I missed 3 days during my probation. Would this be considered "misconduct" by MD law and therefore, prevent me from qualifying for unemployment insurance?

by disappointed psych RN
(Frederick, MD)

I had three absences within my first three months of work, and was therefore terminated. My employer said that the hospital where I work can terminate a person for three or more absences within the first three months of employment. My first absence was due to the flu for one day. The second was to take my very suicidal daughter to the hospital unexpectedly, for which I missed a four hour shift. And the third was because I threw my back out. I have doctors notes for absences two and three. So does this meet the definition of misconduct in the state of Maryland? My work was excellent. I believe this was due to a personality conflict with my manager, or some other political issue. By the way, I work in a psychiatric unit as an RN - I asked if an exception could be made regarding my adopted daughters' issues which resulted from severe trauma during childhood. She said she couldn't make an exception, which I do not believe is true. Amazing that the manager of a psychiatric unit can't make an exception under these circumstances. The director of the unit was present. I felt she was trying to give the manager an out to make the exception, but then bowed to the managers decision. Thanks for your help.


Hi Disappointed,

Well, I have serious doubt that the final incident of absenteeism would be disqualifying.

Just make sure you have your Dr. excuses ready and offer to provide them to the department.

It was a discharge therefore, the employer must sustain the burden that throwing your back out and having to care for a "suicidal daughter" both with Dr. notes is misconduct.

The underlying reasons you "think" caused the decision are irrelevant at this point because an employer is not required to take into consideration whether the reason for absences, unless you might be eligible for FMLA or some other employee right that protects a job.

Maryland also has a unemployment decision digest which helps explain how they deny and allow unemployment in Maryland.