Ministry of Local Government

COUNTY COUNCIL OF BUSIA

HIV & AIDS WORK PLACE POLICY

FOREWARD In this current wave of the HIV/AIDS epidemic, a workplace Policy is important to all organizations. This is in response to the challenges of the HIV/AIDS pandemic within urban workplaces and communities. Discrimination, stigmatization and lack of awareness call for the need to mainstream HIV/AIDS in the workplaces. County Council of Busia recognizes the need for formulating an HIV/AIDS workplace policy. A lot of work and sensitization about HIV/AIDS is currently being undertaken by the council. The council however, lacks a work place policy to enable it handle this function in a consistent and more effective manner. It is against this background that the Council is developing this policy so that it can mainstream HIV/AIDS activities in the county council. Lastly, the production of this policy is just a step in the beginning of a long journey, a journey reducing the threat of HIV/AIDS at the work place and the county Council of Busia at large. While I use this opportunity to thank all stakeholders and our staff and the councilors for making this policy possible, the bigger challenge lies before us. This policy must not be shelved, it is upon all of us to implement it and for those organizations and enterprises within the council to emulate this example and come up with similar policies for their workplaces. Together we will succeed. Clerk To the Council

GLOSSARY OF TERMS AND CONCEPTS AFFECTED A person who is feeling the impact of HIV/AIDS through sickness or loss of relatives, friends or colleagues. Acquired Immune Deficiency Syndrome Promotion of a persons well being through medical physical, psychological, spiritual and other means. A session where a person with difficulties is assisted to think through the problem and find a possible solution.

AIDS Care

Counseling

Confidentiality The right of every person, employee or job applicant to have his/her medical or other information, including HIV status kept secret. HIV Screening A medical test to determine a persons status infected a person who is living with the virus that causes AIDS

Policy

A statement setting out a departments or organizations position on a particular issue. The number of people with HIV at a particular point in time often expressed as a percentage of the total population. A programme designed to combat HIV infection and transmission. services and assistance that are provided to help a person cope with difficult situations and challenges.

Prevalence of HIV

Prevention Support

Voluntary counseling and testing: A process that enables people to willingly know their HIV status.

ACRONYMS AND ABBREVIATIONS AIDS ARV HIV ILO CCB PHAs UNDP VCT NACC Acquired Immune Deficiency Syndrome Anti-Retroviral Human Immuno Deficiency Virus International Labour Organization County Council of Busia People Living with HIV/AIDS United Nations Development Programme Voluntary Counseling and Testing National Aids Control Council

INTRODUCTION Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) affect Every segment of global society: the home, the school, the religious institution and the workplace. The Pandemic is an unfolding human tragedy in Kenya it is a global crisis and is one of the greatest impediments to development and social progress. It is eroding development gains, threatening security and destabilizing societies. HIV/AIDS research globally and nationally indicate that, HIV/AIDS affects adults most often at the peak of their productive working years. HIV & AIDS profoundly disrupt the economic and social basis of families. It mainly affects people in their prime years of life, the hardest hit being those in the productive ages of 20 to 49 years. It is also affecting fundamental rights at the workplace, particularly with respect to discrimination and stigmatization of people living with and affected by HIV and AIDS. To respond to this calamity, the Government declared the pandemic a national disaster. Through the sessional paper No.4 of 1997 on AIDS in Kenya, the Government put in place a national policy and defined an institutional framework and intensified intervention measures for the prevention, management, control and mitigation of impact HIV/AIDS. County Council of Busia workforce has not been spared by the HIV/AIDS pandemic and in response: the council has developed policy to address this crisis. This policy aims at providing guidance to the management of employees who are infected and affected by HIV/AIDS and prevention of further infections. The policy also defines the Councils position and practices within the community. In addition, it provides roles and responsibility for the management and council staff.

BACKGROUND Although there are no figures for County Council of Busia HIV prevalence, available figures for the whole district indicate that the estimated HIV prevalence include among others; its close location to the busy border with the Republic of Uganda and high rate of rural-urban migration in search of jobs all leading to increased vulnerability of the local urban community to HIV infection The impact of HIV in the urban community has been very devastating result into; increased ill health causing strain on the available health services and reduced labor force, high rate of orphanhood and increased number of street children. The prolonged epidemic has resulted in reduced family income leading to increased poverty at the household level which has often resulted into disputes and breakdown of family structure.

COUNCIL MISSION Vision To be the lead county council in kenya in delivery of services to customers and contribution to economic development Mission To promote the development and utilization of its resources to the best of its abilities in order to offer maximum services to its staff, local community and other stakeholders.

JUSTIFICATION The HIV/AIDS pandemic in Kenya has reached such crisis proportions that it affects every aspect of life. The goal of mainstreaming HIV/AIDS is to ensure that the impacts of HIV/AIDS are addressed and reduced in communities and within the council. HIV/AIDS present the greatest challenge to service provision in the council and have put immense pressure in the workplace. HIV/AIDS has led to absenteeism, reduced performance, loss of skilled and experienced manpower due to deaths, loss of man hours due to prolonged illness, increased stress,stigma and discrimination among others. Consequently, these has resulted in decreased productivity and increased health care costs for both the employer and employees. Busia district being cosmopolitan in nature with district social problems leaves the people living in the community with higher vulnerabilityto the risks of acquiring HIV/AIDS. It is anticipated that the policy will create an enabling environment free of discrimination and stigmatization hence create an enabling enjoyable relationship between workers of County Council of Busia leading to increased productivity. As a result of the negative impact of HIV/AIDS in the workplace, the Council shall provide a policy framework for the prevention, treatment, care and support of the infected and affected employees.

GOAL To create a conducive and enabling environment free from discrimination and stigma for workers who are infected or affected by HIV/AIDS in County Council of Busia. SCOPE This policy sets standards for managing HIV/AIDS in County Council of Busia, associated institutions and the local community at large. The primary target is the staff, councilors and their families while the secondary target will include other workplaces and the local urban community. OBJECTIVES The main objective of this policy is to provide framework to address HIV/AIDS in the workplace. Specifically, the policy aims to: Establish structures to ensure non-discrimination and non-stigmatization of the infected and affected. Set minimum internal requirements for manging HIV/AIDS in the workplace. Guide managers and employees on their respoinsibilities regarding HIV/AIDS. Prevent further HIV infection through preventive programs including community mobilization, awareness raising, training and counseling. Ensure availability of treatment, ccare and support to all County Council of Busia staff, councilors and their families without any discrimination. Mitigate the impact of the epidemic among workers through the provision of psychological support and empowerment of the affected workers and their families. Contribute to national efforts to minimizing the spread and mitigating against the impact of HIV/AIDS. Establish monitoring and evaluation of HIV/AIDS programmes activities at the workplaces

POLICY STATEMENT HIV/AIDS PANDEMIC IS A NATIONAL DISASTER AND IS IMPACTING NEGATIVELY ON THE Kenyan work force in terms of performance and loss of personnel. There is need therefore for a policy that guide interventions for infected workers, affected and uninfected colleagues and families and provide ways of prevention and management to ease the effects of the HIV/AIDS by giving them knowledge through training.

The scourge therefore, requires a multi-dimensional attack and hence the council shall endeavor to put in place all possible measure geared towards containing the spread and effect of the disease at the workplace. The council shall give the necessary care and support for people living with HIV/AIDS among its employees by providing the necessary structures and activities aimed at ensuring nondiscrimination and distigmatization of the infected and affected employees. Through this policy, it is envisaged that council shall take the necessary measures for wellness management by promoting the use of condoms and making them available both at the domicile workplace and workplace away from home for the mobile workers. In addition, the council shall maintain healthy and safe standards, thatwould assist in the prevention of any accidental exposure of uninfected workers in the workplace.

LEGAL AND REGULATORY FRAMEWORK This policy recognizes that effective response to the HIV/AIDS epidemic requires respect for and protection and fulfillment of all rights- human, civil, political, economic, social and cultural. It also requires that the fundamental freedom of all people is upheld in accordance with the Constitution of Kenya and existing international human rights principles, norms and standards. THE KEY PRINCIPLES UNDERLYING ACT CAP.226 The employment Acts sets out the minimum standards applicable for conditions of employment relating to wages, leave, health and contracts of service including termination of the contract. Under the Act, the employer shall provide proper healthcare for his employees during serious illness. The employer can only discharge this function if the employee notifies the employer of the illness. The Act implies that there shall be no discrimination on the grounds of HIV/AIDS status. THE KEY PRINCIPLES UNDERLYING THE POLICY The key principles of the policies have been formulated based on the ILO code of practice on HIV/AIDS and the world of work. Accordingly, implementation of this policy shall adhere to these key principles. Non Discrimination and Equal Treatment Discrimination leads to stigmatization which undermines care and support of those infected and affected and in turn hinders prevention efforts. Therefore:

Non-discrimination campaigns and measures will be promoted through awareness raising on equal treatment and employees rights. Equal employment opportunities shall be granted to all regardless of ones HIV status. HIV status will not be a basis for promotion or other work opportunities such as transfers travel, training, unless there are clear grounds for doing so. HIV/AIDS status should not be cause of termination in employment Discrimination or other forms of harassment on ground of HIV status shall be treated as disciplinary matter.

Confidentiality and Privacy Although knowledge of a staffs status would facilitate resource planning, all staff will have a right of confidentiality on their medical information. Therefore; A staff members HIV status shall always be treated as confidential; individual HIV/AIDS cases will be handled in a discreet and private manner. The County Council of Busia shall ensure that staff medical records are confidential. With the principle of openness and trust, staff will be encouraged to be open about their status. However access to benefits should be pegged to declaration of ones status. A staff willing to declare his/her status can do so to his/her supervisor, personnel officer or any other person of his/her choice. An individual who divulges information about the HIV status of a staff member, without that members consent, shall be subject to disciplinary action. The relevant part of the disciplinary procedures under the existing personnel policy of County council of Busia should be amended accordingly. Therefore, while always respecting individuals right of privacy, Council management shall work towards creating a work environment in which staff will feel free and able to disclose their status that they will not be discriminated against and will be fully supported by colleagues and the management.

Healthy and Safe Work Environment Work environment should be healthy and safe as far as is practicable. Health environment promote good physical and mental health. Therefore, the council will strive to create a healthy environment that promotes good physical and mental health. All staff of Council will be required to comply with regulations and standards to reduce the risk of accidents. Appropriate first aid kits with protective gear incase of accidents involving loss of blood will be provided. Counseling services and reasonable paid time off following occupational exposure. The council will train its staff in occupational safety and health including first aid.

Gender Equality Gender dimensions of HIV/Aids shall be recognized. Women are most likely to become infected and are more often diversely affected by the HIV/AIDS pandemic than men due to biological, sociocultural and economic reasons. The greater the gender discrimination in societies and the lower position of women, are more negatively affected by HIV. Therefore, equal gender relations and the empowerment of women are vital to successful prevention of the spread of HIV/AIDS and enable women to cope with it. Therefore; Exploitation and sexual harassment of women at work will be discouraged since it promotes the spread of HIV/AIDS and will be treated as disciplinary matter. All programmes shall respond to circumstances and needs of men and women separately, as well as together. Information and training shall be provided to all staff and councilors irrespective of gender, nature of employment and HIV status. Training in Gender Mainstreaming and Analysis will be conducted for staff and councilors.

Protection of Rights of The Affected and Infected The rights of those affected and infected will be protected and promoted through awareness raising and enforcement. HIV status should not, under any circumstances, be used as a basis for termination of employment. Staff with HIV related illness should be enabled to continue in employment for so long as they are fit or available for appropriate work. In the case of termination of employment due to extended illness, staff with HIV/AIDS should be accorded the same benefits and conditions that apply to termination due to other serious illness. Extended sick leave or compassionate leave should be arranged for those infected by HIV/AIDS. Existing provisions should be amended to take into account of the situation of staff infected or affected by HIV/AIDS. Working schedules shall include flexible working hours and time off for counseling and medical appointments, part-time and return to work arrangements.

KEY SERVICES Awareness Raising and Prevention A wide range of prevention measures will be promoted and implemented to change staffs attitude and behavior. Council will; Continuously conduct awareness raising programmes and regularly provide updated information on HIV/AIDS. Provide appropriate information for VCT to staff and councilors. Train peer educators and counselors to offer services to the staff and councilors. Involve the PLWHAs in the design and provision of awareness raising activities as means of combating stigma. Promote condom distribution through outlets within the Council e.g Health Units, Bars, Offices, Hotels and other entertainment centers.

Care and Support for Employees and Their Families Council management in collaboration with other service providers shall arrange and encourage staff and councilors living with HIV/AIDS and their families to access treatment including access to ARVs. Create an open and conducive environment such as provision of sick leaves, flexible working hours and earlier retirement on medical grounds and allowing PHAs to work as long as they are fit or available for appropriate work. The council will work with existing service providers to provide care, treatment and support. The council will promote formation of support groups for PHAs within the workplace and the surrounding urban community.

MANAGEMENT OF HUMAN RESOURCE The Human Resource is the most important factor in production in any organization as it controls all others. Success or failure of an organization depends largely on the Human Resource and therefore need to examine the issues that affect it. HIV/AIDS is a major threat to the world of work because it affects the most productive segment of the labour force. In this regard, Council has a particularly important role to play in its response to HIV/AIDS. It is their responsibility to address the problems caused by HIV/AIDS in the workplace at both institutional and individual levels. This policy addresses the following human resource management issues.

Recruitment and Promotion HIV screening shall not be a requirement for staff recruitment or promotion. Sick Leave Sick leave shall be provided for as stipulated in the Councils regulatio ns. However, any additional sick leave days will be decided on case-by-case basis at the discretion of council. Working Hours Normal working hours shall continue to apply for all council employees. However, a more flexible approach maybe applied for those who are infected or affected.

Termination Of Employment The policies and procedures pertaining to termination of the council shall apply to all employees. No employee shall be dismissed or have employment terminated based solely on perceived or actual HIV status. Discrimination and Stigma All employees have the same rights and obligations as stipulated in the terms and conditions of the Council. No employee or job applicant shall be discriminated against in access to or continued employment, training, promotion and employee benefits on the basis of their actual or perceived HIV status. Benefits The council and its employee representative shall ensure that the following benefits are nondiscriminatory and available to the affected and infected employees. Additional sick leave days that will be determined by the employer on a case basis. The council will establish support structures such as; trained counselors and referral system wherein employees can feel safe to be counseled. No employee shall be dismissed or terminated based solely on his/her HIV status. All grievances about issues related to hIV will be handled according to the standard policy that exists within the council to deal with complaints and grievances from employees.

Exposure at Workplace Employees who accidentally get exposed to HIV in course of their duty shall be entitled to immediate Post-exposure Prophlaxis and follow up in the form of treatment incase of infection.

RESPONSIBILITIES Management Responsibility A manager has a responsibility to; Show leadership as part of the Councils campaign to address the HIV pandemic. Establish the necessary structures for the implementation of the policy Implement this policy Continuously disseminate information about HIV/AIDS to all employees.

Employee Responsibility It is the responsibility of the employee to take appropriate action on being informed about HIV/AIDS to protect themselves. All employees must comply with the HIV/AIDS workplace policy All employees are expected to attend, lend support to and participate in all activities aimed at combating HIV/AIDS. It is the moral responsibility of infected employees to take care of themselves and others to avoid re-infection and infecting others.

TRAINING AND EDUCATION Council shall ensure that all employees in the council are trained in HIV/AIDS issues and are in possession of facts relating to HIV/AIDS. This shall be done through regular workshops and briefing sessions. HIV/AIDS PROGRAMMES AT THE WORKPLACE The HIV/AIDS programme in the council will include but not limited to; Awareness creation Prevention Behavior change Care and support Monitoring mechanism

IMPLEMENTATION STRATEGY The ultimate goal of this policy is to ensure that the council is able to sustain the provision of quality service inspite of the challenges posed by HIV/AIDS. The success of this policy will therefore depend on its effective implementation and coordinated effort of stakeholders. The implementation andsupervision shall therefore be participatory, involving all key stakeholders operating in the council, staff living with HIV/AIDS, councilors and communities in order to own the policy, feel responsible and hence successful implementation. The overall supervision of the policy implementation will be the responsibility of the council. The clerk is responsible for ensuring that this policy is properly distributed in the offices and that every employee has received a copy of the policy.

MONITORING SYSTEM In order to monitor the progress of the policy implementation, council will develop a monitoring mechanism with key indicators for each of the set objectives council will carry out regular monitoring to assess the progress.