Draft Code of Good Practice on key aspects of HIV/AIDS and Employment
12. Management of HIV in the Workplace

 

 

12.1)  A Workplace HIV/AIDS Policy

 

12.1.1)     Every workplace should develop a specific HIV/AIDS Policy in order to ensure that employees affected by HIV/AIDS are not unfairly discriminated against in employment policies and practices. This policy should cover:

i)          the organisation’s position on HIV/AIDS;

ii)         an outline of the HIV/AIDS programme;

iii)        details on employment policies (e.g. position regarding HIV testing, employee benefits and performance management);

iv)        express standards of behaviour expected of employers and employees;

v)         set out the means of communication within the organisation on HIV/AIDS issues;

vi)        details of employee assistance available to persons affected by HIV/AIDS;

vii)       details of implementation responsibilities; and

viii)      monitoring and evaluation mechanisms.

 

12.1.2)     It is recommended that the following principles guide the development of an HIV/AIDS Workplace Policy:

i)          all policies should be developed in consultation with key stakeholders within the workplace including trade unions, employee representatives, occupational health staff and the human resources department;

ii)         the policy should reflect the nature and needs of the particular workplace.

 

12.2)  Managing HIV Positive Employees

 

12.2.1)     HIV infected employees should continue to work under normal conditions in their current employment for as tong as they are medically fit to do so.

 

12.2.2)     Employers should work to maximise the performance of all employees. This includes reasonable accommodation for employees who develop conditions associated with HIV/AIDS to help ensure that they maintain their employment for as long as possible.

 

12.2.3)     Employees with HIV or AIDS have the same rights to sick leave as other employees, and a joint investigation by the employer and employee should be undertaken to consider alternative sick leave allocations, in accordance with the Basic Conditions of Employment Act, No 75 of 1997

 

12.2.4)     Employers should take all reasonable steps to assist employees with referrals to appropriate health, welfare and psycho-social facilities within the community, if such services are not provided at the workplace.