Maternity Leave for a Foreign Worker (Right)

Introduction:

A foreign worker that gives birth in Israel is entitled to Maternity Leave similar to an Israeli worker

During her maternity leave, the foreign worker is entitled to Maternity Pay and it is forbidden to fire her

The worker is required to arrange her stay in Israel after she gives birth by request a B2 permit (without permission to work) for the 14 weeks after birth

After 14 weeks, the worker is required to leave Israel with her baby, unless her work permit or visiting permit were extended as detailed on this page

For additional information see Procedures for dealing with a pregnant foreign worker and a foreign worker that gives birth in Israel on the Population and Immigration Authority website

A foreign worker that gives birth in Israel is entitled to Maternity Leave similar to an Israeli worker.

• During her maternity leave, the foreign worker is entitled to Maternity Pay and it is forbidden to fire her or negatively change her income.
• The worker is obligated to arrange her stay in Israel for the 14 weeks after birth as well as her continued stay in Israel with the baby after that time.
• In certain cases the worker will not be allowed to stay in Israel after the 14 weeks have passed.

Who is Eligible?

• A foreign worker that gives birth in Israel.

How to Claim It?

• The right to maternity leave is given automatically.
• For information on extending, shortening or splitting the leave, see the Maternity Leave page.

Staying in Israel During Maternity Leave

• In order to arrange for her stay in Israel during the maternity leave, the worker must submit an application for a B2 permit (visitor's permit in Israel without permission to work) for the 14 weeks after the birth. (If before the birth the worker was forced to stop her work for medical reasons related to pregnancy, she will be entitled to a B2 permit until her date of birth, even though she is not working).
• At the end of the 14 weeks, the worker must decide whether she wants to stay in Israel with her baby or to leave the country and return to alone afterwards.
• For information on eligibility to stay in Israel and the process of arranging a work permit after birth, see Living and Working in Israel as Foreign Worker After Giving Birth.

Please Note

• A woman is entitled to Maternity Pay during her maternity leave.
• It is forbidden to fire a worker during her maternity leave.
• As long as the worker and baby are still in Israel, she is entitled to receive a child allowance for the baby.

Court Rulings

• Cancellation of the procedure obligating a foreign worker that gives birth to leave Israel with her baby

Aid Organizations

• Worker's Hotline
• Hotline for Refugees and Migrants
• Mesila - Center for Information and Assistance for Migrant Workers and Asylum Seekers living in Tel Aviv
• Schar Mitzva - Voluntary Legal Aid for the Poor
• Physicians for Human Rights - Israel
• The Association for Civil Rights in Israel

Government Agencies

• Ombudsman for Foreign Workers Rights

Laws and Regulations

• The Women's Employment Law - section 6.
• Population and Immigration Authority Procedure no. 5.3.0023 from 20.05.2013 - procedures for dealing with a pregnant foreign workers and foreign workers who give birth in Israel.

Credits

• English translation and maintenance by The Shira Pransky Project.