1. A. Definition. A claimant shall be eligible for partial benefits for any week in which the claimant:

   1. (1) Performed services for wages;
   2. (2) Earned less in gross wages than the claimant's weekly benefit amount plus any allowance for a dependent to which the claimant is entitled under the Unemployment Insurance Law; and
   3. (3) Meets all of the requirements set forth in the Unemployment Insurance Law.
2. B. A claimant who earns gross wages in 1 week equal to or more than the claimant's weekly benefit amount may not file subsequent continued claims for partial benefits, but shall file an initial claim in order to claim subsequent benefits.

3. C. Reporting Requirements.

   1. (1) A claimant for partial benefits shall comply with each reporting requirement set forth in Regulation .04 of this chapter.
   2. (2) A claimant for partial benefits shall report gross wages during the week in which the claimant performed the services for which the wages were earned.
   3. (3) A claimant for partial benefits shall be able to work, available to work, and actively seeking full-time employment.
   4. (4) The effective date of a claim for partial benefits is as set forth in Regulation .03D(1) of this chapter.

4. D. Self-Employment. A claimant who is self-employed or regularly employed under conditions when the hours of work are not controlled by the employer, or who is paid on a commission basis, shall be eligible for partial benefits:

   1. (1) When the remuneration is paid;
   2. (2) If remuneration is less than the claimant's weekly benefit amount; and
   3. (3) If the claimant is able and available to accept full-time work, and is actively seeking full-time work.
5. E. Vacation Pay or Holiday Pay. A claimant shall be considered partially unemployed with respect to any week during which the claimant receives or is eligible to receive vacation pay or holiday pay that is less than the claimant's weekly benefit amount.

6. F. Method of Calculation.

   1. (1) A claimant eligible for partial benefits shall be paid a benefit amount equal to the claimant's weekly benefit amount, less that part of the wages payable to the claimant in excess of the amount provided by the Unemployment Insurance Law.
   2. (2) The partial benefit amount shall be rounded down to the nearest whole dollar.
   3. (3) Partial benefits are payable until the maximum benefit amount is exhausted for the claimant's benefit year, provided all of the eligibility requirements of the Unemployment Insurance Law are met.
   4. (4) A claimant may receive only 26 weeks of dependents' allowance regardless of the number of weeks the claimant receives partial benefits.

Authority: Labor and Employment Article, §§8-101, 8-305, 8-805, 8-809, 8-902, 8-903, and 8-1004—8-1009, Annotated Code of Maryland

Effective date: February 1, 1973

Regulation .03H amended effective December 15, 1978 (5:25 Md. R. 1853)

Regulation .06 amended effective December 10, 1975 (2:28 Md. R. 1666); December 15, 1978 (5:25 Md. R. 1853); January 31, 1983 (10:2 Md. R. 108) (Transferred from Department of Human Services to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 07.04.02 to 24.02.02)

Regulations .01—.13, Reporting and Registration by Claimant for Benefits, repealed and new Regulations .01—.19, Claims for Benefits, adopted effective October 29, 1990 (17:21 Md. R. 2531)

Regulation .03D amended effective June 24, 1991 (18:12 Md. R. 1340)

Regulation .03E amended effective January 2, 1994 (20:26 Md. R. 2029)

Regulation .04B amended effective June 24, 1991 (18:12 Md. R. 1340); June 8, 1992 (19:11 Md. R. 1017)

Regulation .04-1 adopted effective October 24, 1994 (21:21 Md. R. 1815)

Regulation .07D adopted effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .07-1 adopted effective January 2, 1994 (20:26 Md. R. 2029)

Regulation .07-2 adopted effective October 1, 1995 (22:12 Md. R. 903)

Regulation .09 amended effective January 2, 1994 (20:26 Md. R. 2029)

Regulation .14 amended effective January 2, 1994 (20:26 Md. R. 2029)

Regulation .14D amended effective October 24, 1994 (21:21 Md. R. 1815)

Regulation .15-1 adopted effective June 8, 1992 (19:11 Md. R. 1017)

Regulation .15-1B amended effective January 2, 1994 (20:26 Md. R. 2029)

Regulation .16G adopted effective October 9, 1995 (22:20 Md. R. 1546)

Chapter recodified from COMAR 24.02.02 to COMAR 09.32.02, May 1996

Regulation .02B amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .03 amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .04 amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .06 amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .08 amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .09 amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .10C amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .11A, B amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .13 amended effective May 4, 1998 (25:9 Md. R. 679)

Regulation .14 amended effective April 24, 2017 (44:8 Md. R. 403)

Regulation .14D amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .15-1B amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .16 amended effective December 28, 1998 (25:26 Md. R. 1922)

Regulation .18 amended effective December 28, 1998 (25:26 Md. R. 1922)

Chapter revised effective April 24, 2017 (44:8 Md. R. 403)

Regulation .04 amended effective April 24, 2017 (44:8 Md. R. 404)

Regulation .14 amended effective April 24, 2017 (44:8 Md. R. 404)