Introduction:

A man or woman undergoing fertility treatments are entitled to be absent from work at the expense of a maximum number of sick days that will be detailed below
Employees who miss full days of work for fertility treatments are entitled to Sick Pay of 50% (of a days salary) for the second and third missed days and 100% from the fourth missed day and on (unless the employment contract stipulates full payment from the first missed day)
Beginning 06.02.2019 employees can miss individual hours instead of a full day of work, up to a cap of 40 hours a year (relative to the hours worked) and in this case they get sick pay from the first hour missed
Employers may not fire or change the salary of an employee undergoing fertility treatments during the period of his/her absence or for 150 days afterwards without a special permit


Employees (men and women) undergoing fertility treatment are entitled to be absent from work at the expense of their sick days if they have a written letter from the attending physician indicating that the treatment requires it, and if they have informed their employer about the absence in advance.

  • Absence due to fertility treatments is at the expense of the employee's accrued sick days. Employees who miss full days of work for fertility treatments are entitled to Sick Pay according to the law (no payment for the first missed day 50% (of a days salary) for the second and third missed days and 100% from the fourth missed day and on) unless the employment contract stipulates better terms for the employee.
  • Beginning 06.02.2019 employees can also miss individual hours instead of a full day of work (up to a cap). In this case sick days will be deducted based on the missed hours relative to the number of hours in a full work day. When individual hours are missed (instead of a full day), sick pay is given from the first hour missed.
  • Employers may not fire or change the salary of an employee undergoing fertility treatments during the period of his/her absence or for 150 days afterwards without a special permit.
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 leave or payment from the first day of absence), they are paid according to the collective agreement or employment contract and not according to the law.

Who is Eligible?

Maximum number of days that can be missed for fertility treatments

  • The maximum number of days a female employee may be absent from work due to fertility treatment is as follows:
    • Employees working 5 days per week - Up to 4 cycles of treatment per year with each cycle lasting up to 16 days, totaling up to 64 days per year at the expense of accrued sick days they are permitted to use.
    • Employees working 6 days per week - Up to 4 cycles of treatment per year with each cycle lasting up to 20 days, totaling up to "'80 days per year at the expense of accrued sick days they may use.
  • Male employees may be absent from work for 12 days per year, to undergo fertility treatments; at the expense of accrued sick days.
  • Government employees: In accordance with the Civil Service Commission announcement, beginning 01.08.2018, government employees receive an additional 2 days of absence in each treatment cycle:
    • Employees working 5 days per week are entitled to miss up to 18 days per cycle, totaling up to 72 days per year at the expense of accrued sick days they are permitted to use.
    • Employees working 6 days per week are entitled to miss up to 22 days per cycle, totaling up to 88 days per year at the expense of accrued sick days they are permitted to use.

Absence of several hours during the working day

  • As of 06.02.2019, it is possible to miss a few hours during the working day at the expense of part of the sick days, and there is no obligation to loose the entire work day. In such a case, only part of a sick day will be deducted, based on the number of hours missed.
  • A person who works full-time in the way that is customary in that workplace, is entitled to be absent for individual hours during the work day for fertility treatments, up to a maximum of 40 hours a year.
  • A part-time employee is entitled to be absent (based on 40 hours) relative to the number of hours he/she works per year:
    • The scope of part-time positions is determined according to the ratio of the number of hours the employee works per month and 182 (which is the number of work hours stipulated in the law for a full-time month).
    • If the monthly standard for a full-time job in the workplace are lower than 182, the scope of the position is determined according to the of the number of hours the employee works per month and the number of hours that are considered full-time in that place of work.
Example
An employee works 84 hours per month
  • In theory this employee is considered to be working a position of 46% calculated by 46/182. If she wants to miss individual hours (instead of full work days) she may use up to 18.4 hours, calculated as follows - position 46% X 40 hours that can be missed for a full-time employee.
  • If a woman works in a place that full-time is considered 168 monthly hours, then she is considered to be working a half-time (50%) position calculated by 84/168. If she wants to miss individual hours (instead of full work days) she may use up to 20 hours, calculated as follows - position 50% X 40 hours that can be missed for a full-time employee.
  • The law does not relate to calculating hours for part-time hourly or daily employees with fluctuating hours. In this case it is accepted to take the average number of monthly hours the employee has worked in the past 12 months and divide that number by 182 (the number of hours the law defines as a full-time job). For more information see Calculating the scope of a job for a hourly employee.
  • Sick Pay for Time Missed for Fertility Treatments

    Missing a Full Day of Work

    • An employee is entitled to Sick Pay when she misses a full day or days from work for fertility treatment, in accordance with the law:
      • For the first missed day - employees are not entitled to payment.
      • For the second and third missed days - employees are entitled to 50% of the salary they would have been paid if they had worked a full day.
      • For the fourth missed day and on - employees are entitled to sick pay that is equivalent to their full salary.
    • For more information see Sick Pay.

    Missing a Few Hours During the Work Day

    • If an employee misses a few hours of work (partial days) due to fertility treatments and they are within the amount the law allows for and is detailed above, the employee is entitled to payment from the first minute of absence even though it is the first sick day.
      • Payment for the hours absent are calculated based on the ratio the hours missed and the daily number of hours the employee works.
    • These missed hours are deducted from the accumulated number of sick days available to the employee.
    Example
    • The accepted number of hours a day in an employee's place of work is 8 hours.
    • The employee missed 4 hours during the day because of fertility treatment.
    • The employee is entitled to sick pay for half a day according to the calculation of 4/8.
    • 1/2 a day is deducted from the employee's accrued sick days. For the the second half of the day that the employee did not miss, she receive a regular 1/2 day salary.
    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 leave or payment from the first day of absence), they are paid according to the collective agreement or employment contract and not according to the law.

    How to Claim It?

    • Employees must inform their employer in advance and present relevant medical documentation from the attending physician.
    • The absence will be deducted from the accumulated Sick Days of the employee.
    Tip
    If the employees are absent from work for fertility treatments after they have exhausted all of their accumulated sick days, there are several options:
    • The employers are permitted (though not obligated) to pay interested employees Sick Pay against sick days that will be accumulated in the future.
    • The employees are permitted to request that the absence be deducted from the total number of accumulated annual leave.
    • The employees may request from the employers to take unpaid leave.

    Please Note

    • Employers may not fire or change the salary of an employee undergoing fertility treatments during the period of his/her absence or for 150 days afterwards without a special permit from the Labor Ministry. For more information see Prohibition of Firing an Employee Undergoing Fertility Treatment.
    • The law does not give spouses right to miss work in order to accompany their spouse to fertility treatments. Nevertheless, in a case where the spouse undergoing the fertility treatments is regularly dependent on the help of others to perform daily activities, the spouse may use up to 6 of his/her accrued sick days to for the treatment of his/her spouse. For more information, see: Sick Days Due to an Ill Spouse.

    Aid Organizations

    • Click here for detailed information about employment assistance organizations.

    Government Agencies

    Government Agency Areas of Responsibility Topics
    Ministry of Industry, Trade and Labor The Ministry of Industry, Trade and Labor is responsible for all areas related to employment. All workers' rights relevant to the Ministry of Industry, Trade and Labor.
    Employment Service The Employment Service is a governmental body in the Ministry of Industry, Trade and Labor responsible for the regulation of the labor market in Israel, in areas such as: job placement services, job market research in Israel and working with the National Insurance Institute in identifying eligibility for various benefits. Finding employment offices, Stabilization of employment , Committee to examine working capability
    The National Insurance Institute The institution responsible for the payment of pensions and benefits to which the working public are entitled. Health-Related Employee Rights, Working women, Termination of Employment
    Equal Employment Opportunity Ombudsman The ombudsman is responsible for enforcing all regulations related to equality at work and treatment of cases where forbidden discrimination occurred.
    Ombudsman website in Hebrew and Arabic - العربية
    Equal employment opportunities, Working women
    The Commission for Equal Rights of Persons with Disabilities The commission operates under the Ministry of Justice to assist people with disabilities. All rights relating to people with disabilities, particularly with regard to employment.
    Legal Aid Division - Ministry of Justice Providing advice and legal assistance at no cost for people with low income. Workers' rights, Discrimination at work, Sexual harassment at work, Rights of Foreign Workers
    The Employment of Women Law Ombudsman Enforcing The Employment of Women Law. Equal employment opportunities, Working women
    Income Tax Responsible for collecting taxable income from workers. Workers' wages and components
    Israel Institute for Occupational Safety and Hygiene Advises and assists in the promotion of occupational safety and hygiene. Safe working environment, Working conditions

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