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§ 8-903. Ability to work and availability for work

West's Annotated Code of MarylandLabor and EmploymentEffective: July 1, 2024

West's Annotated Code of Maryland
Labor and Employment
Title 8. Unemployment Insurance (Refs & Annos)
Subtitle 9. Eligibility for Benefits (Refs & Annos)
Effective: July 1, 2024
MD Code, Labor and Employment, § 8-903
§ 8-903. Ability to work and availability for work
Currentness
<Section effective until occurrence of contingency specified in Acts 2019, c. 1, § 4; Acts 2019, c. 2, § 4. See, also, section 8-903 effective upon occurrence of contingency specified in Acts 2019, c. 1, § 4; Acts 2019, c. 2, § 4.>
In general
(a)(1) Except as otherwise provided in this section, to be eligible for benefits an individual shall be:
(i) able to work;
(ii) available for work; and
(iii) actively seeking work.
(2) In determining whether an individual actively is seeking work, the Secretary shall consider:
(i) whether the individual has made an effort that is reasonable and that would be expected of an unemployed individual who honestly is looking for work; and
(ii) the extent of the effort in relation to the labor market conditions in the area in which the individual is seeking work.
(3) A part-time worker may not be determined to be ineligible for the receipt of benefits for a week in which the part-time worker is available for and seeking only part-time work if the part-time worker:
(i) is actively seeking part-time work; and
(ii) is in a labor market in which a reasonable demand exists for part-time work.
(4) For the purposes of paragraph (3) of this subsection, an individual is seeking only part-time work if the individual is able to work:
(i) hours that are comparable to the individual's work at the time of the most recent separation from part-time employment; and
(ii) at least 20 hours per week.
Disability
(b) The Secretary may not use the disability of a qualified individual with a disability as a factor in finding that an individual is not able to work, available for work, or actively seeking work under subsection (a)(1) or (3) of this section.
Approved training
(c) Notwithstanding any other provision of this section or § 8-904 or § 8-907(a) of this subtitle, an individual who otherwise is eligible to receive benefits and who is in training with the approval of the Secretary may not be denied benefits:
(1) for failure to meet the requirements of subsection (a)(1)(ii) and (iii) of this section to be available for work and actively seeking work; or
(2) for failure to apply for or refusal to accept suitable work under § 8-1005 of this title.
Exemption for those temporarily laid off from work for a specific reason
(d) Notwithstanding any other provision of this title, the Secretary may exempt an individual from the work search requirement under subsection (a)(1)(iii) of this section if the individual:
(1) is temporarily laid off from work as a direct result of the event or occurrence that led to the Governor declaring a state of emergency via Executive Order 01.01.2024.09; and
(2) remains able to work and available for work in accordance with this section and work-attached.
Furlough due to government shutdown
(e)(1) Notwithstanding any other provision of this title, the Secretary may exempt a civilian employee of the federal government from the work search requirement under subsection (a)(1)(iii) of this section during a period in which the civilian employee is furloughed due to a full or partial federal government shutdown caused by a lapse in federal appropriations if, during the furlough, the civilian employee remains able to work and available for work in accordance with this section and work-attached.
(2) For the purposes of this subsection, a civilian employee of the federal government is furloughed if, during a full or partial federal government shutdown caused by a lapse in federal appropriations, the employee is:
(i) temporarily barred from working; and
(ii) placed in a temporary nonpay status.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1993, c. 131; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2009, c. 5, § 2, eff. April 14, 2009; Acts 2009, c. 6, § 2, eff. April 14, 2009; Acts 2010, c. 2, § 2, eff. March 1, 2011; Acts 2010, c. 72, § 5, eff. April 13, 2010; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2024, c. 2, § 1, eff. April 9, 2024; Acts 2024, c. 3, § 1, eff. April 9, 2024; Acts 2024, c. 102, § 1, eff. July 1, 2024; Acts 2024, c. 103, § 1, eff. July 1, 2024.
Formerly Art. 95A, § 4.
MD Code, Labor and Employment, § 8-903, MD LABOR & EMPLY § 8-903
Current through legislation effective through July 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document