Section DWD 132.05 - Misconduct: abuse of a patient of a health care facility(1) SCOPE. (a) After an employee has been discharged by an employing unit for misconduct connected with the employee's employment, as defined under s. 108.04(5), Stats., the employee is not eligible to receive unemployment benefits under s. 108.04(5), Stats.(b) This section provides a standard by which to determine if misconduct exists under s. 108.04(5), Stats., when an employee is discharged for alleged abuse of a patient of a health care facility. This standard also applies to suspensions for misconduct under s. 108.04(6), Stats.(c) At any hearing involving this section, the health care facility shall prove by competent evidence that the alleged conduct for which the employee was discharged actually occurred. Section DWD 140.16 regarding the admissibility of evidence applies in all hearings involving alleged abuse of a patient.(2) STANDARD. Discharge of an employee by an employing unit for misconduct connected with the employee's employment under s. 108.04(5), Stats., may include the discharge of an employee by a health care facility for abuse of a patient. Abuse of a patient may include any of the following: (a) Except when required for treatment, care or safety, any single or repeated intentional act or threat through contact or communication involving force, violence, harassment, deprivation, withholding care, sexual contact, sexual intercourse, or mental pressure, which causes physical pain or injury, or which reasonably could cause physical pain or injury, fear or severe emotional distress.(b) Any gross or repeated failure to provide treatment or care without good cause which reasonably could adversely affect a patient's health, comfort or well-being.(c) Any intentional act which subjects a patient to gross insult, ridicule or humiliation, or repeated failure to treat a patient with dignity and respect.(d) Knowingly permitting another person to do any of the acts in pars. (a) to (c) or knowingly failing to take reasonable steps to prevent another person from doing any of the acts in pars. (a) to (c). (3) EFFECT ON ELIGIBILITY.(a) If a claimant was discharged for conduct which the health care facility alleges was abuse of a patient and that conduct is determined not to be misconduct under this section, the claimant is eligible to receive benefits, if otherwise qualified.(b) If a claimant was discharged for conduct which the health care facility alleges was abuse of a patient and that conduct is determined to be misconduct under this section, the claimant is not eligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 14 times the employee's weekly benefit rate in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the discharge not occurred. The wages paid to the employee by the health care facility shall be excluded from the employee's base period wages for purposes of benefit entitlement, as provided in s. 108.04(5), Stats.Wis. Admin. Code Department of Workforce Development DWD 132.05
Cr. Register, January, 1989, No. 397, eff. 2-1-89; am. (1) (a) and (c), r. (3) (b), renum. (3) (c) to be (3) (b) and am., Register, September, 2000, No. 537, eff. 10-1-00; correction in (1) (b) made under s. 13.93(2m) (b) 7, Stats., Register, September, 2000, No. 537.Amended by, CR 18-033: am. (1) (a), (b), (2) Register May 2019 No. 761, eff. 6-1-19; corrections in (1) (a) and (2) (d) made under s. 35.17, Stats., Register May 2019 No. 761, eff. 6/1/2019