Illness at work: Employers and employees urged to familiarise themselves with the law
Experts say fear and poor communication often prevent employees from getting the support they need when they become ill.
Following a recent tragedy at a company in Rosebank, much attention has been shone on how illness is handled in South African workplaces, with health experts encouraging employers and employees to know their legal rights and responsibilities before an emergency occurs.
According to Workforce Healthcare, fear and lack of communication make workplace illness very difficult to manage, and this leads to negative repercussions for both employers and employees.
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Dr Robin George, senior occupational medicine practitioner and national operations manager at Workforce Healthcare, said in most cases employees are often hesitant to speak up about their health conditions because they fear losing their jobs, while employers and managers may not be sure of what to ask and how they can legally be of help to employees.
“When an employee becomes unwell, it can cause a tricky breakdown of communication, trust and process on all sides; early disclosure is almost always in an employee’s interest because it activates the support structures available and improves the chances of a successful return to work,” said George.
Under the Basic Conditions of Employment Act, employees have a right to paid sick leave, while the Occupational Health and Safety Act requires employers to provide a safe workplace that does not cause harm to employees.
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The Employment Equity Act also protects employees from discrimination based on illness. Employers are not allowed to dismiss an employee because they are sick and must first consider all reasonable alternatives before dismissing an employee on health grounds.
Workforce Healthcare advises organisations to have management policies on workplace illness; these should include procedures for referring employees to an occupational medicine practitioner, accessing employee wellness programmes, managing long-term illness and disability benefits, and ensuring appropriate communication between doctors and employers.
George stated that many employers wait too long before pursuing professional help when it comes to illness at the workplace, making it harder for employees to know what to do and what not to do.
“The earlier you bring in the right expertise, the better the outcome for everyone.”
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The organisation also noted that fear is one of the biggest barriers hindering effective illness management.
George explained that occupational medicine practitioners operate under confidentiality rules and provide employers with fitness-to-work assessments rather than employees’ medical diagnoses.
Workforce Healthcare urges employers to evaluate their workplace illness policies, ensure managers understand what they are legally obligated to do and create environments where employees feel comfortable talking about their health concerns.
Employees who believe their workplace rights are not being prioritised are encouraged to seek professional help.
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