Plain Text Law

Regulation .02 Definitions.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Alternative FAMLI purpose leave (AFPL)” means employer-provided leave specifically designated as a separate bank of time off for medical leave, family leave, qualified exigency leave, or under a disability policy and that is not leave provided under an EPIP.
(2)
“Claim application” means a claimant’s submission to the Division or an EPIP for FAMLI leave and benefits.
(3)
“Claimant’s average weekly wage” means the amount calculated in Regulation .06 of this chapter.
(4)
“Complete claim application” means an application submitted by a claimant with all required supporting documentation, including the response from an employer and any investigation, under Regulation .04 of this chapter.
(5)
“Fraud” means a misrepresentation or concealment of a material fact made by a claimant which induces the State plan or an EPIP to provide benefits when the claimant would have otherwise not qualified.
(6)
“General purpose leave” means employer-provided paid leave, such as general paid time off, personal leave, vacation leave, or sick leave, that is not AFPL or leave provided under an EPIP.
(7)
“Good cause” means a demonstration by a claimant that a failure to file a complete claim application was due to:
(a)
A serious health condition that resulted in an unanticipated and prolonged period of incapacity and that prevented an individual from filing a claim in a timely manner;
(b)
A demonstrated inability to reasonably access a means to file a claim in a timely manner, such as due to a natural disaster, power outage, or a significant and prolonged Department system outage; or
(c)
A demonstrated failure of the employer to provide the notification required under this subtitle to the claimant.
(8)
“Recipient” means a claimant whose application for FAMLI leave and benefits has been approved and is receiving benefits.
(9)
“State average weekly wage” means the wage calculated under Labor and Employment Article, §9-603, Annotated Code of Maryland.
(10)
“Weekly benefit amount” means the total weekly dollar amount provided to a recipient by the State plan or EPIP.