Department of the Interior
Departmental Manual
Effective Date: 03/23/95
Series: Personnel Management
Part 370: Departmental Human Resources Management Program
Chapter 792,8: Federal Employees Health and Counseling Programs, HIV/AIDS in the Workplace
Originating Office: Office of Personnel, Office of the Secretary
370 DM 792,8
1. What Is HIV/AIDS?
Acquired Immune Deficiency Syndrome (AIDS) is an infection resulting from the presence of the Human Immuno-Deficiency Virus (HIV). As the virus becomes more active, the body's immune system begins to fail and the person is likely to develop infections, malignancies, or other health problems, which lead to the diagnosis of AIDS. Only through education and prevention can we stop its spread. As HIV/AIDS research continues, and individuals with HIV/AIDS live longer productive lives, there is an increased likelihood of working with an employee living with AIDS.
2. What Am I Entitled to If I Have HIV/AIDS?
As an employee, I
o Will be treated in the same non-discriminatory manner as any other employee with a similar chronic illness.
o Will be subject to the same conduct and performance requirements as other employees.
o Am covered by the same legal protections as other employees with disabilities.
o Am entitled to the protections of the Privacy Act.
o May request sick or annual leave or leave-without-pay to pursue medical care or to recuperate from the effects of my medical condition.
o May be eligible for disability retirement if my medical condition warrants and I have the requisite years of Federal service to qualify.
o May have my ability to perform job duties evaluated by an appropriate medical authority.
3. What Are My Responsibilities As a Supervisor or Manager Towards Employees With HIV/AIDS?
As a supervisor or manager, I will
o Make decisions with respect to entitlement to reasonable accommodation and implement such decisions in accordance with the Rehabilitation Act of 1973 (29 U.S.C. 794). The reasonable accommodations may include changes in work assignments such as job restructuring, reassignments, liberal leave or flexible work schedules to the extent permitted under the Rehabilitation Act.
o Address situations, through counseling and other means, where fellow employees express reluctance or threaten refusal to work with HIV/AIDS employees.
o Grant leave in the same manner as I would for other employees including any leave entitlements under the Family and Medical Leave Act (Public Law 103-3) and the Federal Employees Family Friendly Leave Act (Public Law 103-388).
o Obtain medical information on a need-to-know basis when necessary for making and implementing personnel management decisions.
4. What Role Does The Department Play When An Employee Has HIV/AIDS?
The role of the Department of the Interior is to:
o Comply with all requirements of the Occupational Safety and Health Administration (OSHA) Occupational Exposure to Bloodborne Pathogens Standards (29 CFR 1910.1030).
o Upon request of the employee, provide referrals to community testing and counseling services, treatment and other resources as appropriate through the Department and bureau Employee Assistance Programs (EAPs).
o When appropriate, provide counseling to employees who have apprehensions or other related concerns regarding the communicability of the disease.
o Take appropriate action when employees threaten or disrupt the organization's work by reluctance or refusal to work with HIV/AIDS employees.
o Implement ongoing HIV/AIDS education and prevention programs as appropriate.
o Negotiate, as appropriate, the impact and the implementation of this policy on a local level, or work through the labor-management partnerships with union representatives.
03/23/95 FPM-408
Replaces 03/24/89 FPM-381