Introduction:

Employees are entitled to use up to 6 of their accrued sick days per year due to illness of their parent or their spouse's parent
Partial days (hours) that the employee misses because of a parent's illness can also be counted, relative to the number of hours in a full work day
As of February 2014, the right is granted even if the parent is not yet 65 years old

The Sick Pay Law (Absence Due to a Sick Parent) allows employees to use up to 6 sick days per year from their accrued personal sick days due to illness of a parent or spouse's parent.

  • The right may be exercised as long as the employee's spouse has not used his/her sick days to care for the same individual.
  • It is also possible to consider partial days (hours) in which the employee is absent due to the illness of the parent, and which will be calculated according to the ratio between the hours the employee is absent and the hours of a full work day.
  • A parent will be considered ill if he becomes completely dependent on the help of others to perform daily activities.
  • In the past, it was possible to be absent from work using sick days only if the parent was 65 years old or older. Following the amendment to the law in February 2014, the age restriction was canceled.
  • In addition an employee is entitled to miss up to 7 days of work to care for a parent that is an organ donor. For more information see Sick days or vacation days to care for a parent who donated organs for transplantation.

Who is Eligible?

  • All salaried employees

Conditions of Eligibility

  • If the parent is hospitalized in a long-term care or nursing facility that cares for long-term care patients, Mentally Frail patients, or Physically Frail patients, the employee is not entitled to claim this right to care for him/her.
  • An employee will not receive recognition for sick days due to an ill parent if his/her spouse was absent from work to care for the parent during the same period of time and did receive recognition for those days as sick days due to an ill parent.
  • An employee will not receive recognition for sick days due to an ill parent if one of his/her siblings (other children of the parent, including adopted children) was absent from work to care for the parent during the same period of time and did receive recognition for those days as sick days due to an ill parent.

Definition of an Ill Parent

  • In order for a parent of an employee or an employee's spouse to be considered to be ill according to The Sick Pay Law (Absence Due to a Sick Parent), he/she must meet both of the following conditions:
    1. The parent must be completely dependent on others for carrying out daily activities (i.e. dressing, eating, controlling bodily functions, bathing, mobility in the home)
    2. The parent is not hospitalized in a long-term care or nursing facility that cares for long-term care patients, Mentally Frail patients, or Physically Frail patients.

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 onward the employee is to be paid a regular wage, as if he/she has not been absent from work.
  • 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.
Tip
If the employee is a government employee or if the employee has a collective agreement or a personal employment contract that establishes better payment terms than the law (such as a higher payment for sick days or payment from the first day of absence), they will act according to the collective agreement, agreement or contract and not by the law.


How to Claim It?

  • The right must be given automatically by the employer.
  • Employers may require relevant medical documentation as detailed in The Sick Pay Law regulations:
    • A declaration regarding absence from work due to an ill parent, and the necessity to care for the parent. Click here for a declaration form to submit to the employer regarding absence from work due to an ill parent and a request to have it recognized as sick days.
    • Documentation from the attending physician (or relevant substitute) indicating that the patient is completely dependent on others for carrying out daily activities.

Sick Days or Vacations Days for an Employee whose Parent Donated Organs

  • In addition to the 6 days that an employee can be absent to care for a sick parent (that are deducted from his/her accrued sick days), the employee is entitled to be absent for up to an additional 7 days in a year to care for a parent that donated organs for transplant.
  • The employee can choose to have these days deducted from his/her Sick Days or Vacation Days.
  • An employee whose sibling is absent from work to care for a parent who is an organ donor, is not entitled to take off from work at the same time for the same reason.
  • The right to be absent from work to care for a parent who is an organ donor does not apply if the parent is in a long-term care facility.
  • For additional information see Sick or Vacation Days to Care for a Parent who Donated Organs for Transplant.

Please Note

  • The 6 days of absence that the employee is entitled to use his sick days, are relevant to both the parents of the employee and of his spouse (ie, an employee whose has two sick parents is not entitled to a double number of days).
  • If the employee used up his permitted sick days and is in need of additional absences from work to care for a family member, he is allowed to: ask his employer to use the remainder of his sick days, take the days at the expense of his accrued vacation days, or request to take unpaid leave. All of these are conditional upon the employers consent.
  • Additionally if the employee quits in order to care for an ill spouse, he/she is entitled to severance pay. For more information see Severance Pay for Employees who Quit due to the Deteriorating Health of Themselves or a Family Member.


Aid Organizations

Government Agencies

Laws and Regulations


Credits