Sick Days Due to an Ill Child (Right)

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

הקדמה:

Employees are entitled to use up to 8 accrued sick days per year to care for an ill child younger than 16
Employees are entitled to take up to 90 days (and up to 110 days in certain circumstances) of absence per year in order to care for a child younger than age 18 with a malignant disease or on dialysis, at the expense of their accrued sick or vacation days), whichever they choose
If both parents share their days of absence, for the purpose of calculating sick pay sick days are counted from the first day of absence of the first parent and not for each parent separately
  • The Sick Pay Law (Absence Due to a Sick Child) establishes that employees are entitled to use up to 8 absent days per year in order to care for an ill child younger than age 16, on account of their accrued personal sick days.
  • Payment for sick days due to an ill child is the same as sick pay for the employee him/herself. This means no payment for the first day of absence, 50% pay for the second and third days, and 100% for the fourth day and onward. For more information, see: Sick Pay.
  • An employee is entitled to charge up to 90 days absence per year (up to 110 days in some cases) due to malignant diseases or a disease that requires dialysis treatment of a child under the age of 18, on the count of his sick days or vacation days - according to his choice.
  • An employee who is a parent or the guardian of a child or adult with disabilities is entitled to be absent from work for 18 days per year (and in certain cases up to 36 days per year) to provide personal care to the child, if the assistance requires the employee to be absent from work. For more information, see: Sick Days for a Parent to Care for Offspring with Disabilities.

Who is eligible?

  • An employee whose spouse is one of the following:
    • an employee who has not been absent from his/her place of employment at the same time under the same eligibility.
    • an independent worker who was not absent from his/her place of employment at the same time under the same eligibility.
  • If one spouse is absent from work for any reason not related to the child's illness, for example due to: Mourning Period or Maternity Leave or Sick Days Due to an Ill Parent) The other spouse will be able to take advantage of utilizing the right of sick days due to an ill child, even though the spouse is absent from work during that period.
  • If an employee who is a foster parent is eligible on the condition that the biological parents or adopted parent did not utilize this right in the same time period.

An Employee who is a Single Parent

  • An employee who is a single parent, or if the child is in his/her sole custody, is eligible to be absent from his/her workplace due to the child's illness, on the account of his/her accumulated sick days, up to 16 days of absence a year. For further information, see: Sick Days Due to an Ill Child for a Single Parent.

An Employee whose Child is Sick with a Malignant Disease or requires Dialysis

  • An employee whose child is not yet 18 years of age, and has worked at least one year by his/her current employer, is eligible for up to 90 days of absence within a year for a child with a malignant disease, on account of sick days or vacation days (whichever the employee chooses) that he/she is eligible for.
  • The employee is eligible for up to 110 days of absence a year for a child with a malignant disease, in either of the following cases:
    • the spouse of the employee has not been absent from employment because of caring for the child
    • the employee is a single parent

Receiving Sick Pay

  • According to the Sick Pay Act, the first day of the period of absence (and in any one day absence), the employee will not receive any payment or salary.
  • On the second and third day during this period of absence, the employee is entitled to receive half of his/her daily wage, and from the fourth day onwards the employee is to be paid a regular wage, as if he/she has not been absent from work.
  • If the workplace operates under a collective agreement or a contract that grants full salary from the first day of absence, the employer shall act under the conditions of that contract.
  • An employee who has not received entitled payment for sick leave may claim compensation from the employer.
  • An employer may not dismiss an employee during the absence of which the employee is eligible for sick pay.
  • For more information, see Sick Pay.

Sick Pay when both parents share the days of absence from work

  • According to an amendment in the law on 04.08.2016, if both parents share the days of absence due to a sick child, for the purposes of calculating sick pay, sick days are counted from the first day of the first parent absenteeism and not counted for each parent separately.
Example:
If one parent is absent on the first day a child's illness and the other parent is absent on the second day of the illness, the parent receives the second day sick leave at the rate of 50% (though it was the second day of absence), although in practice this is a day of absence is his first (which do not pay sick pay under the law).
Example:
  • A child was sick for four days.
  • The first parent is absent from work for the first two days of illness and the other parent is absent for the next two days (ie. the third and fourth days of illness)
  • The first parent is considered to be absent by the first sick day (which do not pay sick pay) and the second day of the illness (which receive sick pay of 50%).
  • The other parent is considered to be absent on the third day and fourth of the illness, and will be entitled to sick pay of 50% for the first day of absence (ie the third day of the illness) and sick leave at the rate of 100% for the second day absence (ie the fourth day of the disease).
  • Counting sick days begins on the first day of the first parental absence and will be a separate calculation for each employee, each parent must inform their workplace of their absence and of the other parent and attach a copy of the declaration submitted by the other parent workplace (see the Regulations ).

How to claim it?

  • The right is given automatically by the employer.
  • Before paying sick pay, employers may require:
    • medical documentation attesting to the child's illness,
    • as well as documentation confirming that the employee's spouse did not take sick days for the same period.
    • If both parents were absent from work and want to claim alternate days of sick leave, the count begins from the first day of absence and will be separate calculation for each parent, each parent will inform his workplace on the absence of the other parent and attach a copy of the declaration submitted by the other parent at their workplace.

Please note

  • An employee who was not paid for sick leave is entitled to claim compensation from the employer.
  • An employer may not fire an employee who was absent due to an ill child for a period of time to which s/he was entitled to receive sick pay.


  • If a parent has utilized all days of absence prescribed by law, but needs additional days of absence, they are able to utilize vacation days accrued and not yet utilized for the purpose of this absence. Generally, vacation days require the consent of the employer, employer should consider the request of the employee in a purposeful manner and may refuse a request only logical and reasonable grounds. For more information see annual leave.
  • Employees may take one day off on account of accumulated annual leave as a day of choice, and so at the time of choosing at will. For this purpose the employee to notify the employer at least 30 days in advance, and the employer is not entitled to refuse to vacation at that time. For more information, see |holidays to choose from.
  • Additionally, the employee and employer are entitled to agree on a longer absence at the expense of sick days and vacation days to be accrued in the future by employee (employer does not have to accept it) and may agree on a leave of absence.
  • An employee who resigned due to the illness of a child may be entitled to severance pay. For more information see severance pay to the employee who resigned due to ill health or that of a family member.

Aid organizations

  • Click here for detailed information about employment assistance organizations.

Government agencies

Click here for a comprehensive list of government agencies responsible for employment and worker's rights.

Laws & Regulations

Sources

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