IN RE: the Claim of Tawana E. McCULLOUGH (2003)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 8, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, an accounts clerk, was terminated from her position after she failed to return to work following a previously approved day off.   The Unemployment Insurance Appeal Board ruled that claimant had lost her employment under disqualifying circumstances.   We affirm.   It is well settled that an employee's failure to return to work after the expiration of an authorized leave of absence may constitute disqualifying misconduct (see Matter of Kanber [Commissioner of Labor], 288 A.D.2d 739, 732 N.Y.S.2d 747 [2001];  Matter of Nikkhah [Commissioner of Labor], 264 A.D.2d 896, 897, 697 N.Y.S.2d 353 [1999] ).   In this matter, substantial evidence in the form of the hearing testimony given by the witnesses for the employer supports the Board's finding that claimant took an unauthorized vacation day, despite warnings that such conduct would not be tolerated, rendering her guilty of disqualifying misconduct.   Claimant's exculpatory testimony presented issues of credibility for resolution by the Board (see Matter of Mahon [Commissioner of Labor], 288 A.D.2d 740, 732 N.Y.S.2d 748 [2001], lv. denied 97 N.Y.2d 612, 742 N.Y.S.2d 604, 769 N.E.2d 351 [2002] ).

ORDERED that the decision is affirmed, without costs.