Espina v. Board of Review

The opinion of the court was delivered by

A.A. RODRÍGUEZ, P.J.A.D.

An employee who abandons his or her job for five or more consecutive work days is disqualified for unemployment benefits for voluntarily abandoning his or her position absent good cause. N.J.A.C. 12:17-10.3(c). In this appeal, we hold that pursuant to N.J.A.C. 12:17-9.11(b), an employee cannot be deemed to have abandoned her employment by failing to return to work, until the expiration of five consecutive days from the last day of an approved leave of absence.

Claimant, Dyana Espina, had been employed by Keybank National…