Sick Pay Law (Absence due to illness of a spouse) entitles employees to be credited days of absence per year, on account of their accrued sick days, due to the illness of a spouse.
- Employees are entitled to use up to 6 of their accrued Sick Days per year due to a spouse's illness.
Spouse with a Malignant Disease
- An employee who has worked at least one year for the same employer or in the same place of work is entitled to up to 60 days of absence per year due to his/her spouse's malignant disease (cancer).
- The employee may chose to take these days from his/her accrued sick days or vacation days.
Who is Considered to be an Ill Spouse?
- According to the law for purposes of this entitlement, a spouse who does not have a malignant disease is considered ill if s/he is completely dependent on others to perform daily activities (such as getting dressed, eating, bathing and mobility in the home).
- Employees are entitled to use up to 60 days of absence from work per year to care for a spouse with a malignant disease even if the spouse is not completely dependent on others to perform daily activities.
- According to The Sick Pay Law, the employee does not receive any payment for the first day of absence (also if the employee is only absent for a total of one day).
- The employee receives half pay for the second and third days of absence and full pay ( the payment amount should be as if he is not absent at all) for the fourth day and onward.
- If it is established through either a collective agreement or personal contract that the employee is entitled to full pay from the first day of absence, then the employee is entitled to that which is indicated in such a contract.
- An employee who was not paid for sick leave is entitled to sue the employer for compensation.
- For more information, see Sick Pay.
How to claim it?
- For the purpose of exercising the entitlement, the employer may demand from the employee:
- Confirmation from the doctor treating the spouse that they depend entirely on the help of the other.
- A declaration signed by the employee regarding his absence (see Addendum to Regulation 1).
- If the employee used up his 6 sick days and is in need of additional absences from work, 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 a spouse.
- Besides this entitlement, there are cases where employees may be eligible for Sick Days Due to a Spouse's Pregnancy or Childbirth.
- For more information on the entitlement of sick workers (or their families), see Health-Related Employee Rights.
- For more information on the rights granted to a person by marriage, see the Marriage Portal.
- For information on the rights of common-law spouses, see Common-law partners.
- Click here for a comprehensive listing of organizations that provide assistance for issues related to employment and workers' rights.
- Click here for a comprehensive categorized listing of organizations offering assistance for issues related to health and illness.
Laws & Regulations
- Sick Pay Law (Absence due to Spouse's Illness)
- Sick Pay Regulations (Absence due to Spouse's Illness), 1999
- Sick Pay Law