Pandemic does not override existing employee rights - Legal Expert
Updated | By Nothando Mthembu
With more businesses expected to resume operations and schools re-opening soon, the issue of disclosing chronic illnesses to your employer has resurfaced.
The Centres for Disease Control and Prevention says people who are 65 years and older, and those with underlying medical conditions are at a high risk of falling seriously ill from COVID-19.
Law expert Allison Schoeman says workers can choose not to disclose certain information.
READ: Church leaders call for government to reopen places of worship
She says the pandemic doesn't override existing rights. She said Section 6 of the employment act, especially prohibits discrimination directly or indirectly on the grounds listed in the section. One of which is a person's HIV status.
"Therefore, there is no legal duty on an employee to disclose their status to their employers," she said.
"The same principles would imply to any other illness that an employee may have, provided it is not an illness that is highly contagious."
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