§ 8-1104. Eligibility
West's Annotated Code of MarylandLabor and EmploymentEffective: April 8, 2008
Effective: April 8, 2008
MD Code, Labor and Employment, § 8-1104
§ 8-1104. Eligibility
(a) In this subsection, “suitable work” means work:
(i) the minimum wage under § 6(a)(1) of the federal Fair Labor Standards Act,1 without regard to exemptions; or
(b) To be eligible for extended benefits for a week during an eligibility period, an individual:
(4) may not have a right to unemployment allowances or benefits under the Railroad Unemployment Insurance Act2 or any other federal law that the United States Secretary of Labor specifies by regulation;
(c)(1) An individual has exhausted the regular benefits for a week of unemployment during the individual's eligibility period if:
(i) before that week, the individual has received all regular benefits and allowances for dependents and benefits payable to federal civilian employees and former servicemembers under 5 U.S.C. § 8501 et seq. that were available to the individual under this title or the unemployment insurance law of another state that has been approved by the United States Secretary of Labor under 26 U.S.C. § 3304; or
(2) An individual who otherwise has received all regular benefits shall be considered to have exhausted regular benefits under paragraph (1)(i) of this subsection even if the individual later may be determined to be entitled to additional regular benefits as a result of a pending appeal about wages that were not considered in the initial monetary determination of the individual's 1st claim for that benefit year.
(d) During the base period for which the individual has exhausted regular benefits, the total wages for covered employment shall exceed 150% of the wages for covered employment during the calendar quarter of the base period in which the individual's wages for covered employment were the highest.
(e) If an individual is disqualified from regular benefits for a specified period of weeks under § 8-1001, § 8-1003, or § 8-1005 of this title, the individual may not receive extended benefits unless:
(f)(1) An individual shall:
(2) Except as provided in paragraph (3) of this subsection, an individual is disqualified for extended benefits for any week of unemployment during the individual's eligibility period during which the individual fails to accept an offer of suitable work or apply for suitable work referred by the Secretary.
(3) If an individual provides evidence that satisfies the Secretary that the individual has good prospects for obtaining work in the individual's usual occupation within a reasonably short period, suitability of the work shall be determined in accordance with § 8-1005 rather than paragraph (1) of this subsection.
Credits
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2008, c. 36, § 6, eff. April 8, 2008.
Formerly Art. 95A, § 21.
Footnotes
Pub.L. 99-272, Apr. 7, 1986, 100 Stat. 82, codified at 29 U.S.C.A. § 201 et seq.
45 U.S.C.A. § 351 et seq.
MD Code, Labor and Employment, § 8-1104, MD LABOR & EMPLY § 8-1104
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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