Labor Law Attorney
Women's rights at work
In the world of labor law, working women are entitled to unique rights and these relate to various issues, chief among them, the period of pregnancy and childbirth, with the aim of preventing the deprivation of women at work just because of pregnancy. In this article, we will present the main rights in this matter: protection against dismissal, the right to be absent from work and the right to sick leave.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
Dismissal protection
A pregnant worker is protected from dismissal throughout the period of her pregnancy and up to 60 days after the end of maternity leave. If the employer is interested in firing an employee during this period, he must submit an application for a permit to the Commissioner of the Women’s Labor Law at the Ministry of Labor. If an employer fires an employee under these conditions without a permit, the dismissal is void, and the employee is entitled to all of her rights as if she had not been terminated. She will also be able to claim compensation from the employer under the Women’s Labor Act. If she was fired due to her pregnancy, she is also entitled to compensation under the Equal Employment Opportunity Act. We emphasize that the prohibition in the law on the dismissal of a pregnant woman also includes a prohibition on harming the conditions of her employment, for example her status at work or the scope of her job. A question that arises in this context, is whether the employee’s seniority is a relevant? the answer is yes. A distinction must be made between an employee with a seniority of six months or more and an employee with a lower seniority. In the first case, the employee receives full and complete protection against dismissal without a permit, for any reason. This is different from the second case, when the employee’s seniority is less than six months, the employer may dismiss her without a permit as long as the reason for dismissal is legitimate and not due to the pregnancy.
Absence from work
pregnancy requires woman to undergo various medical tests, therefor, the law therefore the law stipulates that pregnant woman have the right to be absent from work without this leading to a reduction in wages. The scope of the absence depends on the scope of the employee’s job:
A pregnant woman who works more than 4 hours a day is entitled to be absent from work for up to 40 hours throughout the period of pregnancy. When the scope of the job is less than 4 hours a day, the employee can be absent for about 20 hours. the right to be absent from work without harm to wages also applies to an employee who is undergoing fertility treatment. The employee will then be entitled to be absent from work due to the treatments, at the expense of the sick days up to the maximum entitlement: the employee is 5 days a week, she can stand up to 64 days a year and the employee 6 days a week up to 80 days. In addition, during her absence and for 150 days thereafter, a worker in fertility treatment is protected from dismissal and if the employer has requested a dismissal, he will have to obtain a permit, as must be done with respect to a pregnant worker. This protection against dismissal is given to the employee regardless of her seniority, but we emphasize that if she was not absent from work due to fertility treatments, the prohibition on dismissal applies only if she has a seniority of 6 months or more.
The right to sick leave
There is no doubt that a ban on dismissal and the right to be absent from work without harming wages are extremely important for the female public and have the potential to largely preserve their status in the workplace and prevent harm to them due to pregnancy. Another and no less important right is the right of a pregnant worker go on sick leave without prejudice to her seniority for the purpose of calculating social rights. Recognition of this right is contingent on 2 factors: the fetus’s health and the condition that the employer has failed to find a suitable replacement position for the employee.
To sum things up, the legal field of women’s labor rights is a dynamic legal field that requires expertise and experience in the field of labor law.
The labor law division of the law firm Mor & Co. specializes in the legal representation of employers in Israel with full compliance with the requirements of the law.
We understand the importance of protecting the legal status of employers. Labor law presents a number of challenges. We are here to assist you if you require legal advice and representation.
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