|DECISION DATE: February 27, 1995
|CLAIMANT: Farrukh U. Rahman
||APPEAL NO.: 9501736
|EMPLOYER: State Highway Adm 291005001
||L. O. NO.: 07/College Park
Issue: Whether the claimant is able to work, available for work
and actively seeking work within the meaning of the MD
Code Annotated, Labor and Employment Article, Title 8
Sections 903 and 904.
- NOTICE OF RIGHT TO PETITION FOR REVIEW -
Any party may request a review either in person or by mail
which may be filed in any local office of the Department
of Economic Employment Development, or with the Board
of Appeals, Room 515, 1100 North Eutaw Street, Baltimore,
MD 21201. Your appeal must be filed by March 14, 1995.
Note: Appeals filed by mail are considered timely on the date
of the U.S. Postal Service postmark.
|For the Claimant:
|For the Employer:
FINDINGS OF FACT
The claimant requested a two year leave of absence effective
March 4, 1994, for the purpose of returning to Pakistan
to handle family business. The claimant returned from
Pakistan on December 30, 1994 and inquired about the returning
to work. The claimant's previous job was not available
when he returned. The leave of absence expires on March 1, 1996.
CONCLUSIONS OF LAW
Md. Code Ann., Labor & Emp., Section 8-903 (Supp. 1994) provides
that a claimant for unemployment insurance benefits must
be (1) able and available for work and (2) actively seeking
work without restriction upon availability for work. In
Robinson v. Maryland Employment Sec. Bd., 202 Md. 515,
97 A.2d 300 (1953), the Court of Appeals held that a claimant
may not impose restrictions upon his or her willingness
to work and still be available as the statute requires.
The claimant who voluntarily removes himself from the work force for
a substantial period of time, pursuant to a leave of absence
granted at his request, is not "available for work" within
the meaning of Section 4(c), (now 8-903), of the Law,
prior to the expiration of the leave, where the employer
has filled the claimant's position in reliance on the
leave. Muller v. Board of Education, 144-BH-83. See also,
Mahon v. Industrial Union of Marine and Shipbuilders Workers
of America, 100-BR-84, and Manacher v. Maryland Office
on Aging, 782-BR-84.
In this case, the claimant returned to work prior to the expiration
of his leave of absence and no work was available to him.
Since the claimant initiated the leave of absence and
returned prior to the expiration of teh leave, he remains
"unavailable for work" within the meaning of the Maryland
Unemployment Insurance Law, Title 8, Section 903.
IT IS HELD THAT the claimant is not fully able and available
for work without material restriction and/or not actively
seeking work within the meaning of Md. Code Ann., Labor
& Emp., Section 8- 903 (Supp. 1994). Benefits are
denied for the week beginning January 8, 1995, and until
such time as the claimant is fully able, available and
actively seeking work without material restriction.
The determination of the claims examiner is affirmed.
S. Moreland, ESQ, Hearing Examiner
Date of hearing: February 15, 1995
RC/Specialist ID: 07227
Seq. No. :002
Copies mailed on February 27, 1995 to:
FARRUKH U. RAHMAN
STATE HIGHWAY ADM 291005001