<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 09.42.04.02" title_num="09" subtitle_num="42" chapter_num="04" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Claim application” means a claimant’s submission to the Division or an EPIP for FAMLI leave and benefits.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Claimant’s average weekly wage” means the amount calculated in Regulation .06 of this chapter.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Good cause” means a demonstration by a claimant that a failure to file a complete claim application was due to:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A demonstrated failure of the employer to provide the notification required under this subtitle to the claimant.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Recipient” means a claimant whose application for FAMLI leave and benefits has been approved and is receiving benefits.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“State average weekly wage” means the wage calculated under Labor and Employment Article, §9-603, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Weekly benefit amount” means the total weekly dollar amount provided to a recipient by the State plan or EPIP.</text>
    </paragraph>
  </paragraph>
</regulation>