Wis. Admin. Code Department of Workforce Development 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.
Notes
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