Maryland Legislature Passes Emergency Legislation Expanding Entitlement to Unemployment Compensation

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Senate Bill 1080 which was cross-filed with House Bill 1663, were recently passed by both the House (March 17, 2020) and the Senate (March 18, 2020). The Bill is on its way to Governor Hogan, who is expected to sign it into law.

Among other issues, the Bill expands employees’ eligibility for unemployment compensation due to the impact of the current COVID-19 health emergency. Specifically, the Bill provides that an employee need not separate from employment to be eligible for unemployment payments if:

  1. the individual’s employer temporarily ceases operations due to COVID-19, preventing employees from coming to work;
  2. the individual is quarantined due to COVID-19, with the expectation of returning to work after the quarantine is over; or
  3. the individual leaves employment due to a risk of exposure or infection of COVID-19 or to care for a family member due to COVID-19.

As an emergency measure, the law will be effective upon signature by Governor Hogan. By its terms, the law will expire on April 30, 2021.

In addition to the new legislation, the impact of COVID-19 on Maryland’s workforce has raised a number of unusual questions concerning eligibility for unemployment benefits. The Maryland Department of Labor (“MDDOL”) has added a “Frequently Asked Questions” (FAQ) section to its website to help answer some of these questions. For example, the FAQs confirm that an employee who is still working but whose hours have been reduced may be entitled to unemployment compensation. The FAQs may be found here.

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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