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Supplemental Guidelines on the Implementation of Safety and Health Measures for the Prevention and Control of Tuberculosis in the Workplace (Labor Advisory No. 21, series of 2023)

Photo from Unsplash | Towfiqu barbhuiya

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE:

Pursuant to Labor Advisory No. 21, series of 2023, the following are the encouraged work accommodations and arrangements the employers should provide for their employees diagnosed with tuberculosis:

  1. Paid leave benefit on top of existing leave benefits under the company policy, collective bargaining agreement, the Labor Code of the Philippines, and special laws;
  2. Flexible work arrangements, re-scheduling of work hours, and adoption of other work arrangements, including telecommuting; and,
  3. Other benefits.

Labor Advisory No. 21, series of 2023, covers all employers and employees in the private sector. Employers and their employees shall have a shared responsibility to ensure the effective implementation of policies and programs in the prevention and control of tuberculosis in the workplace.

Work Accommodation and Arrangements

         Employers are likewise encouraged to provide the following work accommodations and arrangements for employees diagnosed with tuberculosis (TB), especially during the usual 14-day infectious phase of the treatment process:

  1. Paid leave benefit on top of existing leave benefits under the company policy, collective bargaining agreement, the Labor Code of the Philippines, and special laws;
  2. Flexible work arrangements, re-scheduling of work hours, and adoption of other work arrangements, including telecommuting; and,
  3. Other benefits.

Confidentiality of Records and Reporting Requirements

         Medical records of concerned employees shall be handled in accordance with Republic Act No. 10173 to prevent unauthorized access, accidental or unlawful destruction, alteration, disclosure, and any other unlawful processing.

         Employers shall submit to the DOLE Regional/Provincial/Field Office, which has jurisdiction over the workplace, the Annual Medical Report (AMR) Form indicating the number of employees who underwent chest x-rays and diagnosed cases of TB.

Read also: Chronic Obstructive Pulmonary Disease Awareness

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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