Matter of Mead v. Commissioner of Labor, ___A.D.3d___(3d Dep't. Nov. 21, 2016) is an interesting case. The case holds that an individual who is excessively absent can be disqualified for unemployment, reasoning:
Excessive absenteeism, which continues despite repeated warnings, has been held to constitute misconduct disqualifying a claimant from receiving unemployment insurance benefits (see Matter of Berkeley [Commissioner of Labor], 94 AD3d 1328, 1328-1329 [2012]; Matter of Seabrook [Commissioner of Labor], 45 AD3d 1165, 1165-1166 [2007]). Here, it is undisputed that claimant was continually absent from work even after she was warned that further absences would result in disciplinary action, including discharge. Although claimant [*2]maintains that she did not realize that the last warning was her final one, this does not excuse her behavior under the circumstances presented.
I believe there is also case law finding no misconduct, for unemployment purposes, when a person is excessively absent through no fault of his own, ie because of medical issues.
Mitchell H. Rubinstein