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

Code of Good Practice

Employment of Persons with Disabilities

15. Employee benefits


15.1 An employer who provides or arranges for occupational insurance or other benefit plans directly or through a separate benefit scheme or fund, must ensure that they do not unfairly discriminate, either directly or indirectly against persons with disabilities.13


15.2 Employees with disabilities may not be refused membership of a benefit scheme only because they have a disability. To increase job security for employees who have disabilities and to reduce the costs of benefit schemes, designated employers should investigate and, if reasonable, offer benefit schemes that reasonably accommodate persons with disabilities. These include—
(a) vocational rehabilitation, training and temporary income replacement benefits for employees who, because of illness or injury, cannot work for an extended period, and
(b) financial compensation for employees who because of a disability are able to continue to work, but at lower levels of pay than they enjoyed before becoming disabled.



13 Benefits in this Code refer to benefits such as fringe benefits, medical benefits, group disability assurance benefits, retirement schemes and life assurance schemes.