Sick Days Due to an Ill Child (Right)

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

Introduction:

Employees are entitled to use up to 8 accrued sick days per year to care for an ill child younger than 16
Employees are entitled to take up to 90 days (and up to 110 days in certain circumstances) of absence per year in order to care for a child younger than age 18 with a malignant disease or on dialysis, at the expense of their accrued sick or vacation days), whichever they choose
A parent of a child or adult with a permanent disability (physical, mental or intellectual) is entitled to be absent 18 days per year (in certain cases up to 36 days) in order to assist his/her child at the expense of the employee's sick days. The employee is also entitled to be absent for additional hours without a salary deduction (for more information).
A single parent may accrue up to 16 additional sick days per year due to an illness of his/her child and up to 110 days in a situation of dialysis or a malignant disease (for more information).

The Sick Pay Law (Absence Due to a Sick Child) establishes that employees are entitled to use up to 8 absent days per year in order to care for an ill child younger than age 16, on account of their accrued personal sick days.

  • The sick days that one is permitted to miss due to an ill child do not have to be consecutive.
  • If the two parents are splitting the absent days between them, the sick pay is calculated from the first day that the first parent is absent and not for each one seperately.
  • An employee is entitled to charge up to 90 days absence per year (up to 110 days in some cases) due to malignant diseases or a disease that requires dialysis treatment of a child under the age of 18, on the count of his sick days or vacation days - according to his choice.
  • Single parents are entitled to accrue additional sick days. For more information see Sick Days Due to an Ill Child for a Single Parent.
  • An employee who is a parent or the guardian of a child or adult with a permanent disability (physical, mental or intellectual) is entitled to be absent from work for 18 days per year (and in certain cases up to 36 days per year) to provide personal care to the child at the expense of the employee's sick days or vacation days. Additionally the employee is entitled to be absent up to 52 hours per year (and in certain cases up to 104 hours) with out a deduction of salary (these hours are paid to the employee without deducting from the employee's sick days or vacation days). For more information, see: Sick Days for a Parent to Care for Offspring with Disabilities.
  • The right to the parent to use sick days to care for a sick child is not contingent on the number of children the person has (for example a parent of 2 children is not entitled to double the number of days as a parent of one child).

Who is eligible?

  • An employee whose spouse is one of the following:
    • an employee who has not been absent from his/her place of employment at the same time by virtue of utilization of this right.
    • an independent worker who was not absent from his/her place of employment at the same time by virtue of utilization of this right.
  • If one spouse is absent from work for any reason not related to the child's illness, for example due to: Mourning Period or Maternity Leave or Sick Days Due to an Ill Parent) The other spouse will be able to take advantage of utilizing the right of sick days due to an ill child, even though the spouse is also absent from work during that period.
  • If an employee who is a foster parent is eligible on the condition that the biological parents or adopted parent did not utilize this right in the same time period.

An Employee whose Child is Sick with a Malignant Disease (cancer) or requires Dialysis

  • An employee who has worked at least one year by his/her current employer, is eligible for up to 90 days of absence within a year to care for a child with a malignant disease (Cancer Patients) or who requires dialysis, on account of sick days or vacation days (whichever the employee chooses) that he/she is eligible for.
  • The right of an employee to be absent from work is valid even if the other parent is also absent from work to care for their child (if the other parent has worked for at least one year for his/her current employer, he/she is also entitled to up to 90 days of absence due to the child's illness).
  • This entitlement is valid to children up to 18 years of age.
  • The employee is eligible for up to 110 days of absence a year for a child with a malignant disease or a disease requiring dialysis, in either of the following cases:
    • the spouse of the employee has not been absent from their workplace because they were caring for the child
    • the employee is a single parent

An Employee who is a Single Parent

  • An employee who is a single parent, or if the child is in his/her sole custody, is eligible to be absent from his/her workplace due to the child's illness, on the account of his/her accumulated sick days, up to 16 days a year.
  • In the event that the child has a malignant disease or an illness requiring dialysis, the parent is eligible to be absent up to 110 days a year.
  • For further information, see: Sick Days Due to an Ill Child for a Single Parent.

An Employee who is a Parent to a Child or Adult with a Permanent Disability

  • An employee who is a parent or the guardian of a child or adult with a permanent disability (physical, mental or intellectual) is entitled to be absent from work for 18 days per year (and in certain cases up to 36 days per year) to provide personal care to the child at the expense of the employee's sick days or vacation days if the care requires his/her absence from work.
  • Additionally the employee is entitled to be absent (in order to give personal care to his/her child) for up to 52 hours per year (and in certain cases up to 104 hours) with out a deduction of salary (these hours are paid to the employee without deducting from the employee's sick days or vacation days).
  • For more information, see: Sick Days for a Parent to Care for Offspring with Disabilities.

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.
  • If a parent of a child with disabilities is absent from work in order to care for that child, he/she is eligible for full sick pay starting from the first day of absence.
  • An employee who has not received entitled payment for sick leave may claim compensation from the employer.
  • For more information, see Sick Pay.

Sick Pay when both parents share the days of absence from work

  • According to an amendment in the law on 04.08.2016, if both parents share the days of absence due to a sick child, for the purposes of calculating sick pay, sick days are counted from the first day the first parent is absent and not counted for each parent separately.
Example
If one parent is absent on the first day a child's illness and the other parent is absent on the second day of the illness, the parent receives the second day sick leave at the rate of 50% (though it was the second day of absence), although in practice this is a day of absence is his first (which do not pay sick pay under the law).
Example
  • A child was sick for four days.
  • The first parent is absent from work for the first two days of illness and the other parent is absent for the next two days (ie. the third and fourth days of illness)
  • The first parent is considered to be absent by the first sick day (which do not pay sick pay) and the second day of the illness (which receive sick pay of 50%).
  • The other parent is considered to be absent on the third day and fourth of the illness, and will be entitled to sick pay of 50% for the first day of absence (ie the third day of the illness) and sick leave at the rate of 100% for the second day absence (ie the fourth day of the disease).
  • Counting sick days begins on the first day of the first parental absence and will be a separate calculation for each employee, each parent must inform their workplace of their absence and of the other parent and attach a copy of the declaration submitted by the other parent workplace. (For the text of the declaration see Declaration of Absence due to a Sick Child).

How to claim it?

  • In order to receive sick pay for a child's illness the employee must provide the following documents:
    • medical documentation attesting to the child's illness,
    • A declaration confirming that the employee's spouse did not take sick days during the same period of time. (For the text of the declaration see Declaration of Absence due to a Sick Child).
    • If both parents were absent from work and want to claim alternate days of sick leave, the count begins from the first day of absence and will be separate calculation for each parent. Each parent should inform his workplace of the absence of the other parent and attach a copy of the declaration submitted by the other parent at their workplace.

Please note

  • If a parent has utilized all the days of absence prescribed by law, but needs additional days of absence, he/she are able to utilize vacation days accrued and not yet utilized for the purpose of this absence. Generally, vacation days require the consent of the employer, and the employer should consider the request of the employee in a purposeful manner and may refuse a request only on logical and reasonable grounds. For more information see annual leave.
  • In any case, employees may take one day off on account of accumulated annual leave as a "day of choice", at the time he/she chooses. The employee must notify the employer at least 30 days in advance, and the employer is not entitled to refuse to vacation at that time. For more information, see |choosing vacation days
  • Additionally, the employee and employer are entitled to agree on a longer absence at the expense of sick days and vacation days to be accrued in the future by employee (the employer does not have to accept it) and they may also agree on an unpaid leave.
  • An employee who quits because of the illness of his/her child is entitled to severance pay. For more information see Severance pay for an employee who has resigned due to poor health of his or his family member.
  • Parents of a child in difficult medical situation are permitted to withdraw funds from the Savings Plan for Each Child before the child turns 18 if the money will be used to fund the medical needs of the child. For additional information see Withdrawal of money from the Savings Plan for each child plan before the child is 18 because of his medical condition.


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