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<subtitle article="gle" title_number="8" subtitle_number="10" title_name="Unemployment Insurance" subtitle_name="Disqualification">
  <section article="gle" article_name="Labor and Employment" number="8-1001" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="b">
      <text>The Secretary may find that a cause for voluntarily leaving is good cause only if:</text>
      <level label="1">
        <text>the cause is directly attributable to, arising from, or connected with:</text>
        <level label="i">
          <text>the conditions of employment; or</text>
        </level>
        <level label="ii">
          <text>the actions of the employing unit;</text>
        </level>
      </level>
      <level label="2">
        <text>an individual:</text>
        <level label="i">
          <text>is laid off from employment through no fault of the individual;</text>
        </level>
        <level label="ii">
          <text>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</text>
        </level>
        <level label="iii">
          <text>leaves the subsequent employment to attend a training program for which the individual has been chosen that:</text>
          <level label="1">
            <text>is offered under the Maryland Workforce Development Act; or</text>
          </level>
          <level label="2">
            <text>otherwise is approved by the Secretary; or</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>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 § 4–513 of the Family Law Article and the individual:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>provides one of the following types of documentation to the Secretary substantiating domestic violence:</text>
          <level label="1">
            <text>an active or a recently issued temporary protective order under § 4–505 of the Family Law Article, a protective order under § 4–506 of the Family Law Article, or any other court order documenting the domestic violence; or</text>
          </level>
          <level label="2">
            <text>a police record documenting recent domestic violence.</text>
          </level>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>A circumstance for voluntarily leaving work is valid only if it is:</text>
        <level label="i">
          <text>a substantial cause that is directly attributable to, arising from, or connected with conditions of employment or actions of the employing unit;</text>
        </level>
        <level label="ii">
          <text>of such necessitous or compelling nature that the individual has no reasonable alternative other than leaving the employment; or</text>
        </level>
        <level label="iii">
          <text>caused by the individual leaving employment to follow a spouse if:</text>
          <level label="1">
            <text>the spouse:</text>
          </level>
          <level label="A">
            <text>serves in the uniformed services; or</text>
          </level>
          <level label="B">
            <text>is a civilian employee of the uniformed services or of a federal agency involved in uniformed services operations; and</text>
          </level>
          <level label="2">
            <text>the spouse’s employer requires a mandatory transfer to a new location.</text>
          </level>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="d">
      <text>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:</text>
      <level label="1">
        <text>to become self–employed;</text>
      </level>
      <level label="2">
        <text>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</text>
      </level>
      <level label="3">
        <text>to attend an educational institution.</text>
      </level>
    </level>
    <level label="e">
      <text>A disqualification under this section:</text>
      <level label="1">
        <text>shall begin with the first week for which unemployment is caused by voluntarily leaving without good cause; and</text>
      </level>
      <level label="2">
        <text>subject to subsection (c) of this section, shall continue:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1002" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <text>In this section, “gross misconduct”:</text>
      <level label="1">
        <text>means conduct of an employee that:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>consists of repeated violations of employment rules that prove a regular and wanton disregard of the employee’s obligations; and</text>
        </level>
      </level>
      <level label="2">
        <text>does not include:</text>
        <level label="i">
          <text>aggravated misconduct, as defined under § 8–1002.1 of this subtitle; or</text>
        </level>
        <level label="ii">
          <text>other misconduct, as defined under § 8–1003 of this subtitle.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>A disqualification under this section shall:</text>
      <level label="1">
        <text>begin with the first week for which unemployment is caused by discharge or suspension for gross misconduct as determined under this section; and</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1002.1" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <level label="1">
        <text>In this section, “aggravated misconduct” means behavior committed with actual malice and deliberate disregard for the property, safety, or life of others that:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>consists of either physical assault or property loss or damage so serious that the penalties of misconduct or gross misconduct are not sufficient.</text>
        </level>
      </level>
      <level label="2">
        <text>In this section, “aggravated misconduct” does not include:</text>
        <level label="i">
          <text>gross misconduct, as defined under § 8-1002 of this subtitle; or</text>
        </level>
        <level label="ii">
          <text>misconduct, as defined under § 8-1003 of this subtitle.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>A disqualification under this section shall:</text>
      <level label="1">
        <text>begin with the first week for which unemployment is caused by discharge or suspension for aggravated misconduct as determined under this section; and</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1003" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <text>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:</text>
      <level label="1">
        <text>aggravated misconduct, under § 8–1002.1 of this subtitle; or</text>
      </level>
      <level label="2">
        <text>gross misconduct under § 8–1002 of this subtitle.</text>
      </level>
    </level>
    <level label="b">
      <text>A disqualification under this section shall:</text>
      <level label="1">
        <text>begin with the first week for which unemployment is caused by discharge or suspension for misconduct; and</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1004" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <text>Except as provided in subsection (b) of this section:</text>
      <level label="1">
        <text>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</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="b">
      <text>A disqualification under this section does not apply to an individual who satisfies the Secretary that the individual:</text>
      <level label="1">
        <text>is not participating in, financing, or directly interested in the labor dispute that caused the stoppage of work; and</text>
      </level>
      <level label="2">
        <text>does not belong to a class or grade of workers that, immediately before the stoppage, had any members:</text>
        <level label="i">
          <text>employed at the premises; and</text>
        </level>
        <level label="ii">
          <text>participating in, financing, or directly interested in the labor dispute.</text>
        </level>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1005" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <text>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:</text>
      <level label="1">
        <text>apply for work that is available and suitable when directed to do so by the Secretary;</text>
      </level>
      <level label="2">
        <text>accept suitable work when offered; or</text>
      </level>
      <level label="3">
        <text>return to the individual’s usual self-employment when directed to do so by the Secretary.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>In determining whether work is suitable for an individual, the Secretary shall consider:</text>
        <level label="i">
          <text>the degree of risk involved to the health, morals, and safety of the individual;</text>
        </level>
        <level label="ii">
          <text>the experience, previous earnings, previous training, and physical fitness of the individual;</text>
        </level>
        <level label="iii">
          <text>the length of unemployment of the individual and the prospects for securing local work in the usual occupation of the individual; and</text>
        </level>
        <level label="iv">
          <text>the distance of available work from the residence of the individual.</text>
        </level>
      </level>
      <level label="2">
        <text>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:</text>
        <level label="i">
          <text>the position offered is vacant as a direct result of a strike, lockout, or other labor dispute;</text>
        </level>
        <level label="ii">
          <text>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</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <text>A disqualification under this section:</text>
      <level label="1">
        <text>shall be effective beginning with the latest week in which the individual:</text>
        <level label="i">
          <text>was to have applied for work at the direction of the Secretary;</text>
        </level>
        <level label="ii">
          <text>was notified that suitable work had become available to the individual; or</text>
        </level>
        <level label="iii">
          <text>was to return to the usual self-employment of the individual at the direction of the Secretary; and</text>
        </level>
      </level>
      <level label="2">
        <text>shall continue:</text>
        <level label="i">
          <text>for a total of at least 5 but not more than 10 weeks; or</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>In this subsection, the terms “affected employee” and “work sharing employer” have the meanings stated in § 8-1201 of this title.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1006" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1007" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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:</text>
      <level label="1">
        <text>scheduled holiday or vacation periods; or</text>
      </level>
      <level label="2">
        <text>employee discretion in scheduling holiday or vacation periods.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1008" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <text>In this section, “retirement payment”:</text>
      <level label="1">
        <text>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</text>
      </level>
      <level label="2">
        <text>does not include a payment from a state or federal workers’ compensation program.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>For each week in which the Secretary finds that an individual who otherwise is eligible for benefits receives a retirement payment:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
      <level label="2">
        <text>A retirement benefit in the form of a lump sum payment is not deductible from benefits for the period of eligibility if:</text>
        <level label="i">
          <text>the employing unit pays the lump sum payment as a result of a layoff or shutdown; or</text>
        </level>
        <level label="ii">
          <text>within 30 days of receiving the lump sum payment, the claimant:</text>
          <level label="1">
            <text>places the lump sum payment in a qualified retirement plan; and</text>
          </level>
          <level label="2">
            <text>provides proof to the Secretary that the lump sum payment has been placed in a qualified retirement plan.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>To determine the effect of a retirement payment on eligibility for benefits under subsection (b) of this section:</text>
        <level label="i">
          <text>if an individual did not contribute to the plan that provides the retirement payment, the full retirement payment shall be considered; and</text>
        </level>
        <level label="ii">
          <text>if an individual contributed to the plan that provides the retirement payment, 50% of the retirement payment shall be considered.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="8-1009" title_number="8" title_name="Unemployment Insurance" subtitle_number="10" subtitle_name="Disqualification">
    <level label="a">
      <level label="1">
        <text>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:</text>
        <level label="i">
          <text>if the payment at least equals the individual’s weekly benefit amount, the individual is disqualified from receiving benefits; or</text>
        </level>
        <level label="ii">
          <text>if the payment is less than the individual’s weekly benefit amount, the individual may receive benefits reduced by the amount of the payment.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="b">
      <text>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. § 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.</text>
    </level>
  </section>
</subtitle>