In situations in which a mother who has just given birth or her baby are hospitalized during maternity leave, the leave may be temporarily discontinued
The mother's spouse may be entitled to unpaid leave in some cases when the maternity leave is temporarily discontinued
For more information, see the National Insurance Institute's English website
In cases where a mother who has just given birth or her baby must remain in the hospital or are hospitalized during regular maternity leave for more than 14 days, the maternity leave may be temporarily discontinued.
- In such a case, maternity leave will be divided into: At least 3 weeks following the birth (meaning the the 3 weeks following the birth are always considered to be part of maternity leave), and the rest during the period of hospitalization or after its conclusion.
Two weeks after birth, the mother must be re-hospitalized for 2 and a half weeks. She may only temporarily discontinue her maternity leave beginning from the first day of the second week of her hospitalization (3 weeks following the birth), and only because she is hospitalized for more than 14 days.
- Upon temporarily discontinuing the maternity leave, payment of the maternity allowance (maternity pay) to the mother will also stop (during this time the mother may be eligible to receive Sick Pay, and the rest of her maternity allowance will be paid when she resumes maternity leave.
Who is Eligible?
- A mother who has just given birth who herself or whose baby must remain in the hospital or are hospitalized during regular maternity leave for more than 14 days.
How to Claim It?
Providing Notice to the Employer
- The mother must provide notice to the employer at least 4 days before the date on which she intends to return to work.
- If the period of admittance to the hospital continues for more than 3 weeks, the notice should be provided at least 8 days before the date on which she intends to return to work.
- If, under the circumstances, it is impossible for the mother to give notice within the times stated, she must deliver it as soon as possible.
- Attached to the notification should be confirmation from the hospital or representing doctor, regarding the period of hospitalization of the mother or baby.
Request for Splitting of Maternity Leave Pay
- A mother who has temporarily discontinued her maternity leave must fill out a claim form for the extension or splitting of maternity leave / vacation pay and send it as early as possible to the closest National Insurance Institute branch.
- Documentation from the hospital including the mother's and baby's details and the duration of hospitalization must be attached to the claim form.
- A salaried employee must attach approval from the employer that she returned to work after temporarily discontinuing maternity leave and that she resumed maternity leave afterwards.
- The self-employed must include a written declaration.
- Extension of maternity leave - A mother who has temporarily discontinued her maternity leave due to hospitalization or hospitalization of the baby may extend maternity leave for the period of hospitalization, and receive a maternity allowance for the extension up to the established limit. For more information, see: Extending Maternity Leave Due to Hospitalization of the Mother or Newborn.
- Spouse's absence from work due to hospitalization of the mother - If the mother temporarily discontinued maternity leave due to her own hospitalization (and not due to hospitalization of the baby), her spouse may be absent from work during the period of hospitalization, but no longer than 4 weeks. For more information, see: Spouse's Absence from Work Due to Hospitalization of a New Mother (Unpaid Leave).
- Click here for a comprehensive listing of organizations that provide assistance for issues related to employment and workers' rights, specifically those listed under "ארגוני סיוע לנשים".
|Government Agency||Areas of Responsibility||Topics|
|The Employment of Women Law Ombudsman||Responsible for issuing permits according to the Employment of Women Law||Equal employment opportunities, Working women|
|Equal Employment Opportunity Ombudsman||The ombudsman is responsible for enforcing all regulations related to equality at work and treatment of cases where prohibited discrimination occurred.||Equal employment opportunities, Working women|
|The 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|
|The 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.|
|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|
|Income Tax||Responsible for collecting taxable income from workers.||Workers' wages and components|
|The 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|
Laws and Regulations
- The Employment of Women Law - Sections 6(1b)(2), 6(d)(2)
- Employment of Women Regulations (Extension or Splitting of Maternity Leave Due to Hospitalization of the Mother or Child), 5759-1999
- English translation and maintenance by The Shira Pransky Project.