Hospitalization justifies lack of response to employer inquiry

Unemployment compensation will be denied if an employee engages in misconduct in connection with her work. She could fail to comply with an employer’s requirements for periodic reporting or to provide requested information about her absences. A recent Arkansas Court of Appeals case, however, shows there are limits on how demanding employers may be.

Facts

Betty Dillinger worked for Belk as a salesperson. From November 9, 2018, to January 28, 2019, she was on leave under the Family and Medical Leave Act (FMLA) for pneumonia. She returned to work afterward, but on February 21, she informed the employer she needed to reinstate her FMLA leave because she was sick again.

On February 23, Dillinger reported to the HR office that her condition had worsened and that she had been hospitalized with the flu. She was placed on a ventilator and underwent a tracheotomy. While she was in the hospital, Belk sent her letters informing her she needed to contact it, and, if she failed to do so, her employment would end. The employer had confirmation she received the first notification by certified mail.

On April 27, Dillinger was released from the hospital. On May 3, she contacted Belk, and it informed her that her employment had ended for failing to maintain contact and not returning to work.