Category Archives: Employment

If I tell my boss that I’m positive, will it be kept confidential?

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There are no effective privacy protections for information provided to an employer. Employers have a general duty to maintain employee confidentiality. In practice, though, if your employer breaches the duty there may be no way to get a satisfactory remedy. Consider very carefully before disclosing your HIV status, because once you have disclosed, you cannot take the information back. While your current boss or supervisor... Read more

I’m worried about infecting other people at work, should I tell my workmates or my boss?

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Apart from the exceptions listed above, you do not need to disclose your HIV status to your employer. Employers have a duty to protect the health and safety of their employees, and employees also have a duty to protect their own health and safety, and to avoid adversely affecting the health and safety of others in the workplace. Your employer should ensure that Standard Precautions are used if blood or other bodily fluids... Read more

I’m taking a lot of sick days. Do I have to tell my employer that I’m HIV positive?

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You do not need to disclose your HIV status to your employer. Additionally, there is no requirement that your doctor disclose your HIV status on your medical certificate for sick leave. You can ask your doctor not to specify your HIV status on your medical certificate. Note as well that you have no privacy rights in relation to information provided to your employer. Source: HIV/AIDS Legal Centre, Sydney... Read more

What are the exceptions to HIV disclosure in the workplace?

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Health care workers: Only those nurses, dentists and doctors who perform exposure Prone Procedures (ePPs) have to know and disclose their HIV status. EPPs include procedures performed in a confined body cavity where there is poor visibility and a risk of cutting yourself with a sharp tool, or on a tooth or sharp piece of bone. This restriction particularly affects surgeons, operating theatre nurses and dentists. ... Read more

Do I have to tell my employer or prospective lawyer about my HIV?

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No, you are not obliged to tell an employer or prospective employer that you are HIV positive unless you work in one of the jobs outlined in the exceptions section below. A prospective employer can only lawfully discriminate against employing you based on your HIV status (or the side effects of its treatment) if you are unable to perform the basic requirements of the job. There are very few jobs where this is likely to... Read more