Maryland Administrative Code

.20 Covered Employment when Service Is Not Performed Entirely within the State. A. Localized Service. A person is engaged in covered employment in the State when the person's service is localized within the State. Service is localized when it is performed: (1) Entirely within the…

.21 Successor Determinations Under §§8-613—and 8-614. A. Common ownership, management, or control exists between the successor employer and the predecessor employer when any person serves in any of the following positions in both the predecessor and successor employer: (1) Sole p…

.22 Transfer of Operations from Another State. A. The transfer of a business from another state to this State within the meaning of the Unemployment Insurance Law occurs only when an operation maintained by an employing unit in another state has been closed, discontinued, or curt…

.23 Common Paymasters. A. Definitions. (1) For the purpose of this regulation, “related corporation” means a member of a controlled group of corporations as the term is defined in the Internal Revenue Code. (2) For purposes of this regulation, an individual is considered “concurr…

.24 Deletion of Wages—Aggravated Misconduct. A. When a claimant is disqualified from receiving benefits for reasons determined to constitute aggravated misconduct under the Unemployment Insurance Law, wages from the base period employer against whom the aggravated misconduct was …

.25 Unemployment Insurance Tax Preparers. A. Definition and Scope. (1) Definition. “Unemployment insurance tax preparer” means a person who files quarterly unemployment insurance contribution reports or employment reports on behalf of employing units for compensation. (2) Scope. …

.26 Professional Employer Organizations. A. Professional Employer Organization. (1) “Professional employer organization” means an employing unit which places all or part of a client company's workers on its payroll or payrolls and, by written agreement, assigns or leases the work…

.01 Purpose. This chapter sets out the registration and reporting requirements and procedures for individuals applying for unemployment insurance benefits.

.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; or (b) In person at a …

.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 w…

.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) Ex…

.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 an…

.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 adva…

.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 withi…

.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 d…

.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 w…

.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. Verificati…

.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…

.12 Severance Pay, Dismissal Pay, or Pay instead of Notice of Termination. A. “Severance pay” is the gross amount of severance pay including severance pay that is contingent on the employee signing a release of liability or waiver agreement, dismissal pay, pay instead of notice o…

.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…

.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 des…

.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; an…

.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 fo…

.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…

.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 occurre…

.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, be…

.01 Definitions. All terms used in this regulation which are defined in the Unemployment Insurance Law shall have the same meanings as provided in that law. A. “Eligibility period” of an individual means the period of the weeks in his benefit year which begin in an extended benef…

.02 Computation of Rate of Insured Unemployment. A. National “On” and “Off” Indicators. The national “on” and “off” indicators shall be determined by the United States Secretary of Labor and upon notification by that officer concerning the existence of these indicators the Secret…

.03 Extended Benefit Period: Beginning and Ending. A. Beginning and Ending an Extended Benefit Period. (1) An extended benefit period in Maryland shall begin on the first day of the third calendar week after whichever of the following occurs first: (a) A week for which there is a…

.04 Extended Benefits To Federal Employees. This State shall pay, as agent for the Secretary of Labor, and shall be reimbursed as provided in 5 U.S.C. §8505 an amount equal to the additional cost of extended compensation paid to federal civilian workers and ex-servicemen pursuant…

.05 Combined Wage Credits and Interstate Benefits. Where regular compensation exhausted by an individual or sharable regular compensation was based on combined wage credits earned in more than one state, Maryland shall pay extended benefits when it was the liable state so long as…

.06 Terms and Conditions of State Law and Regulations. A. Applicability of State Law and Regulations. Except when the result would be inconsistent with the other provisions of the Unemployment Insurance Law or these regulations, the provisions of the Unemployment Insurance Law an…

.07 Charging and Reimbursement. A. Charging Extended Compensation. The Secretary shall charge to the experience rating account or accounts of the respective base period employer or employers the appropriate share of any extended benefits paid a claimant in the same manner as regu…

.08 Recovery Including Restitution and Offset. The provisions of Maryland law that apply to recovery of overpayments (including restitution and offset) shall apply to overpayments of extended compensation. If there is recovery of extended compensation, that proportion of the amou…

.09 Duplication. An individual who is entitled to both extended compensation under the Unemployment Insurance Law and training allowances under §203 of the Manpower Development and Training Act with respect to a week shall be treated as he would have been treated had he been enti…

.10 Partial Claims. Provisions requiring the reduction of regular benefits by specified deductible income are also applicable to benefits paid under the Extended Benefits Program.

.01 Relation to Subscribing States. This chapter shall regulate the Maryland Department of Labor in its cooperation with other states subscribing to the Interstate Reciprocal Coverage Arrangement hereinafter referred to as “the arrangements”.

.02 Definitions. A. In this chapter, unless the context clearly indicates otherwise, the following terms have the meanings indicated. B. Terms Defined. (1) “Agency” means any officer, board, commission, or other authority charged with the administration of the unemployment insura…

.03 Submission and Approval of Coverage under the Interstate Reciprocal Coverage Arrangement. A. Any employing unit may file an election, on Form RC-1, to cover under the law of a single participating jurisdiction all the services performed for him by an individual who customaril…

.04 Effective Period of Elections. A. Commencement. (1) An election duly approved under these regulations shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election as approved, specifies the beginning of a different c…

.05 Reports and Notices by the Electing Unit. A. The electing unit shall promptly notify each individual affected by its approved election, on the Form RC-2 supplied by the elected jurisdiction, and shall furnish the elected agency a copy of this notice. B. Whenever an individual…

.06 Approval of Reciprocal Coverage Elections. The Secretary or his designated representative shall approve or disapprove reciprocal coverage elections in accordance with these regulations.

.01 Scope. This chapter shall regulate the Maryland Department of Labor in its administrative cooperation with other states adopting similar regulations for the payment of benefits to interstate claimants.

.02 Definitions. A. In this chapter, unless the context clearly requires otherwise, the following terms have the meanings indicated. B. Terms Defined. (1) “Agent state” means any state in which an individual files a claim for benefits from another state. (2) “Basic Plan for Combi…

.03 Registration for Work. A. Each interstate claimant shall be registered for work, through any public employment office in the agent state when and as required by the law, regulations, and procedures of the agent state. This registration shall be accepted as meeting the registr…

.04 Benefit Rights of Interstate Claimants. A. If a claimant files a claim against any state, and it is determined by that state that the claimant has available benefit credits in that state, then claims shall be filed only against the state as long as benefit credits are availab…

.05 Claims for Benefits. A. Claims for benefits or waiting period shall be filed by interstate claimants on uniform interstate claim forms and in accordance with uniform procedures developed pursuant to the Interstate Benefit Payment Plan. Claims shall be filed in accordance with…