Employee Rights During Illness

Introduction

Any employee may fall ill — whether it is a flu lasting a few days, an operation requiring a lengthy recovery, or a chronic condition. At such times, the employee needs not only medical care but also financial security: the knowledge that their salary will continue to be paid, their position will be kept, and their rights will be protected. Labour law in Israel is designed to strike an appropriate balance between the employee's right to protect their livelihood and health, and the employer's managerial needs and the continuity of the business.

The Legal Basis: What Does the Law Say?

The primary right of an employee in Israel during illness is anchored in the Sick Pay Law, 5736-1976. This law establishes that an employee who is absent from work due to illness is entitled to receive from their employer a payment (sick pay) for the days of their absence, debited against the sick leave they have accumulated.

How Many Sick Days Is an Employee Entitled To?

The Rule: 1.5 days for every month of employment with the same employer (or 18 days per year).

A part-time employee accumulates days proportionally to the scope of their position.

Annual calculation: 1.5 days × 12 months = 18 sick days per year

Accumulation and Preservation of Days

Sick days accumulate over time and do not "disappear" at the end of the year. Unused days are retained. However, upon termination of the employment relationship, an employee is not entitled to a cash redemption of unused sick days (unless otherwise stipulated in an individual contract or collective agreement).

There is a maximum cap on the number of sick days that may be accumulated — 90 days in total.

When Does Entitlement Begin?

The right to accumulate sick days begins from the first day of employment.

How Is Salary Paid During Sick Days?

The First Day of Illness

No payment is made. This day is at the employee's expense.

The Second and Third Days

The employee is entitled to 50% of their daily wage for each of these days.

From the Fourth Day Onwards

The employee is entitled to 100% of their daily wage, up to the exhaustion of their accumulated sick day quota (up to a maximum of 90 days).

Daily wage for calculation purposes — the wage the employee would have received had they continued working. It includes the base salary and fixed allowances, but generally does not include expense reimbursements that are irrelevant while the employee is at home.

What Medical Certificates Are Required?

Doctor's Certificate — In order to receive sick pay, the employee must present a medical certificate (sick note) from a doctor. It must be presented within three days of the first day of absence, unless the practice at the workplace provides otherwise. Today, most certificates are digital and transmitted by email or via the health fund's application.

Can the Employer Require a Certificate for a Single Day of Illness?

Yes, the employer is entitled to require a medical certificate even for a single day of illness. Without a certificate, the absence may be treated as an unlawful absence.

Can the Employer Send a Doctor to Examine Me?

An employer may not send a doctor to the employee's home — this is considered a violation of privacy. In exceptional cases of prolonged illness, the matter may be referred to an occupational physician.

Protection Against Dismissal During Illness

Israeli law provides protection for employees who have fallen ill, in recognition of the vulnerable position in which they find themselves.

The employer may not dismiss an employee who is absent from work due to illness, so long as the employee has accumulated sick days remaining. The prohibition applies not only to the dismissal itself, but also to the issuance of advance notice of dismissal or a summons to a disciplinary hearing.

If the employer dismisses an employee during illness or immediately after its conclusion, there is a presumption that the dismissal is connected to the illness, and it may be deemed an unlawful dismissal.

The protection ends upon exhaustion of the accumulated sick days. Once all sick days have been used, the employer is entitled to commence dismissal proceedings, subject to a lawful disciplinary hearing.

Furthermore, if a summons to a hearing or a dismissal letter was received before the illness, the illness does not halt the process but merely defers the actual termination of employment until the sick days have been exhausted.

Exception: Closure of the Business

The employer is entitled to dismiss an ill employee only if the business has ceased operating entirely, or if the employer has been declared bankrupt.

What to Do If You Were Dismissed Due to Illness?

Dismissal in contravention of the Sick Pay Law constitutes unlawful dismissal. It is recommended to approach labour law attorneys. Dismissal on account of illness is unlawful, and you are entitled to significant compensation.

Rights in Cases of Chronic Illness

A chronic illness is a long-term condition requiring ongoing treatment (such as diabetes, hypertension, heart disease, autoimmune conditions, etc.). Employees dealing with a chronic illness are entitled to special protections designed to enable them to continue participating in the workforce.

1. Accumulation and use of sick days — an employee with a chronic illness is entitled to accumulate sick days like any other employee. They may use these days also for short absences required for periodic check-ups, preventive treatments or surgery, subject to the presentation of an appropriate medical certificate.
2. Obligation to make workplace accommodations — under the Equal Rights for Persons with Disabilities Law, the employer bears an active duty to make accommodations for the employee, such as: flexible working hours, working from home, adaptation of the physical environment, modification of job requirements, and so forth.
3. Protection against discrimination and dismissal — there is an absolute prohibition on an employer discriminating against an employee or dismissing them on account of their chronic illness, so long as the employee is capable of performing their role. Before dismissing an employee with a chronic illness, the employer must conduct a particularly thorough disciplinary hearing and examine whether an alternative position exists that is suited to their condition.

What to Do If the Employer Violates Your Rights?

Disagreements between employees and employers over the period of illness are not uncommon. Such violations may manifest as non-payment of sick pay, pressure to return to work prematurely, or threats of dismissal.

Step 1: Meticulous Real-Time Documentation

• Retain medical certificates
• Document communications with the employer
• Save emails, messages, and pay slips

Step 2: A Formal Written Approach

If the employer is violating your rights, send a letter (by email and registered post):

• State the facts and explain the violation
• Reference the law and cite its provisions (Sick Pay Law)
• Demand rectification

Step 3: Approach a Lawyer

If the employer does not rectify the violation, approach a lawyer specialising in labour law. They will assess the case and, as required — send a warning letter, or file a claim.

Step 4: A Claim in the Labour Court

The Labour Court has jurisdiction to adjudicate disputes of this kind. In a claim one may demand:

• Payment of sick pay that was not paid
• If you were dismissed due to illness — compensation for unlawful dismissal
• Compensation under the Equal Rights for Persons with Disabilities Law

Special Rights in Work Accidents and Occupational Diseases

Work Accident

If you were injured in a work accident (an accident that occurred in the course of work or on the way to or from it), you have special rights:

• Injury benefit — the National Insurance Institute pays the employee for the days of absence (up to 13 weeks) a sum equivalent to 75% of their wage net of tax.
• Payment of the first days — the employer pays the injury benefit for the first 12 days, after which the National Insurance Institute reimburses the employer or pays the employee directly.

Important — in the event of a work accident, sick days are not deducted from the employee's personal accumulated balance.

Occupational Disease

If you contracted an illness that developed over time due to exposure to substances, noise, or specific working conditions (for example, back problems from physical labour, respiratory problems from working in a polluted environment), this constitutes an occupational disease.

• Recognition — in order to receive entitlements, the employee must prove a direct causal link between the working conditions and the illness.
• Rights — recognition as a work casualty enables the receipt of free medical treatment, vocational rehabilitation, and where necessary — determination of a disability percentage and a grant or monthly lifetime pension.

Seek legal advice in such cases — these matters are complex and important.

Important Tips for Employees

Report Illness Immediately — If you are ill, notify your employer straight away.

Do Not Return to Work Before the Doctor Has Cleared You — If the doctor has determined a rest period, do not return prematurely due to pressure.

Keep Every Certificate and Pay Slip — Documentation is an important tool.

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