According to clause 7 of Termination of Employment Law, a female employee (and in some cases a male) who resigns within 9 months of giving birth in order to care for her child (or her spouse, in certain cases) is entitled to severance pay from her employer as long as there were employee-employer relations for at least one year.
- As of 11.08.2011, an amendment to the law has expanded eligibility to also include adoptive parents, intended parents in cases of surrogacy, and foster parents within 9 months after receiving a child.
Who is Eligible?
- If there have been employee-employer relations for at least one year, a female employee who resigns in order to care for her child is entitled to receive severance pay in the following cases:
- She resigned in order to care for her child within 9 months of giving birth.
- She adopted a child under the age of 13 and resigned within 9 months of the adoption date in order to care for the child. For more information, see: Resignation in Order to Care for a Child Following Adoption.
- She resigned within 9 months of receiving a child from a surrogate mother in order to care for the child . For more information, see: Resignation of an Intended Parent in Order to Care for a Child.
- She resigned within 9 months of receiving a foster child (under the age of 10) in order to care for the child. For more information, see: Resignation of a Foster Parent in Order to Care for a Child.
- A male employee, in accordance with the conditions detailed above, is entitled to resign from work and receive severance pay instead of his spouse if at least one of the following conditions is met:
- His spouse was employed for 6 continuous months prior to the date of his resignation.
- He is the sole custodian or is solely responsible for taking care of the child due to disability or illness of his spouse.
- His spouse was self-employed for at least 12 consecutive months prior to the birth.
- According to the decision (see: court rulings a new mother who has resigned may be entitled to severance pay even if she found another job if the new job allows her to spend more time with the child.
How to Claim It?
- Employees must inform their employer in writing when they resign to care for their child in accordance with proper procedure regarding advance notice. For more information, see: Advance Notice for Dismissal or Resignation.
- For information on receiving severance pay, see the portal on Severance Pay.
- For information about the calculation of severance pay, see Calculation of Severance Pay
- If an employee resigns within the 9 month period in order to care for the child and does not receive severance pay, the employer may be sued in labor court for severance pay, as well as for compensation for withholding of severance pay For more information, see the "Court Rulings" section below.
Payment of Compenstion
- For information about the payment of the compensation please see Payment of Compensation for Employees who Resign in Hebrew.
Entitlement to Unemployment Benefits
- It is important to note that even though those who resign within 9 months of the child's birth (or receiving the child in cases of adoption, surrogacy or foster families) in order the care for the child are entitled to severance pay, they will be required to wait 90 days from the date they stopped working in order to be entitled to receive unemployment benefits (if they are eligible).
- There is no 90 day waiting period in cases of justified resignation, meaning resignation due to one of the following reasons:
- Resignation as the result of health problems experienced by the employee or a family member.
- Resignation as the result of significantly worsened working conditions or due to various reasons related to labor relations as the result of which the employee may not be required to continue working at the place of employment (i.e. the type of work; very long work hours; a commute of more than 40 km with a child younger than 7 at home, etc.).
- For more information, see the National Insurance Institute's English website.
- Employees are only entitled to receive severance pay if they resign in order to care for their child. Employees resigning for reasons that are not related to caring for their child (such as reasons connected to travel abroad, moving, or finding a different job) will not be entitled to receive severance pay.
- Additionally, finding a new place of work that enables more time to be spent with an ill child may also entitle the employee to severance pay when he/she resigns their current job (see the court case below).
- In addition, an employee may be entitled to compensation if the resignation is made for one of the other reasons stipulated in the law, which entitle the employee to compensation even in the event of resignation For more information see severance pay for an employee who resigns.
- Severance pay for an employee who resigned following maternity leave, even though she found another job
- 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".
- [[Employment and Employee Rights/Government Agencies|For a list of government agencies responsible for employment issues, including those responsible specifically for issues related to women's employment..
Laws and Regulations
- The Severance Pay Law - Section 7
- The National Insurance Law - Section 166(b)
- [National Insurance Law Regulations (unemployment insurance) 1972 -Regulation 8
- The National Insurance Institute - Is a woman on unpaid leave following maternity leave entitled to unemployment benefits?
- English translation and maintenance by The Shira Pransky Project.