EOHCB: UIF Ters Update

Dear EOHCB Member,

The Minister of Employment and Labour, Thembelani Waltermade Nxesi, issued a direction on 20 April 2021 to pay TERS benefits only to employees who are contributors to the Unemployment Insurance Fund (UIF) effective as of 16 October 2020 to 15 March 2021 in the event that:

1. An employee has been in contact with any person who has tested positive for COVID-19 (high-risk contact).

2. An employee is a vulnerable employee (known or disclosed health issues or comorbidities or any other condition that may place the employee at the higher risk of complication or death than other employees if infected with COVID-19 or above the age of 60 who is at higher risk of complications or death if infected.

3. Employees whose employers are not permitted to commence operations, either partially or in full and who operates in a sector specified in Annexure A.

4. Employees whose employers are unable able to make alternative arrangements for vulnerable employees (refer to point 2 above) to work from home or take other measures to reduce risk of exposure in the workplace as contemplated in clause 20.3 of the Consolidated Occupational Health and Safety Direction issued 2 June 2020, irrespective of whether the employer operates in a sector specified in Annexure A or not.

5. Employees whose employers are unable to make use of their services either fully or partially because of operational requirements based on economic, technological, structural or similar needs to the employer caused by the need to limit the number of employees at the workplace through rostering, staggering of working hours, short-time, and the introduction of shift system.

6. Employees who are required to ensure that they remain in isolation or in quarantine as a high[1]risk contact, irrespective of whether the employer operates in a sector specified in Annexure A or not. Reduced work time benefits (normal UIF benefit): Subject to the availability of sufficient credits, contributors (employees) whose employers do not operate in the sectors set out in Annexure A and whose employers are unable to make use of their services either fully or partially, shall be entitled to a reduce work time benefit in accordance with section 12(1B) of the Unemployment Insurance Act.

Application for benefits:

The period which an employer/employee may claim for is 16 October 2020 – 15 March 2021. At the time of this communication to our members, applications up to 31 December 2020 is being accepted and processed by the UIF. In order to prove than an employer is unable to make alternative arrangements for vulnerable employees to work from home or take alternative measures, and to prove that an employee is in quarantine or isolation and is entitled to benefits the following is required of the employer and must be submitted to the National Institute of Occupational Health:

1. Each employee’s vulnerability status for serious outcomes of a COVID-19 infection;

2. Details of the COVID-19 screening of employees who are symptomatic;

3. Details of employees who test positive in terms of a positive laboratory test for the COVID-19 virus

4. Details of employees identified as high-risk contacts within the workplace if a worker has been confirmed as being positive;

5. Details on the post-infection outcome of those testing positive, including the return-to-work assessment outcome;

6. The employee monthly UIF declaration returns by the employer will confirm loss of income and thus inability to make alternative arrangements for the affected employees.

Annexure A is below: