.07 Work Search Exemption.

A. Ten Week Exemption.

(1) The Secretary shall exempt only from the "actively seeking work" eligibility condition a claimant who, at the time the claimant files an initial claim, provides a definite return-to-work date to the same employer that is within 10 weeks of the last day of employment, if the:

(a) Return-to-work date is verified by that employer; and

(b) Layoff is as a result of vacation, inventory, or any other purpose causing unemployment, except a labor dispute.

(2) Exemptions under this section may be granted for each period of unemployment of 10 weeks or less in 1 benefit year.

B. Eleven to Twenty-Six Week Exemption.

(1) The Secretary may exempt from only the "actively seeking work" eligibility condition a claimant who, at the time the claimant files an initial claim, provides a definite return-to-work date to the same employer that is 11 to 26 weeks from the last day of employment, if the:

(a) Return-to-work date is verified by that employer;

(b) Layoff is as a result of any purpose causing unemployment other than vacation, inventory, or labor dispute; and

(c) Employer and the affected employees jointly request the exemption through a written request that:

(i) Is submitted 2 weeks before the layoff (which requirement may be waived), and

(ii) Includes the name and Social Security number of each claimant for whom the request is made.

(2) The Secretary's determination to grant or deny the exemption under this section shall be based on:

(a) The reason for the layoff;

(b) The length of the layoff;

(c) Local labor market conditions; and

(d) The employer's earned-rate record for the 3 years preceding the request.

(3) The Secretary shall grant or deny the request for the exemption within 15 days of receipt of the request.

(4) An exemption under this section may be granted only once during any 12-month period.

C. Exemptions granted under this regulation do not apply to any federal or State extended benefit programs.

D. Work search exemptions granted for participation in approved training are described in COMAR 09.33.01.06.