Title 8. Unemployment Insurance — Subtitle 9. Eligibility for Benefits
Statutes in effect as of October 1, 2026.
Md. Code Ann., Lab. & Empl. § 8-901 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–901LinkCopy Citation
An individual who files a claim in accordance with regulations adopted under this title is eligible to receive benefits with respect to any week if the Secretary finds that the individual meets the requirements of this subtitle.
Md. Code Ann., Lab. & Empl. § 8-902 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–902LinkCopy Citation
(a)
To be eligible for benefits, an individual shall enroll with a public employment office in accordance with regulations adopted under this title.
(b)
Subject to § 8–808(b) of this title, by regulation, the Secretary may alter or waive the requirements of subsection (a) of this section for:
(1)
an individual attached to a regular job; or
(2)
an individual for whom the Secretary finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this title.
Md. Code Ann., Lab. & Empl. § 8-903 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–903LinkCopy Citation
(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.
(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.
(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.
(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.
(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.
Md. Code Ann., Lab. & Empl. § 8-904 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–904LinkCopy Citation
(a)
When an employer closes its entire plant, business operation, part of its plant, or part of its business operation for inventory, vacation, or another purpose that will cause unemployment for a definite period not exceeding 10 weeks, the Secretary may exempt employees of the employer from the requirement of § 8–903(a)(1)(iii) of this subtitle to actively seek work during that period if the Secretary finds that circumstances and labor market conditions justify the exemption.
(b)
Whenever an employer closes its entire plant, business operation, part of its plant, or part of its business operation for a purpose other than inventory or vacation that will cause unemployment for a definite period not exceeding 26 weeks, for the period of the specific shutdown, the Secretary may exempt employees of the employer from the requirement of § 8–903(a)(1)(iii) of this subtitle to actively seek work if:
(1)
the employer and affected employees jointly request the exemption;
(2)
the employer provides that all affected employees shall return to work for the employer within 26 weeks; and
(3)
the Secretary determines that the exemption will promote productivity and economic stability within the State.
(c)
(1)
This subsection does not exempt an individual from meeting the requirements of § 8–902(a) or § 8–903(a)(1)(i) and (ii) of this subtitle to be able to work and otherwise fully available for work.
(2)
An exemption under this section may be granted only with respect to a specific plant or business operation closing.
Md. Code Ann., Lab. & Empl. § 8-905 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–905LinkCopy Citation
(a)
An alien is not eligible for benefits unless at the time the covered employment was performed the alien:
(1)
was admitted to the United States lawfully for permanent residence;
(2)
lawfully was present in the United States to perform the covered employment; or
(3)
otherwise was residing permanently in the United States under color of law, including being present in the United States lawfully as a result of the application of § 207, § 208, or § 212(d)(5) of the Immigration and Nationality Act.
(b)
The Secretary uniformly shall require from each applicant for benefits information that is necessary to determine whether benefits are payable under subsection (a) of this section.
(c)
If the Secretary otherwise would approve a claim for benefits, a determination to deny benefits because of alien status shall be based on a preponderance of the evidence.
Md. Code Ann., Lab. & Empl. § 8-906 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–906LinkCopy Citation
(a)
An individual who otherwise is unemployed may not be considered to be employed because the individual is engaged in inactive duty for training as a member of the National Guard or other reserve component of the uniformed services.
(b)
An individual who otherwise is available for work as required in § 8–903(a)(1)(ii) of this subtitle may not be considered to be unavailable for work because the individual is engaged in inactive duty for training as a member of the National Guard or other reserve component of the uniformed services.
(c)
Compensation that an individual receives for participation in inactive duty for training as a member of the National Guard or other reserve component of the uniformed services may not be deducted from the weekly benefit amount to which the individual is entitled.
Md. Code Ann., Lab. & Empl. § 8-907 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–907LinkCopy Citation
An individual may not be denied benefits for any week of unemployment for failure to meet the requirements of § 8–903(a)(1) of this subtitle to be able to work, be available to work, and actively seeking work if the failure results from:
(1)
a summons to appear for jury duty; or
(2)
service as an election judge for a local board of elections in the State.
Md. Code Ann., Lab. & Empl. § 8-908 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–908LinkCopy Citation
An individual is not eligible for benefits for any week that begins during a period between 2 successive athletic seasons or other similar period based on covered employment substantially all of which consists of training or preparing to participate or participating in sports and athletic events if:
(1)
the individual performed the employment in the first season or similar period; and
(2)
there is reasonable assurance that the individual will perform the service in the second season or similar period.
Md. Code Ann., Lab. & Empl. § 8-909 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–909LinkCopy Citation
(a)
(1)
This section applies only with respect to service in covered employment under §§ 8–208(a) and 8–212(c) of this title.
(2)
This section does not apply with respect to service in other covered employment, including covered employment for a for–profit employing unit, even if the service is provided exclusively for a governmental entity or a charitable, educational, religious, or other organization.
(b)
Subject to the provisions of this section, benefits based on service in covered employment under §§ 8–208(a) and 8–212(c) of this title shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service in covered employment.
(c)
(1)
With respect to services performed in an instructional, research, or principal administrative capacity for an educational institution, benefits may not be paid based on those services for any week of unemployment that begins during:
(i)
a period between 2 successive academic years;
(ii)
a similar period between 2 regular but not successive terms; or
(iii)
a period of contractually provided paid sabbatical leave.
(2)
This subsection applies only to any individual who:
(i)
performs the services in an instructional, research, or principal administrative capacity in the first of 2 academic years or terms; and
(ii)
has a contract or reasonable assurance that the individual will perform the services in an instructional, research, or principal administrative capacity for any educational institution in the second of the 2 academic years or terms.
(d)
(1)
With respect to services performed for an educational institution in any capacity other than instructional, research, or principal administrative, benefits may not be paid on the basis of the services for any week of unemployment that begins during a period between 2 successive academic years or terms.
(2)
This subsection applies to any individual who:
(i)
performs the services described in this subsection in the first of 2 academic years or terms; and
(ii)
has a reasonable assurance that the individual will perform the services in the second of the 2 successive academic years or terms.
(3)
Before July 1 of each year, each educational institution shall provide the Department with the name and Social Security number of each individual who has a reasonable assurance of performing covered employment described under this subsection in the next academic year.
(4)
If an individual whose name and Social Security number are required to be submitted to the Department under paragraph (3) of this subsection is not given an opportunity to perform the services for the educational institution for the next successive year or term, the individual shall be eligible for benefits retroactively if the individual:
(i)
files a timely claim for each week;
(ii)
was denied benefits solely under this subsection; and
(iii)
is otherwise eligible for benefits.
(e)
(1)
With respect to services described in subsections (c) and (d) of this section, an individual may not be eligible for benefits based on the services for any week that begins during an established and customary vacation period or holiday recess.
(2)
This subsection applies to any individual who:
(i)
performs the services in the period immediately before the vacation period or holiday recess; and
(ii)
has a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
(f)
(1)
In this subsection, “educational service agency” means a governmental entity that is established and operated exclusively to provide educational service to one or more educational institutions.
(2)
If any service described in subsection (c) or (d) of this section is performed by an individual in an educational institution while in the employ of an educational service agency, the individual is subject to subsections (c), (d), and (e) of this section and benefits may not be paid if not allowed under subsection (c), (d), or (e) of this section.
(g)
If any service described in subsection (b) of this section is provided by an individual to or on behalf of an educational institution, the individual is subject to subsections (c), (d), and (e) of this section and benefits may not be paid if not allowed under subsections (c), (d), and (e) of this section.
Md. Code Ann., Lab. & Empl. § 8-910 (2026)
Title 8. Unemployment Insurance
Subtitle 9. Eligibility for Benefits
§ 8–910LinkCopy Citation
Except as provided in Subtitle 11 of this title, an individual who has received benefits in a benefit year is not eligible for benefits in a subsequent benefit year unless, after the beginning of the first benefit year, the individual earns wages for covered employment under this title that equal at least 10 times the weekly benefit amount for the subsequent benefit year.