SUSAN M. MARCHESE, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION AND YELLOW BOOK SALES AND DISTRIBUTION CO., INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant Susan Marchese appeals a denial of unemployment benefits after she voluntarily quit her job due to childcare issues. The Florida District Court of Appeal affirms the Unemployment Appeals Commission's decision, holding that the loss of a nanny does not constitute a 'family emergency' under Florida law.
The court held that the loss of a nanny does not constitute a family emergency as understood in Florida unemployment compensation law. Appellant voluntarily left work without good cause attributable to her employer and therefore is not entitled to unemployment benefits.
[1] A "family emergency" exception to eligibility for unemployment benefits typically arises when an employee needs to take time off to care for an ill family member or due t…
[2] Leaving employment to care for a child when the usual caregiver quits does not constitute a "family emergency" for unemployment benefit purposes.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The term 'family emergency exception' is not statutory, a point the UAC makes, but it has developed from cases.”
Establishes that the family emergency exception is a judicially-created doctrine, not based in statute.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Marchese worked while her seven-month-old child was cared for by a nanny. When the nanny quit, Marchese requested a leave of absence from he…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHAHOOD, J.
Appellant, Susan Márchese, appeals an order of the Unemployment Appeals Commission,. finding she was not eligible for unemployment compensation benefits after she voluntarily quit her job. The Commission affirmed the decision of the appeals referee. We affirm.
In this case the nanny who cared for appellant’s seven-month-old child quit, thus resulting in appellant’s requesting, but being denied, a leave of absence. We hold that this did not constitute a “family emergency” under the facts of this case. Appellant voluntarily left work without good cause attributable to her employer and therefore is not entitled to unemployment benefits.
Appellant argues that she chose not to return to work because a family emergency existed. “The term ‘family emergency exception’ is not statutory, a point the UAC makes, but it has developed from cases.” Tittsworth v. Unemployment Appeals Comm’n, 920 So. 2d 139, 140 (Fla. 4th DCA 2006). Appellate courts have held that a family emergency exists when an employee needs to take time off from work to care for an ill family member or because a death occurred. See Andres v. Unemployment Appeals Comm’n, 888 So. 2d 119 (Fla. 4th DCA 2004) (holding that a former employee is entitled to benefits after leaving work to care for her ill child).
In contrast to those situations, an overwhelming majority of cases have held that leaving work for reasons not related to a medical illness or death does not constitute a family emergency. See King v. Fla. Unemployment Appeals Comm’n, 763 So. 2d 1151, 1154 (Fla. 4th DCA 2000) (holding that employee’s traveling overseas for a wedding did not amount to a family emergency); Margulies v. Pallott & Poppell, 599 So. 2d 195 (Fla. 3d DCA 1992) (affirming denial of benefits where employee missed almost two weeks to care for a family member and the referee determined there was no “family emergency”); City of Riviera Beach v. Fla. Dep’t of Commerce, Div. of Employment Sec., 372 So. 2d 1007 (Fla. 4th DCA 1979) (holding that an employee was guilty of misconduct by not reporting to work after adopting a child); Beard v. State Dep’t of Commerce, 369 So. 2d 382, 385 (Fla. 2d DCA 1979) (stating “[a] mother’s unwillingness to leave her children in the care of others at night is certainly good cause for her to resign but it is not good cause which can be attributed to her employer”).
Accordingly, we hold, based on the record before us, that the decision of the appeals referee and the order of the commission were supported by competent, substantial evidence and were in compliance with the essential requirements of law. See Ayers v. Unemployment Appeals Comm’n, 848 So. 2d 1239, 1240 (Fla. 4th DCA 2003).
Affirmed.
STONE and TAYLOR, JJ., concur.
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Cited By
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Dowden v. Reemployment Assistance Appeals Comm'n & Velocity Brands LLC, 132 So. 3d 1198 (Fla. 2d DCA 2014)…, when it added the phrase ‘attributable to the employer’ to the good cause requirement for voluntary termination, must have intended to remove domestic obligations as good cause for voluntary termination.”); Marchese v. Unemployment Appeals Comm’n, 946 So. 2d 123, 124 (Fla. 4th DCA 2007) (recognizing a “family emergency exception” so that an employee may voluntarily take time off work to care for an ill family member or because a death occurred but holding that a mother’s leave of absence because her nanny q…
Authorities Cited
- Beard v. State of Fla. Dep't OF Commerce, 369 So. 2d 382 (Fla. 2d DCA 1979)
- City OF Riviera Beach v. Fla. Dep't OF Commerce, 372 So. 2d 1007 (Fla. 4th DCA 1979)
- King v. Fla. Unemployment Appeals Comm'n, 763 So. 2d 1151 (Fla. 4th DCA 2000)
- Ayers v. State, 848 So. 2d 1239 (Fla. 4th DCA 2003)
- Margulies v. Pallott & Poppell & Fla. Unemployment Appeals Comm'n, 599 So. 2d 195 (Fla. 3d DCA 1992)
- Andres v. State OF Fla. Unemployment Appeals Comm'n & Eraclides, 888 So. 2d 119 (Fla. 4th DCA 2004)
- Jaclyn M. Tittsworth v. Unemployment Appeals Comm'n, 920 So. 2d 139 (Fla. 4th DCA 2006)