Employees who were absent from work due to illness are entitled to receive 50% of the ordinary wage to which they were entitled had they continued to work from their employer for the second and third days of absence. For the fourth day onward, employees are entitled to 100% of the wage to which they were entitled had they continued working.
- An employee with several employers, working each day for a different one, who is absent from work due to illness, is entitled from the fourth day of the illness for full sick pay (100% wage) even if this is the first day of absence from that employer. Read the legal ruling here.
- For the first day absent due to illness, one is not eligible for wages, (there are various interpretations of whether the first day is deducted from the employee's total Sick Days). For more information on how sick days are calculated and deducted see below.
- The amount of payment for the initial sick days is the minimum established by the law.
- Sometimes, a collective labor agreement or individual labor contract provides for benefits more beneficial than those prescribed by law, and may even include full payment from the first day of absence.
- Additionally, the parent of a child with disabilities who misses work to care for the child, is entitled to sick pay from the first day.
- In any event, an agreement or contract may not establish payment lower than the minimum required by the law.
Who is eligible?
- All paid salaried employees.
Who is not eligible?
- An employee who works in shifts is not entitled to sick pay for a day that he was not scheduled to have a shift on because he did not miss work because of his illness (sick pay is in place of salary and in this case the employee was not entitled to a salary for that day).
- An employee is not entitled for sick pay if he works in any place while he is sick.
Period of Eligibility for Sick Pay
- The period of eligibility for sick pay shall not exceed a cumulative period of 1.5 Sick Days per month for every full month where the employee worked for the same employer or at the same place of employment, and no more than 90 days, less the period for which the employee received sick pay.
- This means that an employee who has used up all of his/her accrued sick days is not entitled, according to the law, to receive payment for additional days of absence.
- However, if it has been established in a collective labor agreement, an individual labor contract or an extension order that certain employees are entitled to more sick days, the employees are entitled to the greater number of sick days. For information about employees entitled to more sick days, see the "extensions" section of Sick Days.
How to claim it?
- To receive payment, the employee must provide a sick note from a doctor to the employer.
- This note must be from a doctor from the HMO to which the employee belongs. A note issued by a private doctor does not obligate the employer to provide sick pay.
- If an employee is not paid the sick pay he is entitled to:
- The employee can submit a complaint against the employer to the labor law enforcement unit.
- The employee can sue the employer in a local labor court. For information on how to file suit in the local labor court see: Filing suit in the local labor courts for the payment of salary, severance pay or other social rights.
Calculation of Sick Days Based on the Employee's Accrued Days and the Amount of Sick Pay
- There are two ways that sick days and payment for them are calculated, depending on whether the employee has a monthly salary or a daily/hourly one:
Monthly Salaried Employee
- For information on how to calculate sick days and sick pay for employees who receive a monthly salary see Calculation of Sick Pay for Employees Receiving a Monthly Salary.
An Employee Paid on an Hourly/Daily Basis
- For information on how to calculate sick days and sick pay for employees who receive a daily or hourly salary and work for the same employer all week see, Calculation of Sick Pay For Employees Receiving a Daily or Hourly Salary and Work for the same Employer all Week
- For information on how to calculate sick days and sick pay for employees who receive a daily or hourly salary and work each day for a different employer see, Calculation of Sick Pay for a Employees Receiving Daily or Hourly Salaries who work each day for a different employer.
- For information on how to calculate sick days and sick pay for employees who are paid daily or hourly and only work some days of the week see, Calculation of Sick Pay for Employees Receiving Daily or Hourly Salaries who work only some days of the week.
Payment for Absence Due to a Car Accident, Workplace Accident or Personal Accident
- An employer is not obligated to pay sick pay for an employee injured in a car accident. Compensation for loss of work days is paid by the mandatory auto insurance. For more, see Claim to Receive Compensation for a Traffic Accident.
- An employee absent from work due to a workplace accident is not entitled to sick pay. Rather the employee is entitled to injury allowance from the National Insurance Institute.
- One who is injured in a personal accident (that is not a car accident and not workplace accident) is entitled to injury allowance from the National Insurance Institute for the period of time he/she is not entitled to sick pay. For more information see Injury Allowance for Personal Accidents.
- An employee with a sick note is entitled to be paid sick days for the period of illness written on the sick note. The law does not exclude paying sick pay retroactively, so an employee is entitled to pay sick pay (based on the sick note) retroactively, even after the end of the month in which he was sick.
- Legally, sick pay is considered to be part of the salary and therefore income tax, National Insurance payments etc. are deducted from it. The sick pay is also included when calculating severance pay and pension contributions.
- An employee who has used all of his/her accrued sick days, and is not entitled to further sick pay, may request that the employer approves leave without pay.
- It is forbidden for an employer to fire an employee who was absent from work due to illness for a period of time to which that employee is entitled according to the relevant accrued sick days.
- An employee can not redeem unused sick days for money, unless the employment agreement or the collective agreement stipulates that he is entitled to do so.
- Prior to 01.04.2011, the rate of sick pay was: for the second day and the third day - 37.5% of the regular wage and from the fourth day onward - 75% of the normal wage.
- The days that an employee is absent that he/she receives sick pay for are treated as regular work days for the purpose of calculating vacation days. For more information see An employee who receives sick pay, accrues vacation days during his/her sick leave as if he/she had actually worked.
- Employer who fired an employee without a hearing during sick leave obligated to compensation
- Compensation for an employee fired for his illness while holding a hearing illegally
- An employee is entitled to full sick pay on the fourth day of his illness, even if it is the first day of his absence from the workplace
- An employee who resigned due to mental illness is entitled to severance pay
- An employee who receives sick pay, accrues vacation days during his/her sick leave as if he/she had actually worked.
- Click here for detailed information about employment assistance organizations.
- Click here for a listing of aid organizations in the area of health.
|Government Agency||Areas of Responsibility||Topics|
|Ministry of Economy||The Ministry of Economy is responsible for all areas related to employment.||All workers' rights relevant to the Ministry of Economy.|
|Administration of the Regulation and Enforcement of Labor Laws||Regulating the labor market and enforcing labor laws to actualize workers' rights, identifying violations and reducing the harm to salaried employees at low wage levels.||Labor laws that protect workers' rights.|
|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.||Equal employment opportunities, Working women|
|The Employment of Women Law Ombudsman||Enforcing The Employment of Women Law.||Equal employment opportunities, Working women|
|Equal Rights for Persons with Disabilities Ombudsman||The ombudsman operates under the Ministry of Justice to assist People with Disabilities.||All rights relating to people with disabilities, particularly with regard to employment.|
|The Center for the Integration of People with Disabilities into the Labor Market||The center operates within the framework of the Ministry of Economy for the full integration of persons with disabilities into the labor market, both as employees and as self-employed.||Employment of People with Disabilities|
|Commissioner of Foreign Workers Rights at work||Protection of employment rights of foreign workers in Israel||Rights of Foreign Workers|
|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|
|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|
|Authority for the Advancement of the Status of Women||Proper representation of women in public bodies, senior positions and positions of influence.||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|
Laws & Regulations
- Original translation performed by The Shira Pransky Project as part of a grant from The Fellowship Fund.