Work Restrictions for Pregnant Women (Right)

Introduction:

It is prohibited to have a pregnant employee work overtime or work on her weekly rest period from the fifth month of pregnancy onward

A pregnant employee from the fifth month of pregnancy onward should not be employed for night shifts if she has notified her employer in writing that she does not agree to work at night

It is prohibited to employee a woman who has notified her employer of her pregnancy in work that is classified as dangerous.

An employee denied these rights is entitled to file a complaint against the employer to the Labor Laws Enforcement Unit of the Ministry of Economy

For more information, see section 10 of the Womens' Employment Law

See also…

• Pregnancy and Birth
• Working women
• Prohibition of Firing a Pregnant Employee
• High-Risk Pregnancy Employment Rights
• Unpaid Leave For A Pregnant Employee Due To The Nature Of The Work
• הגבלת עבודה בהריון

The Employment of Women Law establishes various restrictions on the employment of pregnant women.

Overtime or Work During the Weekly Rest Days

• Section 10(a) of the law established that from the fifth month of pregnancy onward, it is prohibited to have a pregnant employee work overtime hours (hours beyond what is considered a [[he:יום עבודה ושבוע עבודה|full-time day or week) or on her weekly days day of rest.
• However, according to section 10(b), the employer may employ the worker for overtime or during the weekly days of rest if the following criteria are met:
  • The employee has consented in writing;
  • The employee has provided the employer with medical approval from an OB/GYN indicating that there is no need to refrain from working overtime or during the weekly days of rest;
  • The employee's working conditions will be in accordance with anything specifically detailed in the medical approval.

Working Night Shifts

• According to section 10(a) of the law, it is prohibited to have a pregnant employee work at night from the fifth month of pregnancy onward, as long as the employee has notified the employer in writing that she does not agree to work at night.
• Section 10(d) defines night work as at working for at least two hours between 22:00 and 06:00.

Who is Eligible?

• All pregnant employees, starting from the fifth month of pregnancy.

How to Claim It?

• The employee must notify her employer during the fifth month of pregnancy.
• After the employee has provided this notification, or if the employer is made aware of the pregnancy by other means, the employee is entitled automatically.

Limited Exposure to Ionizing Radiation

• In accordance with the Regulations of Working Women (Working with Ionizing Radiation), a woman who is employed in work that may expose her to over 5 millisievert - mSv of radiation in a year, should inform her employer of her pregnancy as early as possible.
• From the moment the employer is notified of the employee's pregnancy, the amount of exposure from the job will be determined according to the amounts listed in the Second addendum to the Work Safety Regulations (Environmental Monitoring and Biological Monitoring of Workers with Harmful Agents) - section B.

Prohibition of Employment in Dangerous Jobs

• In accordance with the Regulations of Working Women (Prohibited Work, Limited Work and Dangerous Work) 2001, an employer who is informed about his employee's pregnancy may not hire her for the following types of work:
  • Work involving the production of materials listed in the Third Addendum to the Regulations of Working Women (not including the injection of anti-synthetic cytotoxic preparations ready for injections as explained in the third addendum).
  • Work that includes exposure to materials listed in the fourth or fifth addendum to the Regulations of Working Women in concentrated amounts that exceed those established in the Second addendum to the Work Safety Regulations (Environmental Monitoring and Biological Monitoring of Workers with Harmful Agents) (not including the injection of anti-synthetic cytotoxic preparations ready for injections as explained in the fourth addendum).
  • Work that is in close proximity to a heat source that may cause the employee's body temperature to rise about 38.5 degrees Celsius for 4 consecutive hours.
• An employee that in her work is exposed to heat or any of the materials mentioned (in any concentration) is obligated to inform her employer of her pregnancy within 10 days of finding out she is pregnant.
• The employee should include a doctor's note certifying her pregnancy.
• In situations where appropriate alternative work can not be found by the employer:
  • The employer should provide the employee with a letter explaining the nature of the work and attest that he can no provide her with alternative work.
  • A gynecologist should sign the employee's Bed Rest forms.

Unpaid Leave and Bed Rest Benefit

• A pregnant woman is entitled to take unpaid leave if a doctor certifies in writing that her type of work, workplace, or work methods, pose risk to her or the fetus or if the pregnancy makes it not possible for her to do her work.
• An employee is eligible for the Bed Rest Benefit from the National Insurance Institute if she meets the following 2 conditions:
  • The woman has been absent from work for at least 30 days during her pregnancy because her work environment or type of work can cause harm to her or the fetus.
  • Her employer did not find her alternative work.

Please Note

• If a pregnant employee is denied this right by the employer, she is entitled to file a complaint against the employer with the Ministry of Economy's Enforcement Unit.

Aid Organizations

• 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 Agencies

For a list of government agencies dealing with employment and specifically with the employment of women

Laws and Regulations

• The Employment of Women Law - Section 10
• Regulations of Working Women (Prohibited Work, Limited Work and Dangerous Work) 2001
• Regulations of Working Women (Working with Ionizing Radiation) 1979

• Second addendum to the Work Safety Regulations (Environmental Monitoring and Biological Monitoring of Workers with Harmful Agents) 2011 - addendum B
• The Law for Increased Enforcement of Labor Laws

• A Brief Workers' Rights Guide from the Yedid - The Association for Community Empowerment website-->

Credits

• Original translation by AACI's Shira Pransky Project.