Do I have to disclose to my boss if I am vaccinated?

The labour department published new legislation this week, strengthening employers’ powers to require their workers to disclose their vaccination status and produce proof of vaccination.

The Code of Practice for Managing Exposure to Sars-CoV-2 in the Workplace 2022 was gazetted by employment and labour minister Thulas Nxesi, and limits the grounds on which employees may refuse to get jabbed. It will come into effect at the end of the national state of disaster, which was extended on Tuesday to April 15.

The code says “every employer must take measures to determine the vaccination status of their workers and requires workers to immediately inform their employer if they experience any of the symptoms associated with Covid-19”.

If you develop Covid-19 symptoms, your boss may require you to take a Covid-19 test before returning to work. However, this does not apply if you develop symptoms within three days of getting the vaccination.

The code also gives weight to mandatory vaccinations in the workplace and requirements to present a vaccine certificate.

“Every employer must undertake a risk assessment and, on the basis of the risk assessment, develop or amend its existing plan to any measures to be implemented in respect of the vaccination of its employees and, taking into account the intervals between vaccinations, the dates by which the employees must be fully vaccinated”.

In line with this risk assessment, your boss is allowed to remind you of the “obligation” to be vaccinated and provide support, including time off and transport, to help you get the jab.

“In giving effect to this code, an employer may require its employees to disclose their vaccination status and to produce a vaccination certificate,” it adds.

If you produce a medical certificate showing you have symptoms or a condition that makes getting the vaccine harmful to you, your boss may refer you for a medical evaluation at their expense.

“If the employer accepts the medical certificate or the employee is referred for medical evaluation and that evaluation confirms that the employee has contraindications for vaccination, it must accommodate the employee in a position that does not require the employee to be vaccinated.” it adds.