Handling an HIV Positive Employee: What Steps Should Employers Take?

Hi,

We have recently learned that one of our staff is HIV positive. What should an employer do in this situation? Please advise!

Regards, SR

Dear Sunita Roy, for anyone afflicted with HIV/AIDS, it is quite unfortunate as it is feared as a highly infectious disease. Even the affected person's close relatives may avoid close contact, let alone workplace associates.

Similarly, as the chances of health deterioration of the individual are higher, affecting their productivity at work, the employer faces challenges like job reallocation, condoning frequent absences, and the reluctance of other employees to work alongside such a person. To avoid such a risky situation, an employer might consider terminating the employee through cajolery or compulsion. However, there are many other options to tackle this issue based on humanitarian considerations and objective measures for rehabilitating HIV+ employees.

Medical treatment for this disease has advanced significantly, allowing it to be well contained with proper treatment and constant medical care, enabling the patient to lead a normal life with minimal restrictions. The impact of employing HIV+ individuals on the workplace environment has been extensively researched, and various methods of retaining such employees have been identified and successfully adopted in the West and some African countries. Ample literature is available on the internet. It is advisable to browse online and choose a suitable method.

Dear Sunita, Mr. Umakanthan has provided important tips. Going further, I would advise not to ostracize the HIV+ infected employee. There is a possibility of treating this employee as an outcast. If necessary, you may issue a notice to treat the HIV+ infected employee on par with others.

By now, he must have started treatment. Therefore, discuss with the management to determine what support you can provide, as treatment could extend for up to two years. His Head of Department (HOD) must be supportive, being lenient but without compromising the department's deliverables.

Lastly, any patient, whether HIV+ or otherwise, needs to emotionally combat the disease. Therefore, if possible, arrange for medical counseling.

Thanks,

Dinesh Divekar

Approach to Supporting an Employee with HIV

A most answerable question and it requires a thoughtful approach. First, take the employee into confidence. Rather than dismissing the employee, it is better to give them an opportunity to lead a normal life by providing tasks that they can manage. Inform the nearest medical cell and the medical board about the employee, as this is the primary action you need to take. Provide the employee with leave as and when required to obtain medical aid without much delay from your office or workplace. Always ensure there is a place for that employee; if you cannot provide these facilities, it is better to offer financial assistance for their living as a measure of welfare for the employees and to manage the situation. This will help stop the spread of the disease; our kindness is the best protector of society.

Never investigate how they contracted the disease; it is not our agenda. However, it is essential to spread information on how to protect oneself from the disease for the benefit of others. This is crucial for the good of the organization.

Please check the medical aspect of the disease. It is not a contagious disease. By touching an HIV+ person, no one catches the virus. This happens only with fluid exchange. Some precautions should be advised to the individual by the doctor.

Moreover, this individual has not committed any crime. Maybe some unfortunate incident resulted in them getting the virus. There are multiple ways this could have happened, not only sexually but also by transfusion of defective blood, by syringe, etc. Legally, they are entitled to their job.

Warm Regards,

Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]

HIV/AIDS Workplace Policy in India

We are living in the 21st century and need to be equipped to deal with health issues. WHO says not to stigmatize and discriminate against persons living with HIV/AIDS. Is there a labor policy on HIV/AIDS in the workplace in India? This document provides guidance on how employees and employers should deal with persons living or affected by HIV/AIDS. If there is none (I would be surprised if India has none), please go to the WHO website and search for the information.

Providing the person is on treatment (encourage them to stay on the same), there is absolutely no harm to anyone. Depending on the nature of the job, the person should not be assigned tasks that would expose them to the risks of cuts and injuries that could cause blood exposure. Actually, the chances are that a person living with HIV/AIDS will outlive those of us who are HIV-free. Time off and support must be given to the person to attend follow-up visits; depending on the treatment plan, the person goes once every 3 months. Most persons take 1 pill at night only.

Regards,
Carol Trotman
Medical Technologist
Guyana

Dear professional colleague, while all sympathies are with the unfortunate HIV-infected employee, it also needs to be ensured that the health of other co-workers is not put at risk. All help in terms of financial assistance, counseling, time off, and light work may be considered up to a point. The organization's performance also needs to be balanced with a humane approach.

Is it possible to send the employee on loss of pay leave while keeping his job secure until he recovers? Please see if this solution benefits both parties.

Regards, Vinayak Nagarkar HR Consultant

Dear Anonymous,

If there are no performance or discipline issues with this employee, he should be allowed to continue his job respectfully. If you are not willing to allow him to stay mentally and physically engaged, it will be a great disfavor to humanity and a severe cruelty to the employee. Since it is not a contagious disease, and if colleagues are okay with it, he must be allowed to continue.

Warm Regards,

Bharat Gera
HR Consultant
9322404765

Please see the attached India National HIV/AIDS policy.

Carol