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HEGLEY UNEMPLOYMENT COMPENSATION CASE. (06/15/61)

June 15, 1961

HEGLEY UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 201, April T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-56996, in re claim of Chalys U. Hegley. Decision affirmed.

COUNSEL

Donnell D. Reed, with him Reed & Bastacky, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General For Unemployment Compensation Board of Review, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 195 Pa. Super. Page 631]

OPINION BY FLOOD, J.

The claimant quit her job on May 30, 1959, because she was six and one half-months pregnant. She did not ask for leave of absence or inform her employer, at the time of leaving, of her intention to return to

[ 195 Pa. Super. Page 632]

    work after the birth of her child. Her child was born on August 24th and on October 9th, she reported to the Bureau of Employment Security and asked for unemployment benefits. She was there notified that she must ask her employer for reinstatement in her former Job. She promptly did so, but no work was available for her.

On this state of the record, the board reversed the award to her by the bureau, affirmed by the referee. The board's reasons for denying compensation were that (1) she did not ask for leave of absence and (2) when she again became available for work she reopened her claim for benefits prior to notifying the company that she was available for work.

The claimant appeals on two grounds:

1. The appeal of the employer from the decision of the referee was too late and should have been quashed.

2.The rule disqualifying her because she first went to the board before going to her employer was unreasonable and ...


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