NEW YORK UNEMPLOYMENT INSURANCE - PREGNANCY

As recently as March 20, 2012, the Appeal Board issued AB 560631 and stated:

"The credible evidence establishes that the claimant's employment ended effective February 15, 2011 when she did not return to her existing duties which involved working with lab samples which included volatile and toxic solvents which she had been advised by her doctor to avoid during her pregnancy. The employer had no other positions available for the claimant whereby she could avoid exposure to these toxins. While the employer did offer the claimant a leave of absence, it was unpaid and there was no guarantee that her position would be available upon her return to work. The employer's contention that there was ample safety equipment available to protect the claimant from any exposure is rejected in light of the claimant's sworn, firsthand testimony that she was exposed to these materials while using safety equipment in the past. Accordingly, the claimant had good cause to separate from her employment."