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FAWU Specific HIV and AIDS Policy - Food and Allied Workers Union

FAWU Specific HIV and AIDS Policy - Food and Allied Workers Union

leave [Section 22(2)].

leave [Section 22(2)]. (d) In addition to sick leave in te rms of the BCEA, FAWU will implement a policy of compassion for employees who are infected wi th HIV and AIDS and who are medi call y incapable. Medical incapa ci ty means a continuing non‐ culpable absence from duty due to illness or disability (in this re ga rd, due to HIV and/or AIDS), whi ch prevents the employee from fulfilling their employment obligations. (i ) Considering tha t HIV or HIV and AIDS affects individuals differently, when members or employees of the Union are unable to continue wi th all the work the y are employed to do, due to being infected by HIV and/or AIDS, the employer should gi ve the m a lighter duty or reduce the number of days that the person should work, until they are medically fi t. A registered doctor should guide this process. (ii ) When an employee, due to a HIV and/or AIDS rela ted illness or disability, has been unable to fulfil thei r employment obligations for an extended period of time and has not reached medi cal fitness, after lighter duty in te rms of (i ), a registered doctor should advise on additional leave to promote re cove ry; (iii) Once all efforts have been taken to accommodate the employee's condition taking into consideration issues of health, safety and cos t, other options such as resigna tion or re ti re ment on medi cal grounds should be presented to the employee for consideration. Medical retirement involves re ti re ment on grounds of disability where physicians ce rtify that there is an impairment whi ch prevents the employee from enga ging in any employment for whi ch the y woul d be reasonably suited. Me dical re ti rement as a resul t of HIV and AIDS should be treated like any other serious illness, in te rms of benefits. In a ccordance wi th Secti on 187(1) of the Labour Relations Act, No. 66 of 1995, an employee wi th HIV and AIDS ma y not be dismissed simply because he or she is HIV positive or has AIDS. However, where there are valid reasons rela ted to thei r capa city to continue working and fai r procedures have been followed, thei r services ma y be te rmi nate d in a ccordance wi th Secti on 188(1)(a)(i). 5.5 Grievances against Unfair Discrimination (a ) HIV and AIDS related grievances should be held privately and confidentially in order to protect the identity and rights of the complainant(s). (b) FAWU's existing grievance policy procedures should accommodate HIV and AIDS related complaints. 4

5.6 Monitoring and Evaluation Mechanisms (a ) The impact of the final version of the Code of Good Practice and how it suits the organization will be moni tored and evaluated from time to ti me . (b) It will therefore be changed from ti me to time to accommodate new laws and changes wi thin the organization. (c) The body or persons who will be responsible for the imple menta tion and coordination of responsibilities relate d to this policy, will report to the NEC from time to time on the challenges and successes wi th HIV and AIDS related matters . Name:________________________ Signature:___________________________ Date: 5

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