An employee is entitled to use up to 7 days of absence on account of sick days per year due to their spouse's pregnancy or childbirth, according to the conditions stated below
Employers may not fire an employee who is absent due to pregnancy of a spouse or birth, during the time period in which he is eligible for sick pay.
For details, see the listing of laws at the bottom of this page.
Employees are entitled to charge up to 7 days of accrued sick days per year on account of his accumulated sick days due to pregnancy of his partner or birth.
- Eligibility is dependent on absence in the following circumstances:
- To accompany a spouse for prenatal testing or care involving risk to the mother or baby.
- To accompany a spouse for prenatal testing or care not involving risk to the mother or baby, but if assistance from someone else is required for these tests or treatments (i.e. if the mother has physical limitations which requires help from another).
- In case of a miscarriage - accompaniment for up to 24 hours following the procedure.
- To be present at childbirth, which is defined as beginning from onset of contractions until 24 hours after the birth.
- Absence on the fourth and fifth day after the birth, provided that the employee has already utilized his leave for 3 days after the birth. (For more details see Absence from work due to spouse giving birth (Paternity Leave).
Who is Eligible?
- Anyone who works.
How to Claim It?
- Employees requesting to use any of their accrued sick days to be absent from work due to prenatal testing/care of a spouse or childbirth must submit a signed letter to that effect, as elaborated upon in additional regulations (declaration).
- Medical documentation from the spouse’s attending physician (or the physician's substitute) regarding the treatment or testing of the partner related to pregnancy and the relevant dates, or the date of birth of the child, must be attached to the letter.
- Employees using sick days on the day of the birth and on the forth and fifth day after the birth do not receive Sick Pay for the absence on the day of the birth, (the absence will count to the number of sick days), on the forth and fifth days of absence the employee will be paid at a rate of 50%. If it is customary in his workplace to pay for sick leave days from the first day of leave, then he will be paid sick pay for all of the days mentioned. For additional information see Absence from Work due to a Spouse's Childbirth (Paternity Leave).
Receiving Sick Pay
- According to the Sick Pay Act, the first day of the period of absence (and in any one day absence), the employee will not receive any payment or salary.
- On the second and third day during this period of absence, the employee is entitled to receive half of his/her daily wage, and from the fourth day onwards the employee is to be paid a regular wage, as if he/she has not been absent from work.
- If the workplace operates under a collective agreement or a contract that grants full salary from the first day of absence, the employer shall act under the conditions of that contract.
- An employee who has not received entitled payment for sick leave may claim compensation from the employer.
- For more information, see Sick Pay.
- When an employee is absent on the day and the days following birth, the day of the birth would be considered like the first day of a sick day, three days after birth will be considered annual leave or leave without pay, and the fourth and fifth day postpartum is now considered second and third sick day. For more information, see Paternity Leave.
- In addition to this entitlement, one can utilize up to 7 days of absence per year on account of sick days, an employee is entitled to miss work during the three days following their spouse giving birth from their annual leave, (if one does not have enough accumulated vacation days, days of absence are considered unpaid leave).For more information see Paternity Leave.
- Besides this entitlement, there are cases where employees may be entitled to sick days due to an ill spouse.
- This time of leave is not considered maternity leave and in no way takes away the right of the partner to split maternity leave with his wife. For further information on dividing the maternity leave between the 2 spouses see Maternity Leave.
- A list of organizations that help within the field of employment
- A list of organization that help within the field of health and illness
Laws and Regulations
- The Sick Pay Law
- Sick Pay Law (Absence Due to a Spouse's Pregnancy and Childbirth)
- Sick Pay Regulations (Rules Regarding Absence Due to a Spouse's Pregnancy and Childbirth)
- [http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3196/97925/F1643712133/ISR3196.pdf Employment of Women Law Section 7(c3)
- English translation and maintenance by The Shira Pransky Project.