NEW YORK UNEMPLOYMENT INSURANCE - PREGNANCY

See also (Mailed and Filed: SEPTEMBER 25, 2008) IN THE MATTER OF: Appeal Board No. 542082:

"The credible evidence establishes that the claimant quit her job when she was denied the use of a chair during her shift. It is undisputed that the employer knew that the claimant was pregnant. The claimant had given notice to the employer that she was having physical difficulty standing through her entire shift and requested the use of a chair. No evidence was submitted indicating that the employer had informed the claimant that a doctor's note was needed in order to obtain an accommodation for her known temporary disability. We note that there had been a chair behind the front desk until one week prior thus it was a condition of her employment when she'd started work and was a reasonable accommodation that would have enabled her to continue to work without a problem. On April 5, 2008, just four days after the general manager made it clear that she had granted only a one day accommodation, the claimant was presented with an absolute prohibition by her supervisor preventing her from using a chair while she worked. It was reasonable for the claimant to then conclude that the manager had no intention of making an accommodation for her temporary disability. Under these circumstances, her decision not to continue working under those conditions was reasonable. Accordingly, we conclude that the claimant voluntarily left her employment with good cause and is eligible for benefits."