Voluntary Quit VQ 285 – Fact Finding Guide

Leaves of Absence

  1. Does the employer have a true (formal) leave of absence policy? (A mutual agreement that the claimant will resume working at the end of the leave.) If the policy only provides preferential recall rights, a true leave of absence does not exist and the separation is a quit.)
  2. What reason did the claimant give the employer for the desired leave?
    1. Was this the real reason for the leave?
    2. Was the reason real, substantial, and compelling?
    3. Were there other reasonable alternatives to the leave?
    4. Does the employer usually grant leaves for this reason?
  3. Is the current unemployment due to the claimant's being on a leave, failure to request a leave, or failure to return to work after the leave has expired?
    1. If the claimant is presently on a formal leave, why hasn't the claimant returned to work? (Check availability issue, also.)
    2. If the claimant failed to request a leave of absence, was the claimant aware that a leave was available?
    3. If the claimant failed to request an extension, was the claimant aware that extensions were available?
    4. If the claimant failed to request a leave or extension, would the leave have served a useful purpose, or would it have been a futile gesture?
  4. Has the claimant had any intervening employment while on the leave of absence? (If so, the "intervening employment" becomes the last employer.)
  5. Is the claimant on a mandatory leave of absence?

Last Revised: 01/19/2022