Maryland Statutes
Labor and Employment
Title 8 - Unemployment Insurance

Section 8-103 - Rule of Construction; Implementation of Title 10, Subtitle 2 of State Government Article - (a) To the extent necessary to ensure that the United...

Section 8-104 - Employment Stabilization - With the advice and help of the State and local...

Section 8-105 - Limitation on Use of Information - Unless a report or other written or oral communication that...

Section 8-105.1 - Limitation on Use of Information -- Domestic Violence - (a) Except as provided in subsection (b) of this section...

Section 8-106 - Protection of Covered Employees - (a) (1) An agreement by an individual to commute, release,...

Section 8-107 - Employers With Multiple Establishments; Employment by Agents or Employees - (a) An individual who performs services for an employer that...

Section 8-108 - Electronic Transmission of Information and Documents - (a) Notwithstanding any other provision of this article governing methods...

Section 8-109 - Equal Access for Individuals -- Status Updates Provided -- External Customer Service Quality Evaluation Vendor -- Consent to System for Collection of Relevant Information -- Report on Implementation - (a) In carrying out the requirements of this title, the...

Section 8-110 - Information Provided to County Chief Elected Official -- Use of Information -- Adoption of Regulations - (a) On request and for purposes consistent with Chapter 65...

Subtitle 2 - Scope of Title

Section 8-201 - Covered Employment - (a) Employment is presumed to be covered employment if: (1)...

Section 8-201.1 - Failure to Properly Classify Employee - (a) An employer may not fail to properly classify an...

Section 8-202 - Location of Employment - (a) (1) In this section the following words have the...

Section 8-203 - Election of Coverage - (a) An employer may submit to the Secretary a written...

Section 8-204 - Part Insured and Part Uninsured Employment - (a) In this section, “pay period” means a period of...

Section 8-205 - Independent Contractors - (a) Work that an individual performs under any contract of...

Section 8-206 - Specific Exemptions From Covered Employment - (a) Work is not covered employment when performed by a...

Section 8-207 - Agricultural Labor - (a) (1) In this section the following words have the...

Section 8-208 - Charitable, Educational, and Religious Organizations - (a) Except as otherwise provided in this subtitle, employment is...

Section 8-209 - Commission Sales - (a) Work that an insurance producer performs for payment solely...

Section 8-210 - Crew Member or Officer of Vessel - (a) Except as provided in § 8-202(d)(2) of this subtitle,...

Section 8-211 - Domestic Employment - Domestic employment in a private home, local college club, or...

Section 8-212 - Employment for Government - (a) Employment is not covered employment if the employment is...

Section 8-213 - Employment Subject to Federal Statutes - (a) (1) Employment is not covered employment if performed: (i)...

Section 8-214 - Employment Outside Course of Business or Trade of Employer - Employment that an individual performs that is not in the...

Section 8-215 - Family Relationship - Employment is not covered employment if performed: (1) for a...

Section 8-216 - Rehabilitation Facilities - (a) Except as provided in subsection (b) of this section,...

Section 8-217 - Inmates - (a) Employment that an inmate of a custodial or penal...

Section 8-218 - Interns, Patients, and Student Nurses - (a) Employment that an intern performs is not covered employment...

Section 8-219 - Newspaper Delivery - Employment that a minor performs in the delivery or distribution...

Section 8-220 - Students - (a) (1) In this subsection, “full-time student” means an individual...

Section 8-221 - Work Relief or Work Training Program - Employment is not covered employment if performed: (1) as part...

Section 8-222 - Volunteer Test Subjects - Except employment for nonprofit organizations and governmental entities, employment is...

Section 8-223 - Employment Performed by Nonimmigrant Alien - Employment is not covered employment if performed by an individual...

Subtitle 3 - Administration

Section 8-301 - In General - This title shall be administered under the supervision of the...

Section 8-302 - Division of Unemployment Insurance - (a) There is a Division of Unemployment Insurance. (b) The...

Section 8-303 - Division of Workforce Development - (a) (1) “Public employment office” means an employment office that...

Section 8-304 - Delegation by Secretary - The Secretary may delegate to an employee of the Department...

Section 8-305 - General Powers and Duties of Secretary - (a) The Secretary may adopt any regulation that is necessary...

Section 8-306 - Investigation and Enforcement Powers - (a) To enforce this title, the Secretary may conduct investigations....

Section 8-307 - Legal Representation - (a) In a civil action to enforce this title, the...

Section 8-308 - State Advisory Council - (a) With the approval of the Governor, the Secretary shall...

Section 8-309 - Local Advisory Councils - (a) The Secretary shall appoint local advisory councils. (b) Each...

Section 8-310 - Cooperation With Federal Units - (a) (1) In the administration of this title, the Secretary...

Section 8-311 - Annual Report - (a) On or before January 1 of each year, the...

Section 8-311.1 - Monthly Report Posted on Administration of Title -- Items Included -- Weekly Reports - (a) On or before the first day of each month,...

Section 8-311.2 - Calculation of Disaster Existence -- Monitoring -- Disaster Reporting Requirements -- Disaster Report to Legislative Bodies -- Oversee Compliance - (a) For the purposes of this section, a disaster exists...

Section 8-312 - Unemployment Insurance Fund - (a) (1) The balance sheet for the Unemployment Insurance Fund...

Subtitle 4 - Funds

Part I - Unemployment Insurance Fund

Section 8-401 - Established - There is an Unemployment Insurance Fund.

Section 8-402 - Administration - (a) The Secretary shall administer the Unemployment Insurance Fund. (b)...

Section 8-403 - Composition and Use - (a) The Unemployment Insurance Fund shall consist of: (1) contributions;...

Section 8-404 - General Operation of Unemployment Insurance Fund - (a) (1) The State Treasurer is custodian of the Unemployment...

Section 8-405 - Procedures for Withdrawals From Trust Fund Account - (a) (1) The Secretary shall requisition money that is credited...

Section 8-406 - Checks for Benefits and Refunds - A check that the State Treasurer issues to pay benefits...

Section 8-407 - Federal Advances - (a) In accordance with and to obtain the advantages under...

Section 8-408 - Discontinuance of Unemployment Trust Fund - (a) The provisions of this Part I of this subtitle...

Section 8-409 - Limitation on Claims of Employers and Employees - This title does not grant an employer or employee any...

Part II - Unemployment Insurance Administration Fund

Section 8-412 - Established - There is an Unemployment Insurance Administration Fund in the State...

Section 8-413 - Administration - (a) The Secretary shall administer the Unemployment Insurance Administration Fund....

Section 8-414 - Composition; Use - (a) The Unemployment Insurance Administration Fund shall consist of: (1)...

Section 8-415 - General Operation of Unemployment Insurance Administration Fund - (a) The State Treasurer is custodian of the Unemployment Insurance...

Section 8-416 - Reimbursement - (a) If the United States Secretary of Labor finds that...

Part III - Special Administrative Expense Fund

Section 8-419 - Established - There is a Special Administrative Expense Fund in the State...

Section 8-420 - Administration - (a) The Secretary shall administer the Special Administrative Expense Fund....

Section 8-421 - Composition and Use - (a) The Special Administrative Expense Fund shall consist of money...

Section 8-422 - Operation of Special Administrative Expense Fund - (a) The State Treasurer is custodian of the Special Administrative...

Subtitle 5 - Lower Appeals Division of the Maryland Department of Labor

Section 8-501 - Established - There is a Lower Appeals Division in the Department.

Section 8-502 - Appointment of Chief Hearing Examiner and Hearing Examiners - (a) (1) The Secretary shall appoint a chief hearing examiner...

Section 8-503 - Jurisdiction - The Lower Appeals Division shall hear and decide appeals from:...

Section 8-504 - Regulations - The Secretary, with the advice of the chief hearing examiner,...

Section 8-505 - Enforcement of Subtitle - (a) To enforce this subtitle, a hearing examiner may: (1)...

Section 8-506 - Conduct of Hearings - (a) (1) A hearing examiner shall conduct a hearing or...

Section 8-507 - Representation of Parties - (a) In a proceeding before a hearing examiner, a claimant...

Section 8-508 - Review by Hearing Examiner of Determination of Claims - (a) (1) An individual who files a claim for benefits...

Subtitle 5A - Board of Appeals of Maryland Department of Labor

Section 8-5A-01 - Established - There is a Board of Appeals in the Department.

Section 8-5A-02 - Membership - (a) (1) The Board of Appeals consists of a chairman...

Section 8-5A-03 - Quorum; Compensation; Staff - (a) Two members of the Board of Appeals shall constitute...

Section 8-5A-04 - Jurisdiction - The Board shall hear and decide appeals from the decisions...

Section 8-5A-05 - Regulations - (a) Except as provided in subsection (b) of this section,...

Section 8-5A-06 - Authority of Board of Appeals as to Oaths, Subpoenas, and Testimony - (a) To enforce this title, a member of the Board...

Section 8-5A-07 - Conduct of Hearings - (a) (1) A special examiner and the Board of Appeals...

Section 8-5A-08 - Representation of Parties - (a) In a proceeding before a special examiner or the...

Section 8-5A-09 - Referral of Claims to Board of Appeals - (a) The Secretary shall refer a claim for benefits to...

Section 8-5A-10 - Review by Board of Appeals - (a) (1) In a case involving a determination or a...

Section 8-5A-11 - Finality of Decision - A decision of the Board of Appeals is final after...

Section 8-5A-12 - Judicial Review - (a) (1) A final decision of the Board of Appeals...

Subtitle 6 - Contributions

Part I - Definitions; General Provisions

Section 8-601 - Definitions - (a) In this subtitle the following words have the meanings...

Section 8-602 - Determination of Liability - (a) On the Secretary’s own initiative or on application of...

Section 8-603 - Information for Employees - (a) Each employer shall keep posted in places readily accessible...

Section 8-604 - Request for Review Determination by Employer - (a) In this section, “employer” includes any employer, employing unit,...

Section 8-605 - Appeal of Review Determination Decision - (a) (1) An employer may appeal a review determination decision...

Part II - Contributions

Section 8-606 - Definitions - (a) In this Part II of this subtitle the following...

Section 8-607 - Duty to Pay Contributions - (a) Except as provided in Part III of this subtitle,...

Section 8-607.1 - State Collection of Federal Unemployment Insurance Tax - The Secretary shall: (1) for any calendar year in which...

Section 8-607.2 - Temporary Deferring of Payment of Quarterly Contributions - Payment Date Established - // EFFECTIVE UNTIL JUNE 30, 2023 PER CHAPTERS 47 AND...

Section 8-608 - Standard Rate of Contribution - (a) In this subtitle, “standard rate” means the maximum rate...

Section 8-609 - Rate for New Employing Units - (a) (1) In this section the following terms have the...

Section 8-610 - Rate for Employing Unit With Experience - (a) (1) An employing unit that meets the qualifications of...

Section 8-610.1 - Contribution for Failure to Properly Classify Employee - An employing unit that has knowingly failed to properly classify...

Section 8-611 - Earned Rating Record - (a) For each employing unit, the Secretary shall keep an...

Section 8-612 - Computation of Earned Rate - (a) (1) Subject to paragraph (2) of this subsection, on...

Section 8-613 - Contribution Rate on Reorganization or Transfer of Business - (a) (1) In this section the following terms have the...

Section 8-614 - Transfers for Purpose of Lowering Contribution Rates Prohibited - (a) (1) In this section the following terms have the...

Part III - Reimbursement Payments

Section 8-616 - Election Permitted - (a) A nonprofit organization or a governmental entity that has...

Section 8-617 - Time for Filing, Duration, and Termination of Election - (a) (1) A nonprofit organization may make an election that...

Section 8-618 - Required Security for Nonprofit Organizations - (a) This section applies to each nonprofit organization that makes...

Section 8-619 - Group Accounts - (a) (1) Two or more employing units that have made...

Section 8-620 - Manner for Billing and Making Payments - (a) (1) Reimbursement payments shall be made in accordance with...

Section 8-621 - Review of Bill - A bill from the Secretary under § 8–620 of this...

Section 8-622 - Power to Terminate Elections - (a) (1) If a nonprofit organization fails to file a...

Part IV - Enforcement and Collection

Section 8-625 - Employment Records - (a) Each employer shall keep employment records that are accurate...

Section 8-626 - Contribution and Employment Reports - (a) For each calendar quarter, each employing unit shall submit...

Section 8-626.1 - Social Security, Unemployment Insurance, and Date of Employment Reports - (a) In this section, “date of employment” means the date...

Section 8-627 - Separation Notices - (a) (1) Except as provided in subsections (b) and (c)...

Section 8-628 - Accrual Interest - (a) Except as provided in § 8–201.1 of this title,...

Section 8-629 - Collection by Assessment - (a) If an employing unit fails to submit a contribution...

Section 8-630 - Collection by Suit - (a) If, after assessment, an employing unit fails to pay...

Section 8-631 - Disposition of Interest and Penalties Collected - The Secretary shall pay any interest and penalties collected under...

Section 8-632 - Injunction Against Doing Business - (a) If an assessment has become final under § 8-629...

Section 8-633 - Action Against Purchaser of Business - (a) A person who acquires the business, organization, trade, or...

Section 8-634 - Priorities Under Dissolution or Distribution - (a) If the assets of an employing unit are distributed...

Section 8-635 - Settlement - If the Secretary determines that the best interests of the...

Part V - Adjustments and Refunds

Section 8-638 - Overpayment - (a) An employer that has paid to the Secretary, wholly...

Section 8-639 - Refund After Judicial Review - If a final judgment is rendered in favor of an...

Section 8-640 - Loss of Federal Certification - In any year in which this title is not certified...

Subtitle 7 - Reciprocal Arrangements

Section 8-701 - Arrangements to Cover Employment for Single Employing Unit - (a) Subject to subsections (b) and (c) of this section,...

Section 8-702 - Law Applicable to Payment of Benefits - Benefits paid in accordance with an arrangement entered into under...

Section 8-703 - Arrangements to Combine Wage Credits From Different Employments - The Secretary shall participate in an arrangement for payment of...

Section 8-704 - Cooperation Among Agencies - (a) The General Assembly finds that cooperation among this State,...

Section 8-705 - Arrangements and Cooperation With Foreign Governments - To the extent permissible under federal law, the Secretary may...

Subtitle 8 - Administration of Claims

Section 8-801 - Unemployment Status - (a) To be eligible for benefits, an individual who files...

Section 8-802 - Wages for Covered Employment - An individual is eligible for benefits if, during the base...

Section 8-803 - Weekly Benefit Amount - (a) (1) To determine the weekly benefit amount to assign...

Section 8-803.1 - Wages Paid to Institutional Inmate - For purposes of determining the weekly benefit amount in any...

Section 8-804 - Allowance for Dependents - (a) (1) Subject to subsection (b) of this section, in...

Section 8-805 - Claims for Benefits - (a) To apply for benefits an individual shall file a...

Section 8-806 - Determination of Claims - (a) (1) Except as provided in subsection (b) of this...

Section 8-807 - Child Support Obligations - (a) If a claimant who is eligible for benefits discloses...

Section 8-808 - Payment of Benefits - (a) (1) Notwithstanding any provision of §§ 8-805 and 8-806...

Section 8-808.1 - Deduction or Withholding of Benefits - Alimony or spousal support payments may only be deducted or...

Section 8-809 - Recovery of Benefits - (a) The Secretary may recover benefits paid to a claimant...

Section 8-810 - Withholding of Federal and State Income Tax - (a) An individual filing a new claim for unemployment insurance...

Section 8-811 - Establishing and Collecting Child Support Obligations; Agent; Inspection of Claim Information - (a) In this section, “claim information” means information regarding: (1)...

Section 8-812 - Eligibility for Additional Training Benefits - (a) (1) In this section the following words have the...

Subtitle 9 - Eligibility for Benefits

Section 8-901 - In General - An individual who files a claim in accordance with regulations...

Section 8-902 - Registering and Reporting for Work - (a) To be eligible for benefits, an individual shall enroll...

Section 8-903 - Ability to Work, Availability for Work, and Actively Seeking Work - (a) (1) Except as otherwise provided in this section, to...

Section 8-904 - Plant or Business Operation Closings - (a) When an employer closes its entire plant, business operation,...

Section 8-905 - Aliens - (a) An alien is not eligible for benefits unless at...

Section 8-906 - Military Reservists - (a) An individual who otherwise is unemployed may not be...

Section 8-907 - Jury Duty - An individual may not be denied benefits for any week...

Section 8-908 - Athletic Seasons -- Between Season Denials - An individual is not eligible for benefits for any week...

Section 8-909 - Employees of Governmental Entities or Charitable, Educational or Religious Organizations - (a) Subject to the provisions of this section, benefits based...

Section 8-910 - Subsequent Benefit Year - Except as provided in Subtitle 11 of this title, an...

Subtitle 10 - Disqualification

Section 8-1001 - Voluntarily Leaving Work - (a) (1) An individual who otherwise is eligible to receive...

Section 8-1002 - Gross Misconduct - (a) In this section, “gross misconduct”: (1) means conduct of...

Section 8-1002.1 - Aggravated Misconduct - (a) (1) In this section, “aggravated misconduct” means behavior committed...

Section 8-1003 - Misconduct - (a) An individual who otherwise is eligible to receive benefits...

Section 8-1004 - Stoppage of Work Caused by Labor Dispute - (a) Except as provided in subsection (b) of this section:...

Section 8-1005 - Failure to Apply for or Accept Suitable Work - (a) Subject to subsection (d) of this section, an individual...

Section 8-1006 - Other Unemployment Insurance Benefits - (a) Except as provided in subsection (b) of this section,...

Section 8-1007 - Holiday or Vacation Pay - (a) Except as provided in subsection (b) of this section,...

Section 8-1008 - Retirement Payments - (a) In this section, “retirement payment”: (1) means an amount...

Section 8-1009 - Severance Pay - (a) (1) For each week that the Secretary finds an...

Subtitle 11 - Extended Benefits

Section 8-1101 - Definitions - (a) In this subtitle the following words have the meanings...

Section 8-1102 - Applicability of Other Provisions - Unless the result would be inconsistent with another provision of...

Section 8-1103 - Extended Benefit Period - (a) An extended benefit period is a period that: (1)...

Section 8-1104 - Eligibility - (a) In this subsection, “suitable work” means work: (1) that...

Section 8-1105 - Computation of Extended Benefits - (a) The weekly amount of extended benefits payable for a...

Section 8-1106 - Effect on Employing Unit - Notwithstanding any other provision of this title, as to extended...

Section 8-1107 - Interstate Claim for Extended Benefits - (a) Except as provided in subsection (b) of this section,...

Section 8-1108 - Disqualification - (a) An individual is disqualified for extended benefits if the...

Subtitle 12 - Work Sharing

Section 8-1201 - Definitions - (a) In this subtitle the following words have the meanings...

Section 8-1202 - Statement of Purpose - (a) The work sharing unemployment insurance program seeks to: (1)...

Section 8-1203 - Procedure for Approval - (a) An employing unit or employer association that wishes to...

Section 8-1204 - Requirements for Approval - (a) Except as provided in subsection (b) of this section,...

Section 8-1205 - Modifications to Work Sharing Plan - (a) An approved work sharing plan may be modified if...

Section 8-1206 - Eligibility for Benefits - (a) An affected employee is eligible under § 8–1207 of...

Section 8-1207 - Determination of Work Sharing Benefits - (a) Work sharing benefits shall be determined in accordance with...

Section 8-1208 - Revocation of Approval of Work Sharing Plan - (a) The Secretary may revoke approval of an approved work...

Section 8-1209 - Applicability of Extended Benefits - An affected employee who has received all of the work...

Section 8-1201.1 - The Department shall ensure that the work sharing unemployment insurance...

Subtitle 13 - Prohibited Acts; Penalties

Section 8-1301 - Fraudulently Obtaining or Increasing Benefit - A person, for that person or another, may not knowingly...

Section 8-1302 - Miscellaneous Acts of Employers - An employer, its officer or agent, or another person may...

Section 8-1303 - Deduction of Wages and Waiver of Rights - An employing unit, directly or indirectly, may not: (1) accept,...

Section 8-1304 - Failure or Refusal to Obey Subpoena - A person may not, without just cause, fail or refuse...

Section 8-1305 - Penalties - (a) Unless another penalty is provided by statute, a person...

Section 8-1306 - Limitations on Prosecutions Under 8-1301, 8-1302 or 8-1305(a) - A prosecution under § 8-1301, § 8-1302, or § 8-1305(a)...

Subtitle 14 - Short Title

Section 8-1401 - Short Title - This title may be cited as the “Maryland Unemployment Insurance...

Subtitle 15 - Additional Benefits for Former Servicemembers

Section 8-1501 - Definitions - (a) In this subtitle the following terms have the meanings...

Section 8-1502 - Applicability of Other Provisions - Unless the result would be inconsistent with this subtitle, the...

Section 8-1503 - Eligibility Period; Conditions for Eligibility - (a) The eligibility period of a former servicemember consists of:...

Section 8-1504 - Amount of Benefits; Termination of Eligibility - (a) Except as provided in subsection (b) of this section,...

Section 8-1505 - Training Programs - A former servicemember who otherwise is eligible for additional benefits...

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Maryland Statutes Labor and Employment Title 8 - Unemployment Insurance

Maryland Statutes
Labor and Employment
Title 8 - Unemployment Insurance