leaving of his work
site during scheduled working hours after the individual has reported to work
is not a separate instance of absence under this section. The Administrator
shall determine the eligibility of any individual who was discharged or
suspended for such unauthorized leaving under either section
31-236-26a or section
31-236-26b of the Regulations of
Connecticut State Agencies.
