Sick Days for a Parent to Care for Offspring with Disabilities (Right)

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

הקדמה:

As of January 2014, a parent or guardian of an individual with disabilities is entitled to miss 18 days per year to provide personal assistance to the individual under their care, at the expense of accrued sick days
In specific cases as detailed below, the employee is entitled to be absent for an additional 18 days at the expense of accrued sick days
While absent from work, the employee is entitled to receive sick pay starting from the first day of absence
To provide personal assistance to the child, the employee is also entitled to be absent from work for up to 52 hours (and up to 104 hours in specific cases) per year without have anything deducted from his/her salary
For more information, see absence from work to provide assistance to someone who is disabled Factsheet from the Commission for Equal Rights of People with Disabilities


According to section 1b of the Sick Pay Law (Absence Due to a Sick Child), an employee who is a parent or guardian of an individual with disabilities is entitled to be absent from work 18 days per year in order to provide personal assistance to that individual, in the event that this assistance requires the employee's absence.

  • These days are taken from the employee’s accrued sick days (or vacation days, according to the employee’s decision).
  • The employee is entitled to up to 18 additional days of absence (a total of 36 days per year) in specific circumstances detailed below in the "Who is eligible?" section.
  • Payment of :
  • In such cases, the employee is entitled to sick pay of 100% of his salary starting from the first day of absence.
  • If the employee is only absent for part of a day, only part of a day will be deducted from the total accrued sick days, and not an entire day.
Example:
  • A given employee's work day is 8.5 hours (from 09:00 to 17:30).
  • Due to the fact that the employee had to help his child with disabilities, he arrived at work at 12:00, meaning he missed 3 hours of work that day.
  • Therefore 3/8.5 of a sick day (0.4375 of a day) will be deducted from his accrued sick days.
  • Additionally, employees are also entitled to be absent from work up to 52 hours per year to provide personal care for their child.
    • In specific circumstances (detailed below in the Who is eligible?) section, employees are entitled to an additional 52 hours per year (for a total of 104 hours per year without having anything deducted from their salary).
    • Employees working less than full time are entitled to less hours in proportion to the number of hours they work (see below)
  • .

    Who is eligible?

    • Employees who have worked with the same employer for at least one year and is one of the following:
      • The parent of an individual with disabilities (according to the definition found in Section 5 of The Equal Rights for People with Disabilities Law);a person with disabilities is a person with a physical, emotional or mental (including cognitive), permanent or temporary that causes a limitation of function substantially in one or more areas of major life.
        • Important to note the entitlement does not apply in cases where the disability is not permanent, and is expected to pass within 60 days after it emerges and it not expected to return. In these cases the parent is entitled to miss work because of his child's sickness (like every parent) in accordance with the conditions outlined in Sick Days Due to an Ill Child.
      • The legal guardian of an individual with disabilities (according to the definition found in The Equal Rights for People with Disabilities Law) as long as no one else takes care of that individual and there are no other guardians claiming this benefit;
      • The foster parent of an individual with disabilities, as long as no one else (including an adoptive parent or natural parent) has claimed this benefit.
    • Employees are entitled to be absent up to an additional 18 days (a total of 36 days) at the expense of their sick days, as well as up to an additional 52 hours per year (a total of 104 hours) without it impacting their salary, in the following cases:
      • The spouse of the employee (who is either salaried or self-employed) was not absent from work for purposes of supervising or being with the individual with disabilities.
      • The employee is a single parent to a child with special needs.
      • The individual with disabilities is found to be under the exclusive care of the employee.

    How to claim it?

    Calculation of hours permitted to be absent relative to scope of employment

    • The entitlement to be absent for up to 52 hours (or 104 hours) per year without it impacting salary is proportional to the employee's position, so an employee who is employed half time, for example, would be entitled to 26 hours per year instead of 52.
    • Such calculations are performed by taking into account the number of monthly hours the employee works as compared to either the number of monthly hours considered to be full-time at the place of employment or 186 hours, whichever is lower.
    Example:
    • An employee works 80 hours per month at her place of employment.
    • If the accepted monthly work hours for a full-time position at that place of employment is 160 hours, then she will be considered to work exactly half time (80 hrs./160 hrs.), and will therefore be entitled to 26 hours per year.
    • In instances based on a 186 hours work month, the employee's position would be considered to be 43% (80 hrs./186 hrs.), and she would therefore be entitled to 22.36 hours per year (43% of 52 hours).
    • If the number of hours the employee works changes from month to month, the calculation will be based on the average monthly hours worked for the quarter in which the employee worked the most hours out of the 12 months that preceded the initial absence from work.

    Prohibition to Fire an Employee during his Sick Days

    • The employer is prohibited from firing an employee who was absent from work due to aiding a sick child, and through the time the employee is eligible for sick pay, as explained on this page.

    Please note

    • The law refers to any individual with disabilities, without an age limitation.
    • The eligibility of the parent is not contingent on the number of children he/she has (for example a parent who has 2 children with disabilities is not eligible to miss double the amount of days as the parent of one child with disabilities).
    • If the individual with disabilities is younger than 16 years old, or if the employee has other children without disabilities who are less than 16 years old, then the sick day count includes sick days to care for an ill child, meaning that the eligibility can only be claimed for one or the other, and not both.
    • The law gives the employee the entitlement to be absent from work (without requiring permission in advance from the employer (as opposed to vacation days).
    • The entitlement to be absent for 18 days (or 36 days) at the expense of accrued sick days, as well as 52 additional hours (or 104 hours) without it impacting salary, are effective as of January 2014.
    • Prior to 2014, the entitlement was to be absent for 15 days (or 30 days) per year at the expense of accrued sick days.
    • Prior to 2014, there was no entitlement to additional hours of absence without salary being impacted (other than normal sick days).

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