Hebrew source: העסקת עובד זר לטיפול בילד נכה
From All Rights (Kol-Zchut) (www.kolzchut.org.il)
Families receiving a Disabled Child Benefit are eligible in some cases to hire a foreign worker to care for the child
The work permit is valid for 3 years
Every employer and foreign worker must register with a private agency licensed by the government to employ foreign workers in the nursing care professions
Families receiving a Disabled Child Benefit are eligible to apply for a permit to employ a foreign worker to care for their child.
Who is eligible?
- An employment permit may be granted if, in addition to the Disabled Child Benefit and it is demonstrated that one of the following circumstances applies:
- The child learns in a special educational framework with someone to help care for him/her physically.
- The child needs constant accompaniment or supervision for most of the day due to a disability, and is unable to participate in educational/therapeutic/afternoon childcare programs.
- There are other special medical circumstances that they require daily, including intensive and prolonged care for the child when he/she is at home. (For example if the child needs treatment during the night hours or in cases of an autistic child.)
- A family which has two children who are eligible for a disabled child benefit, requiring supervision or accompaniment, are eligible for a permit to employ a foreign worker to take care of both children.
How to claim it?
- Permits must be obtained from the Population, Immigration and Border Authority.
- For more details regarding the process, see: Obtaining Permits to Employ a Foreign Worker as a Personal Care Assistant.
- The application for the employment permit to care for a child with disabilities include the following:
- Approval from the school or kindergarten where the child is registered for the usual hours the child spends in an educational institution.
- Reviews from social welfare services that support the reason for the request.
- An updated review of the attending physician professional for the child.
- Minutes of the Medical Committee meeting where the request for a disabled child benefit was discussed.
- An affidavit (Form D) signed before a lawyer.
- Confirmation about the child's eligibility for disabled child benefit will be transferred directly to the National Insurance Institute to the permits department. There is no need to enclose the request (conditional on the signature of the parents/guardian on a waiver of medical confidentiality).
Employing a Foreign Worker through a Private Agency
- Every foreign worker and every employer must be registered with a private agency,licence holder and new permit for the nursing industry.
- Private agencies may not charge any fees to employers or employees for alien registration. Agencies may charge up to 70 NIS a month from the employer for the services it must provide, such as quarterly visits, assistance in solving employment issues, assistance in arranging insurance and extension of validity of permits and visas, etc.
- Agencies may charge up to 2,000 NIS from the employer in the case of mediation/placement of a foreign worker in the new job. For more information see the Population and Immigration Authority policy.
- If the employer dismissed the employee, or the employee has left the employer - the employer must report it to the agency.
- If the employee receives a new job, they must receive a letter of new employment to the agency.
- Work permits cannot be extended without employers and employees becoming incorporated.
Extending a Permit
- Permits are valid for 3 years from the date of issue and then must be renewed.
- Requests to extend the permit are granted for a maximum period of extension without the need for additional testing under the following two conditions:
- The child is eligible for the disabled child benefit at a rate of at least 100%.
- An affidavit confirming that the child is not living in an institution was attached to the request.
Financial estimates prior to the end of a transaction
- When the employment relationship between the patient and the foreign care worker ends, the employee is entitled to financial compensation and other rights, which may amount to a significant amount of money, even if the employment period is shortened. It is recommended that the family make arrangements to avoid those circumstances through appropriate financial preparations such as saving money in advance for future payments requirements. For more information see Rights of a Foreign Worker whose Employer Terminated or the Patient was Hospitalized or Died.
- The foreign worker may only be employed in nursing care, and only for the types of work defined in the work contract as indicated in the employment permit.
- The foreign worker's passport must be valid for at least 18 months.
- For a comprehensive categorized listing of aid organizations offering assistance and support for people with disabilities, click here.
Laws & Regulations
- Foreign Workers Law
- Population and Immigration Authority Procedure no. 9.2.0002- Treatment of a request to receive a new or extend a permit to employ a foreign care worker.
- Population and Immigration Authority Procedure no. 9.2.0001 - guidelines for private agencies that bring in, hire out and care for foreign workers in the nursing industry.
- Original information on this page is from ALUT's The Booklet of Rights for Children on the Autism Spectrum
- Original translation performed by The Shira Pransky Project as part of a grant from The Fellowship Fund.