§ 8-903. Ability to work, availability for work, and actively seeking work.

   (a) In general. --

   (1) Except as otherwise provided in this section, to be eligible for benefits an individual shall be:

      (i) able to work;

      (ii) available for work; and

      (iii) actively seeking work.

   (2) In determining whether an individual actively is seeking work, the Secretary shall consider:

      (i) whether the individual has made an effort that is reasonable and that would be expected of an unemployed individual who honestly is looking for work; and

      (ii) the extent of the effort in relation to the labor market conditions in the area in which the individual is seeking work.

   (3) A part-time worker may not be determined to be ineligible for the receipt of benefits for a week in which the part-time worker is available for and seeking only part-time work if the part-time worker:

      (i) is actively seeking part-time work; and

      (ii) is in a labor market in which a reasonable demand exists for part-time work.

   (4) For the purposes of paragraph (3) of this subsection, an individual is seeking only part-time work if the individual is able to work:

      (i) hours that are comparable to the individual's work at the time of the most recent separation from part-time employment; and

      (ii) at least 20 hours per week.

(b) Disability not a factor. -- The Secretary may not use the disability of a qualified individual with a disability as a factor in finding that an individual is not able to work, available for work, or actively seeking work under subsection (a)(1) or (3) of this section.

(c) Approved training. -- Notwithstanding any other provision of this section or § 8-904 or § 8-907(a) of this subtitle, an individual who otherwise is eligible to receive benefits and who is in training with the approval of the Secretary may not be denied benefits:

   (1) for failure to meet the requirements of subsection (a)(1)(ii) and (iii) of this section to be available for work and actively seeking work; or

   (2) for failure to apply for or refusal to accept suitable work under § 8-1005 of this title.

HISTORY: An. Code 1957, art. 95A, § 4; 1991, ch. 8, § 2; 1993, ch. 131; 1994, ch. 3, § 1; 2009, ch. 5, § 2; ch. 6, § 2; 2010, ch. 2, § 2; ch. 72, § 5; 2011, ch. 65.