# Labor and Employment (GLE)

## Title 8. Unemployment Insurance

### Subtitle 10. Disqualification

#### Section 8-1001

(a)

  (1) An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the Secretary finds that unemployment results from voluntarily leaving work without good cause.

  (2) A claimant who is otherwise eligible for benefits from the loss of full-time employment may not be disqualified from the benefits attributable to the full-time employment because the claimant voluntarily quit a part-time employment, if the claimant quit the part-time employment before the loss of the full-time employment.

(b) The Secretary may find that a cause for voluntarily leaving is good cause only if:

  (1) the cause is directly attributable to, arising from, or connected with:

    (i) the conditions of employment; or

    (ii) the actions of the employing unit;

  (2) an individual:

    (i) is laid off from employment through no fault of the individual;

    (ii) obtains subsequent employment that pays weekly wages that total less than 50% of the weekly wage earned in the employment from which the individual was laid off; and

    (iii) leaves the subsequent employment to attend a training program for which the individual has been chosen that:

      (1) is offered under the Maryland Workforce Development Act; or

      (2) otherwise is approved by the Secretary; or

  (3) the cause is directly attributable to the individual or the individual's spouse, minor child, or parent being a victim of domestic violence as defined in Sec. 4-513 of the Family Law Article and the individual:

    (i) reasonably believes that the individual's continued employment would jeopardize the individual's safety or the safety of the individual's spouse, minor child, or parent; and

    (ii) provides one of the following types of documentation to the Secretary substantiating domestic violence:

      (1) an active or a recently issued temporary protective order under Sec. 4-505 of the Family Law Article, a protective order under Sec. 4-506 of the Family Law Article, or any other court order documenting the domestic violence; or

      (2) a police record documenting recent domestic violence.

(c)

  (1) A circumstance for voluntarily leaving work is valid only if it is:

    (i) a substantial cause that is directly attributable to, arising from, or connected with conditions of employment or actions of the employing unit;

    (ii) of such necessitous or compelling nature that the individual has no reasonable alternative other than leaving the employment; or

    (iii) caused by the individual leaving employment to follow a spouse if:

      (1) the spouse:

      (A) serves in the uniformed services; or

      (B) is a civilian employee of the uniformed services or of a federal agency involved in uniformed services operations; and

      (2) the spouse's employer requires a mandatory transfer to a new location.

  (2) For determination of the application of paragraph (1)(ii) of this subsection to an individual who leaves employment because of the health of the individual or another for whom the individual must care, the individual shall submit a written statement or other documentary evidence of the health problem from a hospital or physician.

(d) In addition to other circumstances for which a disqualification may be imposed, neither good cause nor a valid circumstance exists and a disqualification shall be imposed if an individual leaves employment:

  (1) to become self-employed;

  (2) to accompany a spouse to a new location or to join a spouse in a new location, unless the requirements of subsection (c)(1)(iii) of this section are met; or

  (3) to attend an educational institution.

(e) A disqualification under this section:

  (1) shall begin with the first week for which unemployment is caused by voluntarily leaving without good cause; and

  (2) subject to subsection (c) of this section, shall continue:

    (i) if a valid circumstance exists, for a total of at least 5 but not more than 10 weeks, as determined by the Secretary based on the seriousness of the circumstance; or

    (ii) if a valid circumstance does not exist, until the individual is reemployed and has earned wages for covered employment that equal at least 15 times the weekly benefit amount of the individual.

#### Section 8-1002

(a) In this section, "gross misconduct":

  (1) means conduct of an employee that:

    (i) indicates a deliberate and willful disregard of standards of behavior that an employing unit rightfully expects and that shows gross indifference to the interests of the employing unit; or

    (ii) consists of repeated violations of employment rules that prove a regular and wanton disregard of the employee's obligations; and

  (2) does not include:

    (i) aggravated misconduct, as defined under Sec. 8-1002.1 of this subtitle; or

    (ii) other misconduct, as defined under Sec. 8-1003 of this subtitle.

(b) An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if unemployment results from discharge or suspension as a disciplinary measure for behavior that the Secretary finds is gross misconduct in connection with employment.

(c) A disqualification under this section shall:

  (1) begin with the first week for which unemployment is caused by discharge or suspension for gross misconduct as determined under this section; and

  (2) continue until the individual is reemployed and has earned wages in covered employment that equal at least 25 times the weekly benefit amount of the individual.

#### Section 8-1002.1

(a)

  (1) In this section, "aggravated misconduct" means behavior committed with actual malice and deliberate disregard for the property, safety, or life of others that:

    (i) affects the employer, fellow employees, subcontractors, invitees of the employer, members of the public, or the ultimate consumer of the employer's product or services; and

    (ii) consists of either physical assault or property loss or damage so serious that the penalties of misconduct or gross misconduct are not sufficient.

  (2) In this section, "aggravated misconduct" does not include:

    (i) gross misconduct, as defined under Sec. 8-1002 of this subtitle; or

    (ii) misconduct, as defined under Sec. 8-1003 of this subtitle.

(b) An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if unemployment results from discharge or suspension as a disciplinary measure for behavior that the Secretary finds is aggravated misconduct in connection with employment.

(c) A disqualification under this section shall:

  (1) begin with the first week for which unemployment is caused by discharge or suspension for aggravated misconduct as determined under this section; and

  (2) continue until the individual is reemployed and has earned wages in covered employment that equal at least 30 times the weekly benefit amount of the individual.

#### Section 8-1003

(a) An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the Secretary finds that unemployment results from discharge or suspension as a disciplinary measure for behavior that the Secretary finds is misconduct in connection with employment but that is not:

  (1) aggravated misconduct, under Sec. 8-1002.1 of this subtitle; or

  (2) gross misconduct under Sec. 8-1002 of this subtitle.

(b) A disqualification under this section shall:

  (1) begin with the first week for which unemployment is caused by discharge or suspension for misconduct; and

  (2) continue for a total of at least 10 but not more than 15 weeks, as determined by the Secretary, based on the seriousness of the misconduct.

#### Section 8-1004

(a) Except as provided in subsection (b) of this section:

  (1) an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week for which the Secretary finds that unemployment results from a stoppage of work, other than a lockout, that exists because of a labor dispute at the premises where the individual last was employed; and

  (2) if separate branches of work that usually are conducted as separate businesses in separate premises are conducted in separate departments on the same premises, each department shall be considered a separate premises for the purposes of this subsection.

(b) A disqualification under this section does not apply to an individual who satisfies the Secretary that the individual:

  (1) is not participating in, financing, or directly interested in the labor dispute that caused the stoppage of work; and

  (2) does not belong to a class or grade of workers that, immediately before the stoppage, had any members:

    (i) employed at the premises; and

    (ii) participating in, financing, or directly interested in the labor dispute.

#### Section 8-1005

(a) Subject to subsection (d) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the Secretary finds that the individual, without good cause, failed to:

  (1) apply for work that is available and suitable when directed to do so by the Secretary;

  (2) accept suitable work when offered; or

  (3) return to the individual's usual self-employment when directed to do so by the Secretary.

(b)

  (1) In determining whether work is suitable for an individual, the Secretary shall consider:

    (i) the degree of risk involved to the health, morals, and safety of the individual;

    (ii) the experience, previous earnings, previous training, and physical fitness of the individual;

    (iii) the length of unemployment of the individual and the prospects for securing local work in the usual occupation of the individual; and

    (iv) the distance of available work from the residence of the individual.

  (2) Notwithstanding any other provisions of this title, the Secretary may not consider work to be suitable and thus deny benefits to an otherwise eligible individual for refusal to accept the new work if:

    (i) the position offered is vacant as a direct result of a strike, lockout, or other labor dispute;

    (ii) hours, wages, or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or

    (iii) as a condition of being employed, the individual would be required to join a company union or resign from or refrain from joining any bona fide labor organization.

(c) A disqualification under this section:

  (1) shall be effective beginning with the latest week in which the individual:

    (i) was to have applied for work at the direction of the Secretary;

    (ii) was notified that suitable work had become available to the individual; or

    (iii) was to return to the usual self-employment of the individual at the direction of the Secretary; and

  (2) shall continue:

    (i) for a total of at least 5 but not more than 10 weeks; or

    (ii) until the individual is reemployed and has earned wages for covered employment that equal at least 10 times the weekly benefit amount of the individual.

(d)

  (1) In this subsection, the terms "affected employee" and "work sharing employer" have the meanings stated in Sec. 8-1201 of this title.

  (2) An affected employee who refuses to apply for or accept suitable work from a person other than the work sharing employer may not be denied benefits under this section.

#### Section 8-1006

(a) Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for any week in which the Secretary finds that the individual receives or applies for benefits under federal law or the unemployment insurance law of another state.

(b) An individual is not disqualified under this section if the appropriate federal unit or unit of another state makes a final determination that the individual is not entitled to benefits under its law.

#### Section 8-1007

(a) Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week for which the Secretary finds that the individual is receiving, has received, or will receive holiday or vacation pay accumulated or earned to the credit of the individual if, on or before the date of the layoff or separation, the employing unit notifies the individual of a definite date on which the individual will return to work.

(b) Notwithstanding any other provision of this title, an individual may not be disqualified under subsection (a) of this section if the individual receives holiday or vacation pay attributable to a period that is outside the terms of an employment agreement that specifies:

  (1) scheduled holiday or vacation periods; or

  (2) employee discretion in scheduling holiday or vacation periods.

#### Section 8-1008

(a) In this section, "retirement payment":

  (1) means an amount in the form of a pension, annuity, or retirement or retired pay from a trust, annuity, profit sharing plan, insurance fund, annuity or insurance contract, or any other similar lump sum or periodic payment that is based on any previous covered employment for a base period employer under a plan maintained or contributed to by a base period employer; and

  (2) does not include a payment from a state or federal workers' compensation program.

(b)

  (1) For each week in which the Secretary finds that an individual who otherwise is eligible for benefits receives a retirement payment:

    (i) if the weekly amount of the retirement payment computed under subsection (c) of this section at least equals the individual's weekly benefit amount, the individual is disqualified from receiving benefits for that week; and

    (ii) if the weekly amount of the retirement payment computed under subsection (c) of this section is less than the individual's weekly benefit amount, the individual may receive benefits reduced by the amount of the retirement payment.

  (2) A retirement benefit in the form of a lump sum payment is not deductible from benefits for the period of eligibility if:

    (i) the employing unit pays the lump sum payment as a result of a layoff or shutdown; or

    (ii) within 30 days of receiving the lump sum payment, the claimant:

      (1) places the lump sum payment in a qualified retirement plan; and

      (2) provides proof to the Secretary that the lump sum payment has been placed in a qualified retirement plan.

  (3) In the case of payment in the form of a pension, annuity, retirement, or retired pay paid to an individual under the Social Security Act or the Railroad Retirement Act of 1974, the individual's contribution shall be taken into consideration and the weekly benefit amount shall not be reduced.

(c)

  (1) To determine the effect of a retirement payment on eligibility for benefits under subsection (b) of this section:

    (i) if an individual did not contribute to the plan that provides the retirement payment, the full retirement payment shall be considered; and

    (ii) if an individual contributed to the plan that provides the retirement payment, 50% of the retirement payment shall be considered.

  (2) To compute the weekly amount of a periodic retirement payment, it shall be prorated on a weekly basis for the period between periodic retirement payments.

  (3) To compute the weekly amount of a lump sum retirement payment, it shall be allocated to the number of weeks that follow the date of separation from employment in accordance with the number of weeks of pay that an individual received at the individual's last wage rate.

(d) Prior to distributing a retirement benefit in the form of a lump sum to any former employee, an employer shall provide written notice to the former employee of the effect of the lump sum distribution on the weekly benefit amount under this section if the employee subsequently files a claim for unemployment insurance benefits.

#### Section 8-1009

(a)

  (1) For each week that the Secretary finds an individual who otherwise is eligible for benefits receives or is eligible to receive dismissal payment or wages in lieu of notice, regardless of whether the payment is required by law:

    (i) if the payment at least equals the individual's weekly benefit amount, the individual is disqualified from receiving benefits; or

    (ii) if the payment is less than the individual's weekly benefit amount, the individual may receive benefits reduced by the amount of the payment.

  (2) Dismissal payment or wages in lieu of notice shall be allocated to a number of weeks following separation from employment that equals the number of weeks of wages received.

(b) An individual who is otherwise eligible for benefits, including benefits payable under the Unemployment Compensation for Ex-Service Members Program in accordance with 5 U.S.C. Sec. 8521 may receive benefits, and the benefits may not be reduced under subsection (a)(2) of this section, for each week that the Secretary finds that the individual receives or is eligible to receive military disability severance payments.

---

Md. Code Ann., Lab. & Empl. (as displayed at mgaleg.maryland.gov, October 16, 2026)