Sick Days (Right)

From All Rights (Kol-Zchut) (www.kolzchut.org.il)

הקדמה:

An employee is entitled to be absent from work due to illness 18 days per year
An employee who is absent from work due to illness is entitled to payment from his/her employer beginning from the second day of absence (regardless, the deduction is from the first day of absence due to illness). For more information regarding payment, see Sick Pay
An employee may use his/her sick days to care for a family member
An employee can not redeem unused sick days for money, unless the employment agreement or the collective agreement stipulates that he is entitled to do so
For more information, see section 4 of the sick pay law


Sick days are a right given to employees who are absent from work due to illness. Illness is defined by law as a temporary or permanent incapacity of an employee to work caused, according to medical findings, by a medical abnormality

  • The right to sick leave is guaranteed by the Sick Pay Law.
  • An employee who is absent from work due to illness is entitled to sick pay from his/her employer beginning from the second day of absence.
    • Regardless, the deduction is from the first day of absence due to illness.
    • For more information regarding payment, see Sick Pay.
  • Employers are forbidden from firing an employee who was absent from work due to illness for a period of time to which that employee is entitled according to the relevant accrued sick days.

Accumulation of Sick Days

  • Employees may accumulate eligibility for payment of 1.5 sick days for each month of full-time work at the same employer or workplace (meaning 18 days per year); however, they may not accumulate more than 90 days. In several occupations it is possible to accumulate 2 days of sick leave for each month of work. For further details, see the extensions section.
  • For employees who have not worked for the same employer or at the same workplace every workday that month (such as part-time employees, employees who began working in the middle of the month, and hourly/daily workers), the accumulation of sick days for each workplace will be calculated as follows:
    • In a workplace where the work week is 5 days long: (Number of actual workdays in that month/21.66) x 1.5

Number of actual workdays in that month/5 X ‏ 1.5

    • In a workplace where the work week is 6 days long:

Number of actual workdays in that month/21.66 X ‏1.5


Example:

Employee at a workplace where a 5-day work week is the norm

  • In the month of August the employee worked for the employer 10 days.
  • The employee accumulated that month 0.69 sick days, according to the calculation: 1.5 x 10/21.66=0.69.
Example:

Employee at a workplace where a 6-day work week is the norm

  • In the month of August the employee worked for the employer 10 days.
  • The employee accumulated that month 0.6 sick days, according to the calculation: 1.5 x 10/25=0.6.
  • If these workers are employed in a place that entitles them to 2 days of sick leave per month (see details in the Expansions section below), their sick days will be calculated similarly, but the number of working days in that month should be multiplied by 2, not 1.5.
Example:

Employee at a workplace where a 5-day work week is the norm

  • In the month of August the employee worked for the employer 10 days.
  • The employee accumulated that month 0.92 sick days, according to the calculation: 2 x 10/21.66=0.92.
Example:

Employee at a workplace where a 6-day work week is the norm

  • In the month of August the employee worked for the employer 10 days.
  • The employee accumulated that month 0.8 sick days, according to the calculation: 2 x 10/25=0.8.

It is possible to accumulate sick days from year to year up to a maximum of 90 days. In certain circumstances if there are special agreements or arrangements one may be able to accumulate even more sick days.

Utilizing accumulated sick days

  • An employee who is absent from work due to illness will be able to take advantage of the sick days he has accumulated, and during his absence he will be able to receive Sick Pay.
  • During this absence using accumulated sick days, the employee can not be fired.
  • Sick days that were not utilized during the term of employment with a certain employer may not be carried over to a different employer. Additionally if an employee stops working at a place and then begins again at a different point, his accumulated sick days are not saved.

Sick Leave to Care for a Family Member

Who is eligible?

  • The entire working public.
  • Different sectors, such as public servants, have additional rights beyond the basic entitlement detailed on this page.

How to claim it?

  • The right is given automatically by the employer.
  • In order for an employee to be eligible for Sick Pay, he must present to his employer a Certification of Illness, signed by a doctor, that indicates the time during which the employee was unable to work because of his illness (if he is still unable to work, the certificate should also include the approximate time period he won't be able to work).
  • Employees absent from work because they are caring for a child, spouse or parent, should submit the relevant certifications as explained on the relevant pages
  • An employee whose employer denied him this right may sue for compensation according to the Sick Pay Law.
  • The employer is not entitled to deduct employee vacation days instead of sick days available to him (unless the employee requested it).
  • If an employee is absent from work due to illness after having already used all the sick days he accumulated, there are several possibilities:
    • The employer is entitled (but not obligated) to pay Sick Pay on account of the sick days that the employee will accumulate in the future if the employee is interested.
    • The employee may request that the absence be deducted from the annual vacation days he accumulated.
    • The worker may ask the employer to leave for unpaid leave.

Redeeming sick days

  • An employee can not redeem unused sick days for money, unless the employment agreement or the collective agreement stipulates that he is entitled to do so.

Please note

  • An employer may not dismiss an employee who is absent due to illness (his illness or a relative's, in cases where the law or labor agreement allows utilizing sick leave) during the period in which the employee is entitled to receive sick pay. For more information, see Prohibition of Firing an Employee Who Was Absent from Work Due to Illness.
  • The employee may not give up the right for sick pay or consent to such an agreement based on a misunderstanding or pressure from the employer. This agreement would have no binding force.
  • The employer is forbidden to remove sick days accumulated by the employee, except for sick days actually utilized by the employee.
  • In the following cases, the employee may choose whether to record the days of absence at the expense of the sick days accrued to his credit or at the expense of the vacation days due to him:

Extensions

Occupation Extension Specific Entry
Contract workers
  • Contract workers in the private sector accrue 2 sick days for every month of work, meaning 24 sick days per year (this is 6 days more than what is guaranteed by the Sick Pay Law). Contract workers are entitled to accumulate up to 130 sick days with the same contractor (40 days more than what is guaranteed by the Sick Pay Law).
  • Contract workers in the public sector will accumulate the number of sick days prescribed by law or by a collective agreement that applies (if applicable) to the workplace where they are actually employed - whichever is higher.
Sick days for contract workers (employment agencies)
Security guards and workers According to Section 11 Expansion Order in the Security Branch 2009 and Section 14 Expansion Order in the Security Branch 2014, security guards and workers accrue 2 sick days for every month of work, meaning 24 sick days per year; they are entitled to accumulate up to 130 sick days. Sick days for security guards and workers
Halls and Event Gardens Hall and event workers with seniority (vetek) of over two years will accumulate 2 sick days per work month, i.e. 24 sick days a year. Employees with a lower seniority will accumulate 1.5 sick days per work month. All workers may accumulate up to 90 days of sick leave. Sick days for hall and event garden workers
Employees in the hotel industry According to section 33 of the extension order in the hotel industry industry employees who began work before 01/07/2004 are entitled to sick pay from the old insurance fund. Employees hired after that date accumulate sick leave as follows: From 1 to 12 months of work - two sick days per month of work (up to a maximum of 24 sick days per year), 13 to 36 months of work - 66 days of sick leave, from 37 to 84 months of work - 110 days of sick leave, 85 months of work or more - 220 sick days.

Court Rulings

Aid organizations

  • Click here for detailed information about employment assistance organizations.
  • Click here for a listing of aid organizations in the area of health.


Government agencies

Government Agency Areas of Responsibility Topics
Ministry of Economy The Ministry of Economy is responsible for all areas related to employment. All workers' rights relevant to the Ministry of Economy.
Administration of the Regulation and Enforcement of Labor Laws Regulating the labor market and enforcing labor laws to actualize workers' rights, identifying violations and reducing the harm to salaried employees at low wage levels. Labor laws that protect workers' rights.
Equal Employment Opportunity Ombudsman The ombudsman is responsible for enforcing all regulations related to equality at work and treatment of cases where forbidden discrimination occurred. Equal employment opportunities, Working women
The Employment of Women Law Ombudsman Enforcing The Employment of Women Law. Equal employment opportunities, Working women
Equal Rights for Persons with Disabilities Ombudsman The ombudsman operates under the Ministry of Justice to assist people with disabilities. All rights relating to people with disabilities, particularly with regard to employment.
The Center for the Integration of People with Disabilities into the Labor Market The center operates within the framework of the Ministry of Economy for the full integration of persons with disabilities into the labor market, both as employees and as self-employed. Employment of People with Disabilities
Commissioner of Foreign Workers Rights at work Protection of employment rights of foreign workers in Israel Foreign workers' rights
Legal Aid Division - Ministry of Justice Providing advice and legal assistance at no cost for people with low income. Workers' rights, Discrimination at work, Sexual harassment at work, Foreign workers' rights
Employment Service The Employment Service is a governmental body in the Ministry of Industry, Trade and Labor responsible for the regulation of the labor market in Israel, in areas such as: job placement services, job market research in Israel and working with the National Insurance Institute in identifying eligibility for various benefits. Finding employment offices, Stabilization of employment , Committee to examine working capability
The National Insurance Institute The institution responsible for the payment of pensions and benefits to which the working public are entitled. Health-Related Employee Rights, Working women, Termination of employment
Authority for the Advancement of the Status of Women Proper representation of women in public bodies, senior positions and positions of influence. Equal employment opportunities, Working women
Income Tax Responsible for collecting taxable income from workers. Workers' wages and components
Israel Institute for Occupational Safety and Hygiene Advises and assists in the promotion of occupational safety and hygiene. Safe working environment, Working conditions


Laws & Regulations


Sources

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