1.0 Objective
As Infinit-O Philippines Inc. acknowledges the impact of HIV/AIDS being a public health concern, the STI/HIV/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.
2.0 Coverage
The policy offers support to all Infinit-O Philippines Inc. employees, notwithstanding employment status (part-time, project based, probationary or regular) or job level (associate, specialist, supervisor, manager, director or executive) for the following:
· Testing – is purely voluntary, wherein a written consent from the employee will be needed prior endorsement to an accredited medical facility by the company or by the Department of Health
o For the following instances, compulsory testing shall be allowed as stated in Section 30 of RA 11166:
a) 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”;
b) When it is necessary to resolve relevant issues under Executive Order No. 209, otherwise known as “The Family Code of the Philippines”; and
c) 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”.
· Job Security – no employee will be subject for termination based on actual or perceived result of the test taken, unless proven unfit to work as advised by a medical doctor.
3.0 Confidentiality
This policy protects employees and their privacy to the fullest extent of the law. Only the employee and members of the management that the concerned employee gave consent for as documented will be aware of the employee’s result and related information. 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 Department of Health (DOH) for validation
· Exception for the confidentiality will be considered based on below:
o 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.
4.0 Provision
The Company shall establish awareness programs for all current and prospective employees regardless of rank and status and shall require these employees to undergo the said program for dissemination of updated information on STI/HIV/AIDS to educate and dismiss the stigma on the condition that produces misinformation and discrimination:
a) as part of the regular and scheduled new hire orientation curriculum for new hires.
b) as an awareness program, in the form of either an activity, seminar or digitally shared information, for all existing employees.
c) mandatory course of the policy via Moodle for New hire employees - to complete course within 30 days from date of hire.
d) mandatory course update of the policy – to be completed within 2 weeks from release of update.
e) annual (December of every year) refresher course of or quiz on the policy via Moodle/Survey Monkey/activity.
5.0 Cost
The company will not be able to cover cost of the STI/HIV/AIDS test taken by the employee either under an accredited or non-accredited medical facility due to its exclusion from the company’s healthcare plan coverage from the HMO provider. Prescribed medicines shall be under the account of the concerned employee as well.
Leave credits shall be used in accordance to its availability. In case of depletion of leaves and the concerned employee will need to be on an extended leave, he may apply for LWOP (Leave Without Pay) as approved by their supervisor and endorsed to HR and FA teams for reference on salary hold processing.
6.0 Management Action
For current employees, the following procedures shall be followed as management action for employees found positive with STI/HIV/AIDS virus.
a) The employee’s chosen accredited HMO medical facility shall provide HR with a summary of findings coming from the results of the voluntary STI/HIV/AIDS exam taken, with the employee’s written consent of providing the result to HR.
b) If the exam had been taken from a non-accredited medical facility by the company or HMO provider, a copy of the result will be provided by the concerned employee to HR together with his/her written consent of providing the result.
c) HR shall in turn ensure that the information will be made known only to the following:
· concerned employee
· people allowed by the employee to know as documented in the employee’s written consent.
a) Depending on the diagnosis and prognosis of the doctor, the concerned employee will be required to provide a medical or fit to work clearance to ensure that employee is able to continue working and will not be detrimental to their health.
b) In cases that an unfit to work clearance was given to the employee and an extended leave is needed, accumulated paid days off may be used, once fully utilized, employee may apply for the SSS sickness benefit following the requirements of the service once their Manager approve the LWOP request:
· Filled out and signed SSS sickness benefit form
· Laboratory, X-ray, ECG and other diagnostic results
· Operating room/clinical records that will support diagnosis
c) Upon return to work and/or after the prescribed period of rest/medication, the concerned employee should provide a medical/fit to work clearance to HR.
7.0 Distribution
All Infinit-O Philippines Inc. employee
8.0 References
RA 11166: Philippine HIV and AIDS Policy Act