CPP-HR 0129 HIV/AIDS Non-Discrimination and Support Policy

CPP-HR 0129 HIV/AIDS Non-Discrimination and Support Policy

Version  

Approval Date

Author  

Changes  

Approved by  

2

July 15, 2020

M. Martinez


F.Lenoir

3


K.Bantoto

  • 7.0, 7.1

  • 8.0, 8.1

R.Tan

4


G. Orbon

New Version

R. Tan


  1. Objective 


Infinit-O Philippines Inc. acknowledges the impact of HIV/AIDS being a public health concern. The Sexually Transmitted Infections (STIs), Human Immunodeficiency Virus (HIV), and  Acquired Immunodeficiency Syndrome (AIDS) policy is put in place in accordance with the implementing rules and regulations of the Philippines HIV/AIDS Policy Act or Republic Act No. 11166 signed into law on December 20, 2018, by the President of the Philippines.


  1. Coverage 


The policy offers support to all Infinit-O Philippines Inc. team members, notwithstanding employment status (part-time, project-based, probationary, or regular) or job level (associate, specialist, supervisor, manager, director, or executive).

  1. Testing is completely voluntary and requires a team member's written consent before they can be endorsed to an accredited medical facility.

  2. Compulsory HIV testing is unlawful when used as a prerequisite for employment, promotion, or for any other purpose in the workplace.

  3. Exceptions for Compulsory Testing shall be allowed only in the following instances, as stated in Section 30 of RA 11166:

    1. When it is necessary to test a person who is charged with any of the offenses punishable under Articles 263 (serious physical injuries), 264 (administering injurious substances or beverages), 265 (less serious physical injuries) and 266 (slight physical injuries), or Article 338 (simple seduction) of Act No. 3815, or the "The Revised Penal Code (RPC)", as amended, or under Art. 266-A (rape) of the RPC, as amended by R.A. 8353, otherwise known as "The Anti-Rape Law of 1997".

    2. When it is necessary to resolve relevant issues under Executive Order No. 209, otherwise known as "The Family Code of the Philippines".

    3. As a prerequisite in the donation of blood in compliance with the provisions of Republic Act No. 7170, otherwise known as the "Organ Donation Act of 1991", and Republic Act No. 7719, otherwise known as the "National Blood Services Act of 1994".

  4. Job Security (Non-Discrimination): No team member or prospective team member will be subject to termination, rejection of a job application, or denial of promotion based on actual or perceived results of the test taken. A diagnosis of HIV/AIDS alone is not grounds for deeming an employee unfit to work. 

  5. Termination or denial of promotion is strictly prohibited unless the team member is proven objectively unfit to work due to medical reasons, and only after the company has explored and implemented reasonable workplace accommodations as advised by an accredited medical doctor.




  1. Confidentiality 

    1. This policy fully protects team members and their right to privacy in accordance with the Data Privacy Act of 2012. STI/HIV/AIDS related information of workers shall be kept strictly confidential and retained only in medical files.

      1. Disclosure of a team member’s STI/HIV/AIDS-related information shall only be made with the individual's written informed consent. 

      2. Access to this information should be strictly limited to medical personnel or if legally required, in accordance with the provisions of RA 11166 and its IRR.

      3. If the test result presented is from an external medical facility, the company will send the test results to an accredited medical facility by the HMO or by the Department of Health (DOH) for validation, only with the team member's written consent.

    2. Limited exceptions for confidentiality will be considered based on the following:

      1. The result of any test related to HIV and AIDS may also be disclosed to a person authorized to receive such results in conjunction with the DOH Monitoring Body, as provided in Section 43 of IRR of RA 11166.


  1. Provisions 

    1. Infinit-O Philippines Inc. will establish awareness programs for all current and prospective team members, regardless of rank and status, and shall require these team members to undergo the said program for the dissemination of updated information on STIs/HIV/AIDS to educate and reduce the stigma on the condition that produces misinformation and discrimination:

  • as part of the regular and scheduled new hire orientation curriculum for new team members.

  • as an awareness program, in the form of either an activity, a seminar, or digitally shared information, for all existing team members.

  • mandatory course of the policy via Moodle for New hire team members - to complete the course within 30 days from the date of hire.

  • mandatory course for all team members - to be completed within the given timeframe.

  • annual (December of every year) refresher course or quiz on the policy via Moodle/Survey Monkey/activity.


  1. Costs 

    1. Testing and Treatment

  • STI: The cost of STI testing will not be covered by the company, whether conducted at an accredited or non-accredited medical facility, as it is excluded from the company’s healthcare plan under the HMO provider.

  • HIV/AIDS: The company’s healthcare plan under the HMO provider will help if you’re hospitalized due to AIDS-related illness (up to your MBL), but it won’t pay for:

    • HIV testing or screening

    • Regular outpatient checkups

    • Daily or maintenance medicines

  1. Team Members

    1. Under R.A. No. 11166, Persons Living with HIV (PLHIV) are entitled to free and accessible antiretroviral therapy (ART) and management of opportunistic infections from the Department of Health (DOH).

  2. Medicine

    1. Prescribed medicines shall be under the account of the concerned team member.


  1. Attendance

    1. Leave credits shall be used in accordance with its availability. In case of depletion of leaves and the concerned team member will need to be on an extended leave, they may apply for LWOP (Leave Without Pay) as approved by their supervisor and endorsed to HR ER, and FA teams for reference on salary processing.

    2. Upon returning to work or after completing the prescribed period of rest or medication, the concerned team members must submit a medical or fit-to-work clearance from the Infinit-O doctors to HR ER.


  1. Management Action

    1. For current team members, the following procedures will be implemented by management for those who test positive for STIs, HIV, or AIDS:

      1. Team members must undergo testing at an HMO-accredited medical facility and submit a summary of the examination findings to HR ER. The results may only be shared with HR ER upon the team member’s written consent.

      2. HR ER shall ensure that the information will be made known only to the following:

  • concerned team member.

  • people allowed by the team member to know, as documented in the team member's written consent.

  1. Depending on the diagnosis and prognosis of the doctor, the concerned team members will be required to provide a medical or fit-to-work clearance to ensure that team members are able to continue working and will not be detrimental to their health. (Refer to 6.2)

  2. In cases where an unfit to work clearance was given to the team member and an extended leave is needed, accumulated paid days off may be used. Once fully utilized, the team member may apply for the SSS sickness benefit following the requirements of the service once their manager approves the LWOP request:

  • Filled out and signed SSS sickness benefit form, Medical Certificate.

  • Laboratory, X-ray, ECG, and other diagnostic results.

  • Operating room/clinical records that will support diagnosis.


  1. Reference 


Implementing rules and regulations of the Philippines HIV/AIDS Policy Act or Republic Act No. 11166.


  1. Records


HIV/AIDS Master List





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