Employee Rights During Illness

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## **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](https://www.lawreviews.co.il/search/labour-law)**. 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](https://www.lawreviews.co.il/)**

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.

---

## **LawReviews — The Leading Platform for Finding Expert Labour Law Attorneys**

If your rights have been violated, or if you were dismissed due to illness, **LawReviews** will help you find the right specialist. Read genuine reviews, compare lawyers, and obtain the representation that will protect your rights and your health. Visit **LawReviews** now!

Labour law Lawyers

A comprehensive guide to employee rights during illness in Israel: sick days, salary payment, medical certificates, protection from dismissal, and everything you need to know.

Is It Permissible to Dismiss an Employee via WhatsApp?

## **Introduction**

In the digital age, communication has moved to online channels: WhatsApp, emails, SMS messages. A question that arises not infrequently is: **is an employer permitted to dismiss an employee by means of a WhatsApp message, an email, or a text message?** Or does the law require a face-to-face meeting and the delivery of a physical dismissal letter?

The answer is somewhat complex. On the one hand, Israeli law does not require a specific form for the delivery of a dismissal notice. On the other hand, case law and accepted practice favour communication that is clear, respectful, and documented. Dismissal via WhatsApp or email is not necessarily unlawful, but it may be considered improper.

This article will examine the subject in depth — what the law provides, when digital dismissals are valid and when they are not, and what an employee's rights are in such a case.

**What Does the Law Say?**

### **No Legal Requirement for a Specific Form**

The Prior Notice to Dismissal and Resignation Law, 5761-2001, does not require a specific form for the delivery of a dismissal notice. The law provides that the employer must notify the employee of the dismissal in advance (the notice period), but it **does not define** how the notice must be delivered.

From a legal standpoint, **dismissal orally, via WhatsApp, by email, or by SMS — all are valid**, provided that the notice reached the employee clearly and unambiguously.

### **The Central Requirement: Clarity and Certainty**

The primary legal requirement is that **the dismissal notice be clear, unambiguous, and final**. The employee must understand from the notice that they are being dismissed, when the dismissal will take effect, and what the notice period is. It should be noted that if the notice is vague — for example, "we may need to part ways with you soon" — it may not be treated as a valid dismissal notice.

## **Dismissal via WhatsApp — Is It Lawful?**

### **Technically speaking: yes.** A dismissal notice via WhatsApp is **lawful**, provided it meets the requirements: clear, unambiguous, and has come to the employee's attention.

### Although it is lawful, **dismissal via WhatsApp may be regarded as improper** or offensive. The reasons for this are:

**Lack of respect**: dismissal is a significant event in an employee's life. A WhatsApp message may be perceived as contemptuous and dismissive.

**Lack of opportunity for dialogue**: a face-to-face meeting allows the employee to ask questions, understand the reasons, and receive explanations. WhatsApp does not permit genuine dialogue.

**Difficulties of proof**: although WhatsApp leaves a record, disputes may arise regarding the time of delivery, whether the message was read, or its content.

**Negative impression**: dismissal via WhatsApp may leave a bad taste and damage the employer's reputation.

### **The trend in case law:** labour courts tend to look unfavourably upon dismissals carried out in a disrespectful manner — for example, via WhatsApp without any prior notice. Dismissal in such a manner may lead to rulings that are not favourable to the employer.

## **Dismissal by Email — Is This Better?**

**Dismissal by email** is considered more acceptable than via WhatsApp, particularly in professional or office-based roles. Email is a more formal channel of communication and allows for a structured, clear, and detailed formulation.

**The advantages of email** are: **formality** — email is perceived as an official business channel; **documentation** — the email is saved in the system and constitutes clear evidence; **possibility of elaboration** — additional details can be included in the email (reasons, rights, process).

Although email is more widely accepted, it **is not a substitute for a face-to-face conversation.** **The good and recommended practice** is that dismissals be delivered in a personal meeting, followed by a confirmation email.

**What to Do If You Were Dismissed via WhatsApp or Email?**

### **If you receive a digital dismissal notice, save the message**: take a screenshot or copy the text. It should be remembered that the mere delivery of a dismissal notice in online form does not constitute a defect that would invalidate the dismissal, since this is not prohibited.

**Request written confirmation**: approach the employer and request an official written dismissal letter.

**Check the validity of the dismissal**: is there a legitimate reason? Was proper advance notice given?

**Consult a lawyer**: if you believe the dismissal is unlawful, or that it was carried out in an offensive manner, approach a labour law attorney.

## **Dismissal During Leave or Illness**

**Dismissal of an employee who is on leave or sick** requires special attention. If the employer sends a dismissal notice via WhatsApp to an employee who is on leave or ill at home — this may be considered particularly improper and give rise to serious difficulties.

---

## **LawReviews — The Leading Platform for Finding Expert Labour Law Attorneys**

If you were dismissed via WhatsApp or by any other means that seems improper to you, and you require legal advice — **LawReviews** will help you find the right lawyer. Read genuine reviews, compare expert labour law attorneys, and receive the representation you deserve. Visit the **LawReviews** website now!

Is dismissal via WhatsApp lawful? What is the legal position regarding dismissal by email or SMS? The complete guide to digital dismissals and your rights.

Occupational Physician — When an Employer May Require an Employee to Undergo an Examination and What the Implications Are

A comprehensive guide to occupational physicians: when an employer may require an employee to undergo a medical examination, employee rights to medical privacy, reasonable accommodations, and implications for continued employment. Everything you need to know about occupational health examinations in Israel.

Sick Days — Medical Examination at the Employer's Request and Dismissal During Sick Leave

A comprehensive guide to employee rights during sick days: medical examination at the employer's request, dismissal during sick leave, eligibility conditions for sick pay, and legal protections. Everything you need to know about Israeli labour law in situations of illness.

Employing Workers on Shabbat — Rights and Procedures

## Introduction: The Delicate Balance Between Rest and Economic Needs

Employing workers on the weekly day of rest is a legally, religiously, and socially charged issue, regulated primarily by the Hours of Work and Rest Law, 5711–1951. The law is designed to protect every worker's fundamental right to continuous weekly rest, and to establish that for Jewish workers the day of rest is Shabbat (from the onset of Shabbat until its conclusion), while for non-Jewish workers it is Friday, Saturday, or Sunday at their choice. The day of rest is sacred, and work on that day is permitted only in exceptional circumstances and under strict statutory limitations.

As a general rule, the law prohibits employing workers on their weekly day of rest. Work on Shabbat is permitted only to workplaces that have obtained a general or special permit from the Minister of Labour (formerly the Ministry of Economy), and only where it has been established that cessation of work is likely to cause serious harm to security, the economy, the work process, or the supply of essential needs to the public. A worker employed on Shabbat is entitled to an enhanced financial remuneration (at least 150%) and to alternative compensatory rest. You should be aware that enforcement of the law is rigorous, and its violation exposes the employer to severe criminal and administrative sanctions.

### The Hours of Work and Rest Law: The Day of Rest as a Fundamental Right

The foundation of the rules governing work on Shabbat is the statutory recognition of the worker's right to a weekly rest of at least 36 consecutive hours. This right cannot be waived, even if the worker is willing to work. You must understand that the law places primary responsibility on the employer, requiring them to obtain a special permit for work on Shabbat before employing a worker on their weekly day of rest.

### The Prohibition on Employment and the Permitted Exceptions

Employment during the weekly rest is permitted only if the competent minister (the Minister of Labour) has determined that cessation of work on that day is likely to cause harm on one of the grounds enumerated in the law. Such permits are granted through two main channels:

1. **General (sectoral) permit:** granted to entire branches of the economy such as hospitals, hotels, certain transport services, manufacturing plants with continuous technological processes, and suppliers of essential goods to the public. These sectors are permitted to employ workers on Shabbat in accordance with the conditions of the permit.
2. **Special (individual) permit:** granted to a specific employer following an examination of the necessity of the specific activity at their place of business. An employer applying for a permit must demonstrate that cessation of activity on Shabbat will cause serious harm (for example, a threat to property safety or a production process that cannot be halted). This permit is generally issued for a limited period.

If you are an employer, you are obligated to check whether a general permit exists for your sector or whether you must submit an application for a special permit. If you are an employee, you are entitled to demand that the employer present the permit authorising them to employ you on Shabbat. Employment without a permit constitutes a criminal offence on the part of the employer.

## Shabbat Work Remuneration: The Worker's Double Compensation

When work on Shabbat is carried out under a lawful permit, the worker is entitled to a "double compensation" — monetary compensation and time compensation. It is important for you to understand that these two entitlements are interlinked and it is not possible to choose only one of them.

### Monetary Compensation: Enhanced Pay (150% and above)

For every hour of work on the weekly day of rest, the worker is entitled to pay of 150% of their regular rate, meaning an addition of 50% to the regular wage.

* **Calculation of overtime on Shabbat:** if your work on Shabbat exceeds the permitted daily or weekly working hour quota (8–9 hours per day, or the weekly hour quota), you are entitled to multiply-enhanced remuneration. For the first two overtime hours, the pay is 150% (for Shabbat) + 25% (for overtime) = 175%. From the third overtime hour onwards, the pay is 150% (Shabbat) + 50% (overtime) = 200% of the regular wage.
* **Inclusion of Shabbat in the calculation of social rights:** it is important to know that in the context of calculating social rights such as severance pay or recuperation pay, hours worked on Shabbat are counted within the total working hours, with the component of 100% of the regular wage included in the calculation base.

### Time Compensation: Compensatory Rest

In addition to the enhanced financial remuneration, a worker employed during the weekly rest is entitled to alternative compensatory rest. This rest must be at least 36 consecutive hours (or 25 hours in certain sectors) and must be granted at another time during the six working days following the weekly day of rest.

#### The Obligation to Pay for Compensatory Rest

As a general rule, the law does not require payment for the day of compensatory rest. However, workers on a monthly salary will receive their full regular pay, including the day of compensatory rest (since the monthly salary is paid on a global basis). If you are paid on a daily or hourly basis, a provision requiring payment for the compensatory day may apply to you, in accordance with extension orders or collective agreements in your sector.

## The Right to Refuse to Work on Shabbat: Protection of Your Conscience

The amendment to the Hours of Work and Rest Law (known as the "freedom of occupation law amendment") grants you, as workers, an exceptionally important right — the right to refuse to work on your weekly day of rest on grounds of conscience or religious belief.

### The Refusal Procedure and the Prohibition on Discrimination

The law prohibits an employer from:

* Requiring a worker to work on Shabbat without first ascertaining that the worker is willing to do so.
* Dismissing a worker solely because they refused to work on Shabbat on religious grounds, or refusing to hire them for this reason. This is considered prohibited discrimination and the Labour Court views it with great severity.

If you are a Jewish worker and refuse to work on Shabbat on religious grounds, you must declare this in writing to the employer — generally by means of a statutory declaration confirming that you observe kashrut at home and outside it and that you do not travel on Shabbat. The declaration obligates the employer to refrain from employing you on Shabbat.

### Exceptions to the Right of Refusal

The right of refusal is not absolute and does not apply to workers employed at workplaces that have received special approval from the Regulation Committee at the Ministry of Labour. These are workplaces where work on Shabbat is essential for national security, public order, or the safety of persons and property (such as emergency services, hospitals, or critical facilities). Even in such cases, the employer must obtain special approval from the Committee to override the refusal. If you work at such a workplace and have refused, you should examine the legal validity of the employer's demand and whether the necessary approval has been obtained.

## Dismissal and Deterioration of Conditions Due to Refusal to Work on Shabbat

Dismissing a worker for refusing to work on their weekly day of rest constitutes discrimination and a serious violation of the law, which entitles you to claim enhanced compensation.

### Exemplary Damages and Proof of Loss

If you were dismissed for refusing to work on Shabbat, you are entitled to file a claim with the Labour Court. The compensation may be twofold:

1. **Compensatory damages:** the wages you lost and the social rights that were affected.
2. **Exemplary damages:** the Labour Court may award you particularly high compensation (damages without proof of loss) for the discrimination and violation of the law, with the aim of punishing the discriminating employer and deterring other employers. The amount of exemplary damages may be significantly higher than the value of the actual harm caused to you.

### Deterioration of Conditions and Constructive Dismissal

If your employer unilaterally changes your employment conditions so as to compel you to work on Shabbat (even though this was not agreed in advance), this change may be considered a tangible deterioration of conditions. In such a case, if you resign as a result of the deterioration, your resignation will be legally recognised as dismissal, entitling you to full severance pay in addition to compensation for the discrimination.

[**An employment lawyer**](https://www.lawreviews.co.il/search/labour-law) will assist you in drafting your resignation letter in legally precise terms, ensuring that your resignation is recognised as dismissal in circumstances of deterioration of conditions.

## LawReviews: The Key to Choosing an Expert in Employment Law and Shabbat Disputes

Labour disputes surrounding Shabbat employment are disputes involving high sensitivity and complex legislation. Success in these cases requires a lawyer who specialises specifically in employment law and who is familiar with the current case law of the Labour Courts on compensation for discrimination and refusal to work on Shabbat.

The LawReviews platform provides you with an effective tool for choosing the right lawyer:

* **The wisdom of the crowd:** you can read genuine reviews from workers and employers who have used lawyers to handle Shabbat disputes, dismissal claims, or applications for employment permits. The reviews reveal the level of expertise and success of lawyers in cases similar to yours.
* **Building trust and reputation:** [**lawyers**](https://www.lawreviews.co.il/) who use LawReviews ensure a professional and focused online presence. They allow you to find them easily using keywords such as "work on Shabbat", "employment discrimination", or "severance pay", thereby building trust based on testimonials from past clients.

Choosing the right legal representation is essential for realising your rights and building the evidentiary case required against a non-compliant employer.

## Questions and Answers

**Can a Jewish worker who is not religiously observant refuse to work on Shabbat?**
Yes, in principle. Following amendment 18 to the Hours of Work and Rest Law, any worker — including one who is not religiously observant — may refuse to work on their weekly day of rest (for a Jewish worker, Shabbat) on grounds of conscience or any other reason, within 3 days of the employer's demand. However, if the stated reason is religious, they must attach a statutory declaration as required by law. A refusal that is not religious in nature may encounter greater difficulty if the employer seeks special authorisation from the authorities to override the refusal.

**Question: Does the enhanced pay (150%) for work on Shabbat include the compensatory rest?**
No. The enhanced pay of 150% is financial remuneration for the act of working on the day of rest itself, and it does not replace the compensatory rest (an alternative day off). A worker employed on Shabbat is entitled both to pay of 150% and to 36 consecutive hours of alternative rest during the week. If the employer has provided only one of the two, they are in violation of the law.

**When is an employer permitted to employ a worker without a special permit?**
An employer may employ workers without a special permit only if their activity falls within a general permit issued to an entire sector of the economy (such as hospitals or certain transport services). Employment is also permitted in exceptional unforeseeable circumstances, such as saving life or property from immediate harm, but these cases are interpreted very narrowly.

**If the employer dismissed me for refusing to work on Shabbat, what is the maximum compensation I am entitled to?**
In addition to full severance pay (where applicable) and pay in lieu of notice, you are entitled to compensation for discrimination. The compensation for discrimination can reach up to 12 months' salary, and even more in serious cases, as exemplary damages that the Labour Court awards without proof of loss, in order to protect the principle of Shabbat and prevent discrimination on the basis of religion and conscience.

**Is a non-Jewish worker required to work on Shabbat if they chose Friday as their day of rest?**
A non-Jewish worker may choose their weekly day of rest: Friday, Saturday, or Sunday. If they chose Friday, that day is considered their weekly day of rest, and the employer may employ them on Shabbat, subject to general legal requirements (checking whether an employment permit exists). If the worker is employed on Shabbat, that day is considered a regular working day (unless otherwise agreed in the contract).

A complete guide to working on Shabbat: employment permits, 150% pay premium, compensatory rest, the right to refuse on religious grounds, and compensation for discrimination. All rights of the employee and employer.

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Useful Links

A search engine from the Israeli Bar Association website that provides an updated list of lawyers who have been suspended or expelled from the bar:

<a1>https://www.israelbar.org.il/Hashaiot.asp?catid=112</a1>

A list of lawyers against whom a vacation of stay order has been issued:

<a2>https://www.israelbar.org.il/article_inner.asp?pgId=71939&catId=3034</a2>

Inquiry from LawReviews website for {profileName}

Legal Articles in Labour law Lawyers

Found 5 articles

Employee Rights During Illness

Is It Permissible to Dismiss an Employee via WhatsApp?

Occupational Physician — When an Employer May Require an Employee to Undergo an Examination and What the Implications Are

Sick Days — Medical Examination at the Employer's Request and Dismissal During Sick Leave

Employing Workers on Shabbat — Rights and Procedures