| (1) | Every employer must in accordance with the measures contemplated in section 5 (1)(b)(i)— |
| (a) | notify the employee identified in terms of section 6(1)(a) of the obligation to be vaccinated; |
| (b) | counsel the employee on the issues related to vaccines in section 7 (1)(c); |
| (c) | permit the employee, at the employee's request, to consult a health and safety representative, a worker representative or a trade union official; |
| (d) | give administrative support to the employees to register and to access their COVID-19 vaccination certificates on the EVDS Portal for SARS-CoV-215; and |
| (e) | give the employee paid time off to be vaccinated and provide transport for the employee to and from the nearest vaccination site. |
| (2) | In giving effect to this Code, an employer may require its employees to disclose their vaccination status and to produce a vaccination certificate. |
| (3) | Should an employee suffer a vaccine adverse event that renders them unable to work, the employer must— |
| (a) | on receipt of a medical certificate, give the employee paid time off to recover if the employee is no longer entitled to paid sick leave in terms of the BCEA or any applicable collective agreement; or |
| (b) | subject to any regulations in respect of a COVID-19 Vaccine Injury No Fault Compensation Scheme16, lodge a claim for compensation in terms of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993. |
| (4) | If an employee refuses to be vaccinated, the employer must— |
| (a) | counsel the employee and, if requested, allow the employee to seek guidance from a health and safety representative, worker representative or trade union official; |
| (b) | take steps to reasonably accommodate the employee in a position that does not require the employee to be vaccinated. |
| (5) | If an employee produces a medical certificate attesting that an employee has contra-indications for vaccination, the employer may refer the employee for a medical evaluation for confirmation at the employer’s expense. |
| (6) | If the employer accepts the medical certificate or the employee is referred to medical evaluation and that evaluation confirms that the employee has contra-indications for vaccination, it must accommodate the employee in a position that does not require the employee to be vaccinated. |
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15 vaccine.enroll.health.gov.za/#/
16 GNR 376 GG 44485 of 22 April 2021.
