Section 7(a) of the Employment of Women Law established that a woman who miscarried is entitled to be absent from work for a week after the miscarriage.
- If the miscarriage caused a health situation that requires a longer absence, the employee is entitled to be absent for as long as the doctor prescribes, up to a maximum of 6 months.
- Absence from work because of a miscarriage is calculated like other sick related absences and the employee is entitled to receive her pay accordingly. For more information see Sick Days.
- According to section 9(f) of the Employment of Women Law, the employer is forbidden from firing the employee while she absent because of a miscarriage.
- In a case where an employee was out of work because of a miscarriage, and her employer is interested in firing her, her absence because of the miscarriiage is not counted as part of the calculation of advanced notice time period.
- Section 9a of the Employment of Women Law established that the scope of the job and the wage amount can not be decreased during her period of absence.
- A woman who gave birth to a dead fetus (stillbirth) or went through pregnancy termination after 22 weeks, is entitled to the majority of rights that are given to a women to give to live babies.
- For more information see Rights of a Woman and her Spouse After a Still Birth
Who is Eligible?
- A woman that suffers from a miscarriage:
- Section 39 of The National Insurance Law defines "birth" as a giving birth to a living infant (at any week of pregnancy) or birth after 22 weeks of pregnancy.
- Accordingly, the accepted interpretation is that women who have a miscarriage or termination of pregnancy after 22 weeks are considered to have given birth, and are entitled to the same legal rights and protections that women who have give birth to a live baby (such as a Maternity Grant, Maternity Leave and Maternity Allowance (Maternity Pay)) are entitled to, with the exception of rights that are related to caring for the child (such as resignation and splitting the maternity leave with a spouse) . In contrast, women who have a miscarriage or termination of pregnancy during the 22nd week or before are not entitled to maternity rights, but are entitled to the rights listed on this page.
How to Claim It?
- The right is given automatically
- If a woman was unlawfully fired during her period of absence after a miscarriage, the dismissal is considered as if it didn't happen and the woman is entitled to sue for monetary compensation from her employer for the amount of her salary and the benefits that she is entitled to; as if the employee-employer relationship continued and she was never fired.
- In certain cases (such as when a fetus dies before birth after the 20th week of pregnancy or if the fetus dies before the 20th week but weighs over 500 gram) the parents are given the option of choosing between a separation ceremony or being involved in the fetus's funeral and burial. For more information see The Right for Parents to be Present at a Burial Ceremony after a Pregnancy Loss.
- In a case that the fetus died before birth, the mother has the right to have the fetus removed as soon as possible and in any case in no more than 3 days from the time the loss was discovered.
Laws and Regulations
English translation and maintenance by The Shira Pransky Project.