HIV/AIDS and Work

HIV/AIDS and work in Kenya and workplace policy concerning HIV/AIDS and work including privacy about HIV/AIDS, non disclosure for HIV/AIDS and discrimination

What does the law say about HIV/AIDs and work?

The Employment Act sets out the minimum standards applicable for conditions of employment, relating to health, among others. Under this Act, no employer shall discriminate directly or indirectly against an employee on grounds of HIV status, among others (section 5). The employer shall provide proper healthcare for his/her employees during serious illness. The employer can only discharge this function if the employee notifies the employer of the illness (section 34). The Act implies that there should be no discrimination on the grounds of HIV/AIDS status, and states in Section 46 (g) that HIV/AIDS does not constitute a fair reason for dismissal or for imposition of a disciplinary penalty on an employee.

HIV/AIDs and workplace policies and support structures

The HIV and AIDS Prevention and Control Act, 2006, gives guidance to review of HIV and AIDS workplace policies, making specific reference to HIV/AIDS in relation to provision of education and information in the workplace, discrimination, privacy, confidentiality and personal rights.

Specifically, in Sections 4 and 7, the Act provides that the government – through its various ministries, departments, authorities and other agencies - shall promote public awareness about the causes, means of transmission, consequences and means of prevention and control of HIV/AIDS through a comprehensive nationwide educational and information campaign at all places of work, and ensure the provision of basic information and instructions on HIV/AIDS prevention and control to all public sector employees.

What about confidentiality at work?

Section 7 further notes that such information to be provided shall cover issues of confidentiality in the workplace and attitudes towards infected employees and workers. To promote confidentiality, Section 13 states that no employee shall be compelled to undergo an HIV test unless he/she is charged with a sexual offence under the Sexual Offences Act (2006).

Section 22 prohibits the disclosure of an HIV test result or any related assessment result of another person without his/her written consent.

Part VIII of the Act supports Employment Act in making it an offence for any person to be discriminated against on the grounds of actual, perceived or suspected HIV status, in relation to employment, among others.

Read more

Find out more about Collective Bargaining Agreements in Kenya.

The Employment Act sets out the minimum standards applicable for conditions of employment, relating to health, among others. Under this Act, no employer shall discriminate directly or indirectly against an employee on grounds of HIV status, among others (section 5). The employer shall provide proper healthcare for his/her employees during serious illness. The employer can only discharge this function if the employee notifies the employer of the illness (section 34). The Act implies that there should be no discrimination on the grounds of HIV/AIDS status, and states in Section 46 (g) that HIV/AIDS does not constitute a fair reason for dismissal or for imposition of a disciplinary penalty on an employee.

HIV/AIDs and workplace policies and support structures

The HIV and AIDS Prevention and Control Act, 2006, gives guidance to review of HIV and AIDS workplace policies, making specific reference to HIV/AIDS in relation to provision of education and information in the workplace, discrimination, privacy, confidentiality and personal rights.

Specifically, in Sections 4 and 7, the Act provides that the government – through its various ministries, departments, authorities and other agencies - shall promote public awareness about the causes, means of transmission, consequences and means of prevention and control of HIV/AIDS through a comprehensive nationwide educational and information campaign at all places of work, and ensure the provision of basic information and instructions on HIV/AIDS prevention and control to all public sector employees.

What about confidentiality at work?

Section 7 further notes that such information to be provided shall cover issues of confidentiality in the workplace and attitudes towards infected employees and workers. To promote confidentiality, Section 13 states that no employee shall be compelled to undergo an HIV test unless he/she is charged with a sexual offence under the Sexual Offences Act (2006).

Section 22 prohibits the disclosure of an HIV test result or any related assessment result of another person without his/her written consent.

Part VIII of the Act supports Employment Act in making it an offence for any person to be discriminated against on the grounds of actual, perceived or suspected HIV status, in relation to employment, among others.

Read more

Find out more about Collective Bargaining Agreements in Kenya.

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