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Unformatted text preview: ly after resigning due to his diminished work schedule, Rivero's condition worsened
to the point that he was unable to work at all.
One month later, Rivero applied for unemployment compensation. On July 22, 1999,
Rivero received a letter from the County which stated that Rivero was eligible to take
medical leave under the federal Family and Medical Leave Act due to his serious health
condition. The letter also requested additional documentation regarding his medical
condition to submit to the Division. Rivero attempted to obtain the necessary documents
but his doctor was unavailable until October.
Also on that day, the County responded to a letter sent by the Division which requested
information regarding the circumstances of Rivero's separation with the County. The
County replied that Rivero was not available to work and was on family leave. Shortly
thereafter, Rivero's application for unemployment compensation was denied. Thereafter,
Rivero received another letter from the County on August 6, 1999, which stated that the
County considered Rivero to have abandoned *852 his position because he failed to
provide the necessary documentation.
After the Division denied Rivero's benefits, Rivero timely appealed that decision based
on the fact that Rivero was not on leave but had resigned in May. Although the appeals
referee found that Rivero had a medical condition which prevented him from working,
the referee also found that Rivero "caused the separation when he did not provide the
employer with documentation for a Family Medical Leave." However, the referee's
decision failed to address Rivero's claim that he separated from his employment due to a
reduction in his hours. Subsequently, Rivero appealed the referee's decision to the
Unemployment Appeals Commission which affirmed the referee's decision. This appeal
 A claimant is not entitled to unemployment compensation benefits if the claimant
was discharged as a result of misconduct connected with the employment. See Webb v.
Rice, 693 So.2d 1109 (...
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- Spring '08