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19 February 2020
The Employment of Women Law (5714-1954) entitles both women and men to certain parental rights, including:
Employers cannot diminish the position or income of pregnant women, employees undergoing fertility treatment (both men and women) and employees returning from maternity leave (both men and women). Any deterioration is subject to the approval of the Ministry of Labour.
Women maintain their position during pregnancy, during the course of fertility treatment and for 60 days following the end of maternity leave, unless employers have received approval from the Ministry of Labour (which is not readily provided). This also applies to men undergoing fertility treatment and men who shared maternity leave with their spouse. Further, termination of employment cannot occur during maternity leave.
Women's entitlement to maternity leave is based on their length of service. If they have worked for the employer for at least 12 months, they are entitled to 26 weeks of partly paid maternity leave. If the employee has less than 12 months' service with the employer, they are entitled to 15 weeks' leave. Maternity leave can be split between parents; however, the first six weeks' leave must be taken by the mother. Additional family-related leave is mandatory under law, such as adoption leave, foster care leave, expecting parent leave (surrogacy procedure), fertility treatment leave and abortion-related leave, all of which are subject to the terms and conditions specified under law.
During the first 15 weeks of maternity leave, employees are entitled to a birth fee from the National Insurance Institute at a rate of 100% of their salary. The remaining weeks are unpaid. Employees continue to accrue annual leave and pension fund contributions during maternity leave.
After maternity leave, employees are entitled to unpaid vacation. Employees are entitled to unpaid vacation leave according to their seniority at the workplace (one-quarter of the working period, up to one year).
Employees who return to work after maternity leave are entitled to breastfeeding and parental time (ie, employees are entitled to shorten their workday by one hour without decreasing their salary). Employees need not breastfeed in order to receive the benefit. The entitlement is given to employees who work at least 174 hours per month or as customary in their workplace. Adopting parents and parents who raise a baby through a surrogacy procedure are entitled to the benefit as well.
For further information on this topic please contact Shay Teken or Moran Friedman at Fischer Behar Chen Well Orion & Co by telephone (+972 3 694 4111) or email (firstname.lastname@example.org or email@example.com). The Fischer Behar Chen Well Orion & Co website can be accessed at www.fbclawyers.com.
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