Prohibition of Firing an Employee Undergoing Fertility Treatment (Right)

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

Introduction:

It is prohibited to fire employees undergoing fertility treatment or invitro fertilization (IVF) during the period they are absent from work due to the treatments and for 150 days afterwards, independent of seniority of the worker or the amount of time worked in the current workplace.
It is prohibited to fire an employee undergoing fertility treatments, during the first 150 days of fertility treatment, even if they were not absent from work, on the condition that the employee has been employed by the current employer for at least 6 months.
The prohibition of firing employees applies if the treatment is for the employee's first or second child during the course of employment at the same place of employment) or for treatments are for up to two children with the current spouse.
Despite this prohibition, an employee undergoing fertility treatment may be fired with a special permit from the Ministry of Industry, Trade and Labor
If an employee is fired in violation of this prohibition, a complaint may be filed against the employer with the Ministry of Industry, Trade and Labor's Enforcement Unit
For more information, see section 9(e) of the Womens' Employment Law

Article 9(e) of the Employment of Women Law states that employees are prohibited from firing workers who were absent from work due to fertility treatments, unless a permit was provided from the Ministry of Industry, Trade and Labor (the Minister will not permit dismissals which in his opinion are in the context of fertility treatments or absenteeism resulting from them).

When is it Prohibited to Fire an Employee Undergoing Fertility Treatment?

  • It is forbidden for employers to fire employees undergoing fertility treatment (including invitro fertilization (IVF)) who are absent due to the treatment. The employee may not be fired during the period they are absent and for 150 days afterwards (independent of their seniority in the workplace), if they meet all of the three following conditions:
  1. The employee informed the employer in advance regarding the absence and presented relevant medical approval.
  2. The treatment is for the employee's first or second child during the course of employment by the current employer (or at the same place of employment) or treatments are for the first or second child with the current spouse.
  3. Two years have not passed since the first day of absence.

When is it Prohibited to Fire an Employee Undergoing Fertility Treatment who has not been Absent from their Place of Employment?

  • Employees undergoing fertility treatment may not be fired even if they have not been absent from their place of employment, if they meet all of the following conditions:
  1. The employee has worked for the same employer or at the same place of employment for at least 6 months.
  2. The employee has informed the employer regarding the fertility treatment within 3 business days of receiving advance notice of termination (or within 3 days of dismissal, if advance notice was not given).
  3. The employee provided the employer with medical approval regarding the treatment within 14 days of receiving advance notice of termination (or within 14 days of dismissal, if advance notice was not given).
  4. The fertility treatment is for the employee's first or second child during the course of employment by the current employer (or at the same place of employment) or treatments are for the first or second child with the current spouse.


Who is Eligible?

How to Claim It?

  • If an employee must be absent from work due to fertility treatments, s/he must notify the employer in advance regarding the anticipated absence, and present relevant medical approval regarding the treatment.
  • If an employee was not absent from work due to the fertility treatments and was fired while undergoing fertility treatment, s/he must notify the employer regarding the treatment no more than 3 days after receiving advance notice of termination (or within 3 days of dismissal if advance notice was not given), and the employee must also provide the employer with medical approval regarding the treatment within 14 days of receiving advance notice (or within 14 days of dismissal if advance notice was not given).
  • If an employee is unlawfully fired s/he may take the following actions:
  • An employer who fires an employee in contradiction to this law, should expect a financial sanction.

Please Note

  • Up until 23.02.2014, the law prohibited the dismissal of an employee undergoing fertility treatment with the current spouse for a first or second child. That is to say, employees who already had two children with their current spouse were not protected from being fired.
  • As of 24.02.2014, the ban on firing employees undergoing fertility treatment applies if the treatment is toward two births, carried out during the period of employment with the same employer at the same workplace, regardless of the number children they have or treatments they have undergone previous to beginning at their current work place. In addition, employees who had fertility treatment with a previous spouse, while employed by the same employer or at the same workplace, are prohibited from being fired while undergoing fertility treatment toward two births from their present spouse.
  • The law does not specifically relate to a woman who is undergoing fertility treatments towards the surrogacy process. Since there is no definitive legal ruling on the matter, whether or not the law prohibits firing a woman who is undergoing fertility treatments as a surrogate and has not yet gotten pregnant, is subject to interpretation.

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