Introduction:

An employee whose spouse has given birth and ןדhospitalized for at least 15 daysת is permitted to be absent from work during the period of her hospitalization for up to 4 weeks, and it is considered unpaid leave.
An employee is only permitted to be absent from work in such a case if the spouse has chosen to temporarily discontinue maternity leave as a result of the hospitalization
If an employee wants to return to work before the end of such a planned leave, the employer may not delay his return by more than 2 weeks
An employer may not fire the employee during this absence.
  • If a mother who has just given birth temporarily discontinues maternity leave due to hospitalization, her spouse is permitted to be absent from work during the period she is hospitalized (and has temporarily discontinued her maternity leave), but for no more than 4 weeks.
  • This absence is considered unpaid leave.
  • The employer may not fire the employee during this period of leave.

Who is Eligible?

  • The spouse of a woman who has just given birth is entitled to be absent from work as a result of hospitalization of the new mother, if both of the following conditions are met:
  1. The mother remained hospitalized following birth or was re-hospitalized for a period of at least 15 days during maternity leave.
  2. The mother chose to temporarily discontinue maternity leave during the period of the hospitalization.

How to Claim It?

  • The right should be granted automatically.
  • Employees must notify their employer regarding the absence.
  • Employers may not prevent an employee to be absent in such cases.

Please Note

  • If an employee returns to work, or expresses his desire to return to work before the end of such a planned leave, the employer may not delay his return by more than 2 weeks from the date the employee returns to works or expresses his desire to do so.
  • The right to be absent from work is only relevant if the mother is hospitalized, and not if the newborn is hospitalized.
  • The employer may not fire the employee during this leave period. If the employee is fired he can file a complaint against the employer and is entitled to be paid a fine by the employer.

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