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09.32.02.00.htm 09.32.02.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 02 Claims for Benefits Authority: Labor and Employment Article, §8-101, 8-305, 8-805, 8-809, 8-902, 8-903, and 8-1004―8-1009, Annotated Code of Maryland
09.32.02.01.htm 09.32.02.01. 01 Purpose.. This chapter sets out the registration and reporting requirements and procedures for individuals applying for unemployment insurance benefits.
09.32.02.02.htm 09.32.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Appointment" means reporting:. a) By telephone, at a scheduled date and time, and at the telephone number provided by the claimant to the Secretary; orb) In person at a specific date, time, and place.. 2) "Basic weekly benefit amount" means the weekly benefit amount for a week of total unemployment excluding any allowance for dependents.
09.32.02.03.htm 09.32.02.03. 03 Claims for Total Unemployment.. A. Claims Generally. Except as otherwise provided, to file an initial or reopened claim for benefits, an individual shall report as instructed by the Secretary.B. A claimant who earns gross wages in 1 week equal to or more than the claimant's weekly benefit amount may not file subsequent continued claims for total unemployment, but shall file an initial claim in order to claim subsequent benefits.
09.32.02.04.htm 09.32.02.04. 04 Reporting Requirements.. A. Notification of Reporting Requirements. A claimant shall be notified in writing of the reporting requirements upon the filing of an initial or reopened claim and, if requested to do so, shall acknowledge the notification.B. Continued Claims.. 1) Except as otherwise provided, following an initial or reopened claim, a claimant shall file continued claims in the manner required by the Secretary.
09.32.02.04-1.htm 09.32.02.04-1. 04-1 Claimant Reemployment Assistance Services.. A. The Secretary shall establish criteria for a profiling system to identify claimants who are likely to exhaust unemployment insurance benefits and who will need reemployment assistance services to make a successful transition to new employment.B. When the Secretary determines that a claimant is likely to exhaust unemployment insurance benefits and will need reemployment assistance services to make a successful trans
09.32.02.05.htm 09.32.02.05. 05 Separation Notices.. A. The Secretary shall request on appropriate forms information pertaining to the separation of claimants from employment.B. When a claimant files a new claim, the Secretary shall request separation information from the claimant's base period employers and the claimant's other employers from the end of the base period to the filing of the claim. Each employer shall indicate on the separation no1) Reason for the claimant's separation from employment;.
09.32.02.06.htm 09.32.02.06. 06 Claims during Temporary Mass Layoff.. A. Definition. "Mass layoff" means the layoff from work of 25 or more workers in a single establishment for an expected duration of 7 days or more, at the same time, and for the same reason.B. Advance Knowledge. When the employer has advance knowledge of an expected mass layoff, the employer shall file with the Secretary a notice of the layoff 48 hours before the beginning of the layoff. This notice shall substitute for individual separ
09.32.02.07.htm 09.32.02.07. 07 Work Search Exemption.. A. Ten Week Exemption.. 1) The Secretary shall exempt only from the "actively seeking work" eligibility condition a claimant who, at the time the claimant files an initial claim, provides a definite return-to-work date to the same employer that is within 10 weeks of the last day of employment, if the:a) Return-to-work date is verified by that employer; and. b) Layoff is as a result of vacation, inventory, or any other purpose causing unemployment, except a
09.32.02.07-1.htm 09.32.02.07-1. 07-1 Qualified Individual with a Disability.. For purposes of determining whether a claimant is able to work under §8-903 of the Unemployment Insurance Law, the term "qualified individual with a disability" as used there has the same meaning as it does under the Americans With Disabilities Act, 42 U.S.C. §12111.
09.32.02.07-2.htm 09.32.02.07-2. 07-2 Temporary Help Firm Former Employees.. A. Applicability. This regulation does not apply to claimants granted work-search exemptions under Regulation .07 of this chapter.B. Definitions.. 1) In this regulation, the following terms have the meanings indicated.. 2) Terms Defined.. a) "Temporary help firm" means an entity that assigns its own employees to perform services for clients on a nonpermanent basis.
09.32.02.08.htm 09.32.02.08. 08 Claims during Labor Dispute.. A. Notice by Employer.. 1) Immediately upon notice by the union of its intent to strike or the beginning of a labor dispute, the employer shall notify the Secretary of the existence of this dispute.2) Within 48 hours after the beginning of the dispute, the employer shall file with the Secretary a list stating the:a) Name, title, email address, telephone number, and address of the employer's representative;.
09.32.02.09.htm 09.32.02.09. 09 Claims for Partial Benefits.. A. Definition. A claimant shall be eligible for partial benefits for any week in which the claimant:. 1) Performed services for wages;. 2) Earned less in gross wages than the claimant's weekly benefit amount plus any allowance for a dependent to which the claimant is entitled under the Unemployment Insurance Law; and3) Meets all of the requirements set forth in the Unemployment Insurance Law.. B. A claimant who earns gross wages in 1 week equa
09.32.02.10.htm 09.32.02.10. 10 Dependents' Allowance.. A. Time for Declaring Dependents. A claimant shall declare the claimant's dependents on the date that the claimant files a new or transitional claim for the benefit year. The time for declaration may not be extended, except for good cause.B. Verification.. 1) The claimant shall provide a Social Security number, a copy of the dependent's birth certificate, or other reliable means of proof within 30 days from the week in which the first continued claim in
09.32.02.11.htm 09.32.02.11. 11 Holiday Pay or Vacation Pay.. A. Definition. "Holiday pay" or "vacation pay" means the gross amount of holiday pay or vacation pay.B. Holiday pay or vacation pay is attributable to:. 1) The week or weeks designated by the employer or the collective bargaining agreement as the holidays or vacation days; or2) If not as designated in §B(1) of this regulation, the weeks during which it is paid.. C. Deductible Holiday Pay or Vacation Pay.. 1) Holiday pay or vacatio
09.32.02.12.htm 09.32.02.12. 12 Severance Pay, Dismissal Pay, or Pay instead of Notice of Termination.. A. Definitions.. 1) Employee Benefits Package. (a) "Employee Benefits Package" means any cash or in-kind contribution which is made by an employer to or on behalf of an employee or any dependent of an employee and which does not constitute wages paid to the employee.b) "Employee Benefits Package" includes but is not limited to an employer's contribution:.
09.32.02.13.htm 09.32.02.13. 13 Retirement Payments.. A. Definitions.. 1) "Contributory retirement plan" means a plan providing a retirement payment under which an employing unit pays or has paid some, but not all, of the premiums or contributions, and the claimant has paid some, but not all, of the premiums or contributions.2) "Lump-sum retirement payment" means the gross amount of a retirement payment that is paid in one payment. Any retirement payment paid in more than one payment is not a lump
09.32.02.14.htm 09.32.02.14. 14 Special Pay.. A. Definition. "Special pay" means the gross amount of any bonus or other special payment paid or payable to the claimant by the employer that is not holiday pay, vacation pay, severance pay, or pension pay.B. Special pay is attributable to the week or weeks designated by the employer or the collective bargaining agreement, or if not so designated, the week or weeks during which the special pay is paid.C. Deductible Special Pay. Special pay shall be de
09.32.02.15.htm 09.32.02.15. 15 Monetary Eligibility.. A. The following payments are considered wages for the purpose of determining a claimant's monetary eligibility for benefits:1) Any wage received for covered employment as defined by the Unemployment Insurance Law;. 2) Holiday pay;. 3) Vacation pay; and. 4) Special pay.. B. Payments Not Considered Wages.. 1) The following payments are not considered wages for the purpose of determining a claimant's monetary eligibility for benefits:
09.32.02.16.htm 09.32.02.16. 16 Benefit Payment.. A. Review of Claim. After an initial, reopened, or continued claim is filed, the Secretary shall review the claim and any separation information received from employers, together with any other available information to determine if the claimant is eligible for benefits for the week or weeks being claimed.B. Material Fact. A material fact is a fact that is of consequence to a decision regarding eligibility or disqualification for benefits.
09.32.02.17.htm 09.32.02.17. 17 Requirement for Earning Wages before Second Benefit Year.. A. If a claimant receives benefits during a benefit year, the claimant may not be entitled to receive benefits in a subsequent benefit year unless the claimant earned wages after the beginning of the first benefit year as a result of performing services in insured work, and the wages are equal to not less than 10 times the claimant's weekly benefit amount.B. Special pay, severance pay, vacation pay, holid
09.32.02.18.htm 09.32.02.18. 18 Week of Disqualification.. If a claimant is disqualified from receiving benefits or found ineligible for benefits under the Unemployment Insurance Law, the first week of disqualification shall be the calendar week in which the act on which the disqualification is based occurred, or the calendar week beginning with the Sunday immediately before the last day of work, whichever is later.
09.32.02.19.htm 09.32.02.19. 19 First Day of Work and Last Day of Work on Midnight Shift.. When a claimant is reemployed and the hours of work on the first shift worked begin before midnight on one day and end after midnight, the claimant's first day of work shall be the day on which the shift ends. When, before a period of unemployment, a claimant last works a shift which begins before midnight on one day and ends after midnight, the claimant's last day of work shall be the day on which the last shift ended.
09.32.02.9999.htm 09.32.02.9999. Administrative History Effective date: February 1, 1973. Regulation .03H amended effective December 15, 1978 (5:25 Md. R. 1853). Regulation .06 amended effective December 10, 1975 (2:28 Md. R. 1666) December 15, 1978 (5:25 Md. R. 1853) January 31, 1983 (10:2 Md. R. 108)Transferred from Department of Human Resources to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 07.04.02 to 24.02.02) ―Regulations .01―13, Reporting and Registration by
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