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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Key Aspects of HIV/Aids and Employment

10. Employee Benefits


1) Employees with HIV or AIDS may not be unfairly discriminated against in the allocation of employee benefits.


2) Employees who become ill with AIDS should be treated like any other employee with a comparable life threatening illness with regard to access to employee benefits.


3) Information from benefit schemes on the medical status of an employee should be kept confidential and should not be used to unfairly discriminate.


4) Where an employer offers a medical scheme as part of the employee benefit package it must ensure that this scheme does not unfairly discriminate, directly or indirectly, against any person on the basis of his or her HIV status.