It is prohibited for an employer to fire an employee within 60 days of that employee returning from maternity leave without a special permit from the Ministry of Economy.
- Such permits from the Ministry of Economy are only granted if all of the following conditions (cumulatively) are met:
- The firing is not connected to the birth or maternity leave
- The place of employment has stopped operation or declared bankruptcy.
- The period of advance notice of termination is not included in this 60 day period.
- An employee wishing to return to work after maternity leave is entitled to return to work and the employer may not simply pay her for the 60 days during which she may not be fired.
Who is Eligible?
- Employees (men or women) returning to work after completion of their maternity leave.
How to Claim It?
- The right should be granted automatically.
- If an employee has been fired against the law and without the proper permit, he/she can file a complaint with the labor law enforcement unit.
- If a woman is unlawfully fired after maternity leave, the firing is considered to have never occurred, and the employee is entitled to sue the employer for monetary compensation equivalent to the salary and benefits to which she would have been entitled had employee-employer relations continued as they were before the dismissal.
- An employer who does not allow an employee to return after maternity leave to the same job and the same work conditions may be considered as someone who has fired an employee during the time that he/she is legally protected after maternity leave. For more information see An employee should return to the same job under the same conditions after maternity leave.
- An employer is also forbidden from firing an employee during Maternity Leave and during Unpaid Leave Following Maternity Leave if the employee chose to take it and for the 60 days following this leave. For more information on limitations on firing an employee or lessening the scope of employment during and after maternity leave see:
- Obligation to allow a woman returning from maternity leave to actually return to work as opposed to providing monetary compensation instead
- Firing an employee immediately 60 days after the date of her return to work following maternity leave is contrary to the Equal Employment Opportunities Law and the Employment of Women Law
- A woman is awarded 57,000 NIS after she was fired upon her return from Maternity Leave
- Failure to allow a woman after maternity to return to the same job under the same conditions is considered unlawful firing
- Click here for a comprehensive listing of organizations that provide assistance for issues related to employment and workers' rights, specifically those listed under "ארגוני סיוע לנשים".
- For a comprehensive list of government agencies responsible for employment issues, including the agencies specifically responsible for the employment of women.
Laws and Regulations
- The Women's Working Law -Section 9 (c) (1a).
- A Brief Workers' Rights Guide from the Yedid - The Association for Community Empowerment website-->
- English translation and maintenance by The Shira Pransky Project.