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Israel - Maternity protection - 2009


LAST UPDATE

13 October 2009

SOURCES


Name of Act

National Insurance Law of 1953 (consolidated version of 1995) as amended to May 2007.

Name of Act

Employment of Women Law No. 5714 dated 1954. As amended to 6 September 2007.

Name of Act

Sick Pay (Absence because of a child’s sickness) Law No.5753 of 1993.

Name of Act

Women’s Employment Regulations (Prohibited Work and Restricted Work and dangerous work), 5761-2001.

Name of Act

Women’s Employment Regulations (Working with Ionizing Radiation), 5761-2001

Other source used

National Insurance Institute of Israel (Pregnancy, birth, adoption benefits)

MATERNITY LEAVE


Scope

All female employees or self-employed women working in Israel (even if not residents of Israel); women aged 18 or older in vocational training under certain conditions and female employees working outside of Israel under certain conditions.
National Insurance Law §40(b)
Employment of Women Law §6

Qualifying conditions

Employment law allows 12 weeks of maternity leave, but maternity allowance can be paid up to 14 weeks. To be entitled to a full maternity allowance (14 weeks), the woman worker must have contributed for 10 out of the previous 14 months or for 15 out of the previous 22 months before the day the woman discontinued work during pregnancy. In the event the woman worker contributed 6 out of the previous 14 months she will be entitled to a partial maternity allowance (7 weeks).
National Insurance Law §50
Employment of Women Law §6

Duration


Compulsory leave

3 weeks after delivery.
Employment of Women Law §6(e)

General total duration

For a woman entitled to full maternity allowance (see qualifying conditions): 14 weeks or 17 weeks for twins and extended by three weeks for the third and each subsequent child. For women who are entiled to partial maternity allowance: 7 weeks extended by 3 weeks for each subsequent child.
National Insurance Law §51
Employment of Women Law §6
Historical data (year indicates year of data collection)
  • 2011: For a woman entitled to full maternity allowance (see qualifying conditions): 14 weeks or 17 weeks for twins and extended by three weeks for the third and each subsequent child. For women who are entiled to partial maternity allowance: 7 weeks extended by 3 weeks for each subsequent child.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

A female worker who is hospitalized for more than two weeks during the period of maternity leave is entitled to: a) extend the maternity leave period up to 4 weeks. However the maternity leave totally shall not exceed a period of 16 weeks; b) divide the maternity leave period so that any period of hospitalization exceeding 4 weeks shall not apply to maternity leave. Furthermore when a child borne by a worker must remain at the hospital, or return to the hospital for a period of more than two weeks within the period of maternity leave the female worker is entitled to: a) extend the maternity leave period up to 4 weeks. However the maternity leave totally shall not exceed a period of 16 weeks; b) to split maternity leave that three weeks are immediately after the date of delivery and the remainder after the day on which the child leaves the hospital.
Employment of Women Law §6(b1), (c), and (d)

Leave in case of illness or complications

During her pregnancy a female employee working a full week is entitled to up to 40 hours of time off for the purpose of medical examination. She may as well be on sick leave if and to the extent that a physician certifies that her condition so requires. Furthermore, within the 6 months following the expiration of the maternity leave, an employee who is unable to work as resulting from the childbirth is entitled to be absent from work and this absence shall be treated as absence because of illness.The employee must provide her employer with a certificate from a qualified medical practitioner.
Employment of Women Law §7

Leave in case of illness or complications

An employee is entitled to 6 days of absence per year in the event the sickness of a child under 16 years of age or up to 60 days of absence per year due to the incurable disease of a child under 18 years of age.
Sick Pay (Absence because of a child’s sickness) Law

RELATED TYPES OF LEAVE


Parental leave


Scope

After 24 months of continuous employment with the same employer, a female employee is entitled to an unpaid leave equal to one fourth of the worked period up to a maximum of 12 month leave from the beginning of the seventh week after her childbirth. A male worker may also be granted the same leave provided that he meets the same seniority requirement and in addition one of the following requirements: a) his spouse was employed for at least 24 consecutive months with the same employer immediately before the beginning of his absence or b) he has the sole custody of the child owing to invalidity or illness of his wife. The leave may be shared by both parents insofar as they are not absent of work at the same time.
Employment of Women Law §7(d)

Qualifying conditions

24 months of continuous employment with the employer.
Sick Pay (Absence because of a child’s sickness) Law §7(d)

Length

An employee is entitled to an unpaid leave equal to one fourth of the worked period up to a maximum of 12 month leave from the beginning of the seventh week after her childbirth.
Employment of Women Law §7(d)

Paternity leave


Scope

A father can replace his spouse during part of the maternity leave 6 weeks after the date of birth, and a period of at least 21 consecutive days but only if he and his spouse have accumulated a full insurance period as specified under "maternity leave-qualifying conditions". His wife must have agreed in writing and the male worker shall stop working outside his household during the period for which paternity allowance is paid.
National Insurance Law §49(b) and (c)

Scope

Under certain circumstances a father may be entitled to full maternity leave. A male employee, whose spouse gave birth and is unable to take care of her child due to a disability or illness, is entitled to take a maternity leave for the entire period that his spouse is unable to take care for her child. In this case the father is entitled up to 14 weeks maternity leave and even to extend the maternity leave if more than one child is born, if the child is born ill and hospitalized or if a child is born prematurely and is hospitalized for a protracted period. In such case, the maternity allowance for the man (calculated according to his payments to National Insurance) will be paid into the wife’s bank account. Furthermore, the fact that the male employee has taken a maternity leave cannot prejudice his spouse’s right, to the extent that she is working, to take a maternity leave.
Employment of Women Law §6(h)

Qualifying conditions

A male worker may be granted paternity leave only if his wife is entitled to a full maternity allowance (14 weeks). The employee’s wife must have contributed for 10 out of the previous 14 months or for 15 out of the previous 22 months before the day the woman discontinued work during pregnancy.
National Insurance Law §49(b)(c)

Length

Male employees have the right to paternity leave during the period that remains after the end of the first 6 weeks following the date of the birth provided that the female worker has agreed in writing to waive the equivalent period of her maternity leave.
Employment of Women Law §6(h)

Adoption leave


Scope

An employee is entitled to paid adoption leave for adoption of a child under 10 years of age.
National Insurance Law §57

Qualifying conditions

Vacation pay for adopting a child under 10 years of age is paid to an employee for cessation of work due to the adoption but only if at least one of the adopting parents has 10 months of coverage in the last 14 months or 15 in the last 22 months. Couples may choose which one of them is eligible for payment for the entire period of the adoption vacation, or they can split up the vacation between them, on condition that each of their vacations is no less than 21 consecutive days.
National Insurance Law §57

Length

Same duration as Maternity leave.
National Insurance Law §57

CASH BENEFITS


Maternity leave benefits


Scope

Maternity benefits are paid to: all employee or self-employed women working in Israel (even if not resident in Israel); women aged 18 or older in vocational training under certain conditions and female employees working outside of Israel under certain conditions.
National Insurance Law §40(b)

Qualifying conditions

To be entitled to a full maternity allowance (14 weeks), the woman worker must have contributed for 10 out of the previous 14 months or for 15 out of the previous 22 months before the day the woman discontinued work during pregnancy. In the event the woman worker contributed 6 out of the previous 14 months she will be entitled to a partial maternity allowance (7 weeks).
National Insurance Law §57, §50

Duration

Employment law allows for 12 weeks of maternity leave, but social security law allows for up to 14 weeks of paid maternity allowance. For a woman entitled to full maternity allowance (see qualifying conditions): 14 weeks or 17 weeks for twins and extended by three weeks for the third and subsequent child. For women who are entitled to partial maternity allowance: 7 weeks extended by 3 weeks for each subsequent child.
National Insurance Law §57, 51
Employment of Women Law § 6

Amount

100 % of the insured’s average daily net income in the 3 months preceding the day on which the insured woman ceased work because of pregnancy up to a maximum maternity allowance sum of NIS 1206.67 per day (as of 01.01.2007).
National Insurance Law §53
Historical data (year indicates year of data collection)
  • 2011: 100 % of the insured's average daily net income in the 3 months preceding the day on which the insured woman ceased work because of pregnancy up to a maximum maternity allowance sum of NIS 1206.67 per day (as of 01.01.2007).
  • 2004: One hundred percent (up to a ceiling)
  • 1998: Seventy-five percent (up to a ceiling)
  • 1994: Seventy-five percent

Financing of benefits

Social Security
National Insurance Law
Historical data (year indicates year of data collection)
  • 2011: Social Security
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

A female worker who has given birth to three or more children in one birth is entitled to a childbirth allowance in addition to the the maternity allowance from the birth and up to 20 months after this date.
National Insurance Law §45
National Insurance Institute of Israel (Pregnancy, birth, adoption benefits)

Paternity leave benefits


Scope

A father can replace his spouse during part of the maternity leave 6 weeks after the date of birth, and a period of at least 21 consecutive days but only if he and his spouse have accumulated a full insurance period as specified under "maternity leave-qualifying conditions". Previously, his employer shall authorize the leave period and his wife must have agreed in writing to waive part of her leave. In addition the male worker shall stop working outside his household during the period for which paternity allowance is paid.
Employment of Women Law §6(h)
National Insurance Law §49(b) and (c)

Scope

A male employee, whose spouse gave birth and is unable to take care of her child due to a disability or illness, is entitled to take a man’s maternity allowance for the entire period that his spouse is unable to take care for her child provided that the maternity allowance was not paid to the woman for the same period.
National Insurance Law §49(e)
Employment of Women Law §6(g)(1)

Qualifying conditions

A male worker may be granted paternity leave only if he and his spouse have accumulated a full insurance period. They must have contributed for 10 out of the previous 14 months or for 15 out of the previous 22 months before the day the woman discontinued work during pregnancy.
National Insurance Law §49(e)
Employment of Women Law §6(g)(1)

Duration

For the entire period that a woman is unable to take care of her child.
National Insurance Law §49(e)

Amount

A male employee, whose spouse gave birth and is unable to take care of her child due to a disability or illness, is entitled to take a man’s maternity allowance for the entire period that his spouse is unable to take care for her child provided that the maternity allowance was not paid to the woman for the same period.
National Insurance Law §49(e)
Employment of Women Law §6(g)(1)

Adoption leave benefits


Scope

An employee is entitled to paid adoption leave for adoption of a child under 10 years of age.
National Insurance Law §57

Qualifying conditions

Vacation pay for adopting a child under 10 years of age is paid to an employee for cessation of work due to the adoption but only if at least one of the adopting parents has 10 months of coverage in the last 14 months or 15 in the last 22 months. Couples may choose which one of them is eligible for payment for the entire period of the adoption vacation, or they can split up the vacation between them, on condition that each of their vacations is no less than 21 consecutive days.
National Insurance Law §57, §50

Duration

Same duration as Maternity leave.
Employment of Women Law §6A

Amount

100 % of the insured’s average daily net income in the 3 months preceding the day on which the insured woman ceased work because of pregnancy up to a maximal allowance sum of NIS 1206.67 per day (as of 01.01.2007).
National Insurance Law §57, §50
National Insurance Institute of Israel (Pregnancy, birth, adoption benefits)

Financing of benefits

social security
National Insurance Law

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

A risk pregnancy benefit is paid for each day of rest from work due to medical risk to the female worker or her fetus. The rate of the benefit is the woman’s average wage per day for the last three months. All persons residing in Israel are entitled as well to a birth and hospitalization grant paid for a birth for which hospitalization was necessary. In addition the National Insurance Institute pays the cost of transportation beyond the first 20 kilometers if the if the ambulance journey is more than 20 kilometers.
National Insurance Institute of Israel (Pregnancy, birth, adoption benefits)

Financing of benefits

Social Security
National Insurance Law

BREASTFEEDING

A female employee who is prohibited from working at certain jobs by law because of her breastfeeding is entitled to be excused from work and this absence is tantamount to leave without pay for all intents and purposes-i.e., this absence cannot preserve the employee’s seniority rights.

HEALTH PROTECTION


Arrangement of working time


Night work

A female worker, if required to work at night, at a workplace where no night work was previously done, may refuse to accept.
Employment of Women Law §4 and §10(a)

Overtime

A female worker shall not work overtime hours or during the weekly rest from the fifth month of her pregnancy unless she agrees in writing and on presentation of a medical certificate attesting that there is no reason not employing her during overtime hours.
Employment of Women Law §10

Dangerous or unhealthy work

A female worker may be excused from her job if a physician has confirmed that the employee is unable to perform her work, due to the nature of work, type of work or the worplace, or if the nature of the work , type of the work or workplace jeopardize the pregnant woman or her foetus. The right of absence in these circumstances shall be granted if the employer has not found any other suitable alternative work. In this event, the woman is entitled to a leave without pay from her employer and to payment by the National Insurance Institute for the days of absence due to "high risk pregnancy" if the absence is at least 30 consecutive days.
Employment of Women Law §7(c)
National Insurance Law §58
Women’s Employment Regulations (Prohibited Work and Restricted Work and dangerous work)

Risk assessment

The competent ministry may , by regulations, prohibit or limit the employment of female workers in sectors, production process or workplaces likely to be especially prejudicial to their health.
Employment of Women Law §1

Particular risks


» Work involving exposure to biological, chemical or physical agents

A pregnant woman shall not be exposed during work or professional training to an equivalent exposure dose, from internal or external sources of radiation, at a rate greater than 1 rem for the whole of her period of pregnancy. The average monthly rate of a woman’s exposure, shall not exceed 0,15 rems.
Women’s Employment Regulations (Working with Ionizing Radiation) §5

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

A pregnant woman shall not be employed close to a source of heat that could raise her body temperature above 38.5 degrees Celsius for 4 hours continuously.
Women’s Employment Regulations (Prohibited Work and Restricted Work and dangerous work) §5(3)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Protection from discriminatory dismissal

Dismissal is as well prohibited during maternity leave and during a period of 70 days after the end of maternity leave. Both parents are also protected against dismissal during parental leave and the 45 days following the end of parental leave.
Employment of Women Law §9A

Protection from discriminatory dismissal

Dismissal of full-time, occasional or temporary female employees is prohibited during pregnancy provided that the female employee has worked for the same employer for at least 6 consecutive months. In addition, the nonrenewal of a fixed-term contract is the same as a dismissal for the protection from discriminatory dismissal, provided that the fixed term in the contract is at least 12 months, or if at issue is a contract that extends a previous employment period, even if it is the first employment period of less than 12 months.
Employment of Women Law §9

Results generated on: 25th October 2014 at 01:09:07.
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