Can I win a PA UC appeal for absences due to documented flu with positive test results?

Yes, you absolutely can win this appeal! I was in a similar situation last year. The key is properly documenting that your absences were due to a legitimate illness outside your control - not willful misconduct. Bring ALL your medical documentation to the hearing: doctor's notes, test results, pharmacy receipts for any medications, and any communication with your employer about your illness. PA UC generally recognizes documented medical absences as valid reasons, especially if you followed your employer's call-off procedures. Did you properly report your absences according to company policy?

u probably wanna check ur employee handbook too. most places have seperate policies for medical vs regular absences. like my job gives you 8 points for random calloffs but medical stuff with docs notes doesnt count toward that total. if ur company has something like that in writing DEFINITELY bring it to the hearing!!!!

I've helped several people prepare for UC appeals, and documented medical absences are one of the stronger cases you can have. The term "willful misconduct" is key here - PA law requires that misconduct be deliberate or intentional violations of employer rules. Being genuinely ill with documentation is not willful. Make sure you bring at least 3 copies of all documentation (one for you, one for the referee, one for the employer representative). Also, prepare a clear timeline of events: when you became ill, when you notified your employer, when you sought medical care, when you provided documentation, etc. Be ready to explain your company's absence policy and how you believe you complied with it despite your illness. The referee will want very specific details.

That's an important detail about the final warning. The referee will consider your entire attendance history. However, you should emphasize that the FINAL absences that actually triggered termination were documented medical issues with proof. While previous undocumented absences may count against you, many referees will still rule in your favor if the actual termination event was for a documented illness - especially something as clearly verifiable as flu with positive test results. Make sure to be completely honest about your attendance history if asked, but focus your case on the fact that the specific absences that led to termination were medically necessary and documented.

HEADS UP - I LOST this exact type of case last year because I couldn't prove I followed the NOTIFICATION procedures!!! Even though I had doctors notes, I didn't call in through the right channel (used email instead of their stupid app) and the referee said I violated company policy on HOW to report absences, not just for being absent. They're super technical on this stuff! Triple check you followed EXACTLY how you're supposed to notify them when you're sick. That's what they got me on, not the actual absence itself.

I had to fight PA UC for 3 MONTHS over absences before finally getting someone on the phone who fixed my claim. I kept getting disconnected or stuck on hold for hours whenever I called the PA UC number. Eventually I found this service called Claimyr (claimyr.com) that got me connected to a real UC agent in about 20 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. After finally talking to someone, they reviewed my medical documentation and reversed the decision without even needing a formal appeal hearing. Might be worth trying if you want to talk to someone before your hearing to see if they can give you specific advice on your documentation.

Why is everyone acting like this is a slam dunk case? PA UC is EXTREMELY strict about attendance issues. I had perfect documentation for my medical absence and still lost my appeal because I had previous attendance issues. If you're on a final warning already, they might rule that your pattern of absences constitutes willful misconduct regardless of the reason for the final absence. The system is rigged against workers. Don't get your hopes up.

Update: I found my employee handbook and it specifically states that "absences with medical documentation must still be reported according to standard call-off procedures but will be coded as 'excused' rather than counting toward the attendance point system." This seems like exactly what I need! My previous warning was for unexcused absences hitting 6 points, but these flu absences should have been coded as excused according to their own policy. I'm feeling much more confident now. Thank you everyone for the advice!

my friend just had her hearing last week for almost the same thing! the referee asked her a bunch of questions about if she knew the attendance policy and if she'd been warned before. make sure u practice answering those kinda questions before you go in!!!

ya she won! took like 3 weeks to get the decision letter but they ruled in her favor and she got all her backpay at once. she said the hearing was only like 20 mins too.

Based on everything you've shared, especially finding that policy in your handbook about excused medical absences, I think you have a strong case. Make sure to address these key points at your hearing: 1. Present your medical documentation and positive flu test 2. Show evidence that you followed the proper call-off procedures 3. Highlight the handbook policy that medical absences should be coded differently 4. Calmly explain the timeline of events 5. Bring evidence of any communication with your employer about your illness Stay focused on the facts and don't let emotions take over, even if the employer representative says things you disagree with. The referee is looking at whether your final absences meet the legal definition of willful misconduct, and documented illness with proper notification generally does not. Good luck, and please update us after your hearing!