1. Objectives

1.1 The MYSA Policy in HIV/AIDS and the Workplace is intended:

(a) to minimise the possibility of HIV infection of MYSA staff, their partners and dependents;
(b) to ensure a supportive work environment for staff infected and affected by HIV/AIDS;
(c) to manage and mitigate the impact of HIV/AIDS on the work at MYSA;
(d) to eliminate the stigma and discrimination in the workplace on the basis of a person’s real or perceived HIV status or vulnerability to HIV infection.

2. Definitions

2.1 “Adult” is defined as a person aged 18 years or older and an “adult dependent” is a person who is either:

(a) a person in a legally recognised relationship, married or de facto, with a staff person;
(b) a person who has cohabited with a staff member for not less than two year and where there is a continuing relationship of emotional and financial interdependency.

2.2 “Child” is defined as a person under 18 years of age and a “child dependent” is either:

(a) the biological or legally recognised child of a staff member;
(b) a child who lives in the same house as the staff member.

2.3 “HIV-related information” includes information that someone:

(a) may have HIV;
(b) has been asked to have an HIV test or has been counselled about having a HIV test;
(c) Is receiving or has received treatment or counselling which suggests he may have HIV;
(d) may have had experiences which put him at risk of contracting HIV;
(e) has a close association or relationship with someone with HIV/AIDS.

2.4 “HIV screening” means any measurement of potential or actual HIV infection, whether direct (HIV testing), indirect (assessment of risk-taking behaviour) or asking questions about tests already taken or about medication.

2.5 “Reasonable accommodation” means any modification or adjustment to a job or to the workplace which is reasonably practicable which will enable a person living with HIV or AIDS to have access to, or participate or advance in, employment.

3. Responsibility for implementation

• In MYSA the Executive Director and the Human Resource Manager has overall responsibility for implementation of this policy.

4. HIV screening, recruitment and employment

• The only medical criterion for recruitment is fitness to work. HIV infection does not, in itself, constitute a lack of fitness to work.
• There is no obligation on applicants or staff to inform MYSA of their HIV status.
• HIV screening will not be required either as a condition of recruitment or for continuation of employment unless required by law (e.g. for duty travel).

5. Confidentiality

• MYSA encourages a supportive work environment in which staff can discuss HIV/AIDS openly, including their own experience living with HIV/AIDS. Where staff disclose that they or their dependents are living with HIV/AIDS, the confidence will be respected with regard to the circumstances in which the information was shared. If there is any doubt, the person living with HIV/AIDS should be consulted before further disclosure takes place.
• HIV-related information relating to applicants for employment, staff or dependents will be kept strictly confidential and be kept only on medical files.
• Unauthorised disclosure of HIV-related information is a disciplinary offence. It may also lead to legal proceedings against the person who disclosed the information.
• With the voluntary and informed consent of the person concerned, HIV related information may be disclosed strictly as necessary for the purposes of recruitment or assignment of staff living with HIV where the job description or task identifies this qualification.

6. Travel, assignment and vaccination

• When arranging short-term travel to other countries for MYSA staff, MYSA will notify the relevant individual of any legal restrictions on entry for people with HIV, and any recommended or required vaccines. Individuals living with HIV must make personal choices as to whether or not they wish to attempt to travel to countries with legal restrictions.
• Staff living with HIV should seek medical advice on the advisability of vaccination according to their particular health status. If a staff member cannot undertake short term travel for these reasons, reasonable measures will be taken to identify other ways of accomplishing the necessary tasks.
• When HIV screening is required, MYSA will ensure referral to pre-test and post-test counselling for relevant staff or short listed applicants.
• If an existing staff member is unable to take an assignment in a particular country because of that country’s HIV related requirements, MYSA will take reasonable steps to find an alternative post.

7. HIV prevention measures

• MYSA will provide staff with sensitive, accurate and up-to-date information to enable them to protect themselves from HIV and other sexually transmitted or blood borne infections.
• In countries where the blood supply is not secure, MYSA through its HIV/AIDS awareness programme will provide information to staff on where safe blood can be obtained.
• MYSA through its HIV/AIDS awareness programme will also provide information on where sterile needles and syringes can be obtained and may also provide disposable syringes and needles to staff on duty travel to areas where there is no guarantee of the proper sterilisation of such materials. A letter explaining why it is being carried will accompany the equipment.
• MYSA will provide staff and their dependants with condoms where there is no reliable and consistent supply of high-quality condoms from the private sector. Access should be free, simple and discreet. Access to free, voluntary and confidential HIV testing and counselling shall be made available at the MYSA VCT Centre.

8. Occupational and other exposure

• In the case of accidents involving the risk of exposure to human blood, universal precautions shall be used so there is no risk of transmission of HIV or other blood borne infections.
• MYSA shall develop procedures for the immediate referral for counselling, assessment and medical treatment with post-exposure prophylactics where appropriate for staff or dependents exposed to the risk of HIV infection (e.g. through accident or sexual assault), whether in the workplace or elsewhere. Reasonable paid time off will be granted for counselling after occupational or other exposure.

9. Information and training

• MYSA will provide information and training on the workplace issues raised by the epidemic, on appropriate responses and on the general needs of people living with HIV/AIDS and their carers. Such information and training will be gender sensitive as well as sensitive to race, disability and sexual orientation.
• Information will include the availability of local support organisations for people living with HIV/AIDS and other affected communities. As far as practicable, such information and training will be integrated into existing education and human resources policies and programmes as well as occupational safety and anti-discrimination strategies.
• Staff training on HIV/AIDS will take place during paid working hours and attendance by all staff, including senior staff, shall be considered as part of their work obligations. All staff will be trained on the implementation of this policy.

10. Stigma and discrimination

• MYSA will not discriminate on the basis of actual or perceived HIV status, or membership of a group at increased risk of HIV infection, in the conditions of work and opportunities for transfers and promotions. Staff living with HIV/AIDS will be treated no less favourably than staff with other serious illnesses.
• MYSA will undertake activities to address HIV and related stigma in the workplace, including staff training and the promotion of an open, accepting and supportive work environment for staff who chose to disclose their HIV status.

11. Reasonable accommodation

• MYSA may reasonably accommodate the special needs of staff living with, or directly affected by, HIV/AIDS on a case-by-case basis, subject to the overall requirements of the organisation. Reasonable accommodation may include flexible working hours and time off for counselling and medical appointments, transfers to lighter duties and part-time work.

12. Termination of employment

• HIV infection is not a cause for termination of employment. Staff with HIV related illness will continue in employment as long as they are medically fit for available and appropriate work. In the case of termination of employment due to extended illness, staff with HIV/AIDS will receive the same benefits and conditions as apply to termination due to other serious illnesses.

13. Gender dimensions

• MYSA acknowledges that HIV/AIDS impacts on male and female staff differently. This includes the recognition that women normally undertake the major part of caring for those with AIDS-related illnesses, and that pregnant women with HIV have additional special needs.

14. Counselling, grievance and disciplinary procedures

• MYSA will provide information to all staff on where HIV-related advice, counselling and referral can be found outside the work environment. MYSA will provide procedures that can be used by staff for work-related grievances, including failure by MYSA to implement any aspect of this policy.
• Disciplinary proceedings may be commenced against a staff member who violates this policy.

15. Policy review

• MYSA management will periodically review this and other relevant policies.