Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 32 - UNEMPLOYMENT INSURANCE
Chapter 09.32.02 - Claims for Benefits
Section 09.32.02.07 - Work Search Exemption
Universal Citation: MD Code Reg 09.32.02.07
Current through Register Vol. 51, No. 19, September 20, 2024
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 labor
dispute.
(2) Exemptions
under this section may be granted for each period of unemployment of 10 weeks
or less in 1 benefit year.
B. Eleven to Twenty-Six Week Exemption.
(1) The Secretary may exempt from only 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 11 to 26 weeks from the last day of employment, if the:
(a) Return-to-work date is verified by that
employer;
(b) Layoff is as a result
of any purpose causing unemployment other than vacation, inventory, or labor
dispute; and
(c) Employer and the
affected employees jointly request the exemption through a written request
that:
(i) Is submitted 2 weeks before the
layoff (which requirement may be waived), and
(ii) Includes the name and Social Security
number of each claimant for whom the request is made.
(2) The Secretary's determination
to grant or deny the exemption under this section shall be based on:
(a) The reason for the layoff;
(b) The length of the layoff;
(c) Local labor market conditions;
and
(d) The employer's earned-rate
record for the 3 years preceding the request.
(3) The Secretary shall grant or deny the
request for the exemption within 15 days of receipt of the request.
(4) An exemption under this section may be
granted only once during any 12-month period.
C. Exemptions granted under this regulation do not apply to any federal or State extended benefit programs.
D. Work search exemptions granted for participation in approved training are described in COMAR 09.33.01.06B.
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