An employer may not fire an employee absent from work due to illness during the days that the employee is entitled to Sick Pay
An employer cannot prevent an employee from being absent from work during illness, or place any conditions upon the absence (other than requiring the employee to present a certificate of medical illness).
For more information see clause 4a of the Sick Pay Law
Who is Eligible?
- Any employee
Cases in Which an Employee May Be Fired
- An employee who is sick and has accrued sick days may still be fired in any one of the following cases:
- The employer gave the employee advance notice of termination before the employee was absent due to illness.
- The place of employment is in one of the following situations:
- It has permanently ceased operations (not temporary breaks or strikes).
- The employer has declared bankruptcy (if the employer is a corporation, this means that a liquidation order has been issued in accordance with the Companies Ordinance).
How to Claim It?
- This right should be granted automatically by the employer.
- If the right has been violated and the employee was unlawfully fired, the employer may be sued in regional labor court.
- For an explanation about submitting a claim in the labor court, see the Israel Judicial Authority website.
- An employer cannot prevent an employee from being absent from work during illness, or place any conditions upon the absence other than requiring the employee to present a certificate of medical illness.
- According to the letter of the law, if the employee's sick leave has finished and the employee is absent from work due to illness, the employer can fire him. However, due to decisions of the court, an employer that waits until the end of the employee's illness and fires him immediately upon completion could be considered as acting in bad faith, and not based on substantive considerations.
- People with low income who have been unlawfully dismissed and require legal advice and/or representation may be entitled to free legal aid from the Ministry of Justice's Legal Aid Division.
Laws and Regulations
- The Sick Pay Law - Section 4a
- English translation and maintenance by The Shira Pransky Project.