Espina v. Bd. of Review, 402 N.J. Super. 87 (App Div. 2008)

Pursuant to N.J.A.C. 12:17-9.11(b), an employee, absent good cause, is disqualified for unemployment benefits and considered to have voluntarily abandoned employment upon leaving her job for five or more consecutive work days. In Espina v. Bd. of Review, 402 N.J. Super. 87 (App Div. 2008), the New Jersey Appellate Division held that an employee who fails to return to work even after extended employer-authorized absence cannot be deemed to have abandoned her or his employment until the expiration of five consecutive days following the last day of the approved leave of absence.