Chapter DWD 132

Chapter DWD 132

DETERMINING ELIGIBILITY FOR BENEFITS

DWD 132.001   Definitions.

DWD 132.01   Purpose.

DWD 132.04   Educational employees: reasonably similar terms and conditions.

DWD 132.05   Misconduct: abuse of a patient of a health care facility.

Ch. DWD 132 Note Note: Chapter Ind 132 as it existed on August 31, 1987 was repealed and a new chapter ILHR 132 was created effective September 1, 1987. Chapter ILHR 132 was renumbered Chapter DWD 130 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498.

DWD 132.001 DWD 132.001 Definitions.

DWD 132.001(1) (1) Except as provided in this chapter, unless the context clearly indicates a different meaning, the definitions in ch. DWD 100 apply to this chapter.

DWD 132.001(2) (2) In this chapter:

DWD 132.001(2)(a) (a) “Health care facility” means any nursing home, community-based residential facility, hospital, clinic, office of a physician or other health care professional, mental health institute, center for the developmentally disabled, alcohol or drug treatment center or other facility providing inpatient or outpatient health care to patients, whether licensed, approved or exempted under state law or certified under federal law.

DWD 132.001(2)(b) (b) “Sexual contact” has the meaning specified in s. 940.225 (5) (b), Stats.

DWD 132.001(2)(c) (c) “Sexual intercourse” has the meaning specified in s. 940.225 (5) (c), Stats.

DWD 132.001 History History: Cr. Register, August, 1987, No. 380, eff. 9-1-87; renum. (6) to (8) to be (9) to (11), cr. (6) to (8), Register, January, 1989, No. 397, eff. 2-1-89, r. (intro.), (2) to (4), (10) and (11), renum. (1) to be (2) and am., renum. (5), (6) and (9) to be 100.02 (23), (31) and (55), renum. (7) and (8) to be 100.02 (53) and (54) and am., cr. (1), Register, September, 1995, No. 477, eff. 10-1-95; renum. (1) to be DWD 132.001, r. (2), Register, May, 1997, No. 497, eff. 6-1-97; CR 18-033: renum. to (1), cr. (2) (intro.), (2) (a) renum. from DWD 100.02 (31), (2) (b) renum. from DWD 100.02 (53) and am., (2) (c) renum. from DWD 100.02 (54) and am. Register May 2019 No. 761, eff. 6-1-19.

DWD 132.01 DWD 132.01 Purpose. The purpose of this chapter is to provide standards for determining a claimant’s eligibility for benefits under certain provisions of s. 108.04, Stats.

DWD 132.01 History History: Cr. Register, August, 1987, No. 380, eff. 9-1-87.

DWD 132.04 DWD 132.04 Educational employees: reasonably similar terms and conditions.

DWD 132.04(1) (1) Scope. Under s. 108.04 (17) (a) to (i), Stats., a claimant is ineligible for benefits based upon services provided to or on behalf of an educational institution for weeks of unemployment which occur between academic years or terms or during an established and customary vacation period or holiday recess if the claimant performed the services in the first such year or term or in the year or term immediately before the vacation period or holiday recess and if there is reasonable assurance that the claimant will perform such services for any educational institution in the year or term immediately following the academic year, term, vacation period or holiday recess.

DWD 132.04(2) (2) Standard. Except as provided under sub. (3), the terms and conditions of the employment for which the claimant receives assurance from an educational institution under s. 108.04 (17) (a) to (i), Stats., for the academic year or term immediately following the weeks of unemployment which occurred between academic years or terms or during an established and customary vacation period or holiday recess are reasonably similar if all of the following apply:

DWD 132.04(2)(a) (a) The claimant will earn at least 90% of the amount the claimant earned in the academic year or term which preceded the weeks of unemployment.

DWD 132.04(2)(c) (c) The employment involves substantially the same skill level and knowledge as the employment in the academic year or term which preceded the weeks of unemployment.

DWD 132.04(3) (3) Effect on eligibility.

DWD 132.04(3)(a) (a) If the employment for which the claimant receives assurance is not reasonably similar under sub. (2), the claimant is eligible for benefits based on services provided to or on behalf of an educational institution between academic years or terms or during established and customary vacation periods or holiday recesses under s. 108.04 (17) (a) to (i), Stats., if otherwise qualified.

DWD 132.04(3)(b) (b) If the employment for which the claimant receives assurance is reasonably similar under sub. (2), the claimant is not eligible for benefits based on services to or on behalf of an educational institution between academic years or terms or during established and customary vacation periods or holiday recesses under s. 108.04 (17) (a) to (i), Stats.

DWD 132.04 History History: Cr. Register, August, 1987, No. 380, eff. 9-1-87; r. (3); renum. (3) to be (4) and am., Register, July, 1993, No. 451, eff. 8-1-93; CR 18-033: am. (1), (2) (intro.), (a), r. (2) (b) Register May 2019 No. 761, eff. 6-1-19; CR 22-010: am. (1), (2) (intro.), (3) Register June 2022 No. 798, eff. 7-1-22.

DWD 132.05 DWD 132.05 Misconduct: abuse of a patient of a health care facility.

DWD 132.05(1) (1) Scope.

DWD 132.05(1)(a) (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.

DWD 132.05(1)(b) (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.

DWD 132.05(1)(c) (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.

DWD 132.05(2) (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:

DWD 132.05(2)(a) (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.

DWD 132.05(2)(b) (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.

DWD 132.05(2)(c) (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.

DWD 132.05(2)(d) (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).

DWD 132.05(3) (3) Effect on eligibility.

DWD 132.05(3)(a) (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.

DWD 132.05(3)(b) (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.

DWD 132.05 History History: 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; 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.