Understanding Israel's Sick Leave Law: How Pay and Accrual Work
Israeli law dictates that employees accrue one and a half sick days per month of work, totaling 18 days annually, with a maximum accrual cap of 90 days. These accrued days transfer with the employee to a new employer but reset if the employee changes jobs. The first day of sick leave is unpaid, the second and third days are paid at half the employee's regular rate, and all subsequent days are paid in full. This structure often surprises employees who expect full pay for any absence with a doctor's note.
For an employee earning NIS 11,000 per month (based on a 22-day work month), a single workday is valued at approximately NIS 500. If this employee takes five days of sick leave, they would receive zero for the first day, NIS 250 for the second, NIS 250 for the third, and NIS 500 for the fourth and fifth days, totaling NIS 1,500 instead of the full NIS 2,500, resulting in a loss of NIS 1,000 for that week. A key detail is that the count of sick days begins on the day the illness starts, not necessarily the first day of absence, a calculation confirmed by labor court rulings. If an employee falls ill on a Friday and returns Tuesday, their first actual day of absence might fall within the fully paid days, improving their financial outcome.
The law also allocates specific sick days for other situations. Eight days per year are available for a child's illness (up to age 16), provided the other parent is employed and working. Single parents or those with sole custody are entitled to 16 days. These days are deducted from the employee's personal sick leave balance. Parents of children under 18 with cancer or undergoing dialysis are granted 90 days annually, separate from the general child illness allowance, requiring one year of employment with the current employer.
Additional provisions include six days for a spouse's illness, six for a dependent parent's illness, and an extended 60 days for a spouse with cancer, all contingent on one year of employment. Employees are also entitled to seven days per year for fertility treatments, pregnancy check-ups, and childbirth, which also count against their accrued sick leave. Doctors can certify up to 30 consecutive sick days, while a registered nurse can approve up to five. Employers can request a second medical opinion if they doubt the validity of a sick note, and retroactive certification is highly restricted.
Upon termination of employment, unused sick leave days remain with the employer, as Israeli law does not mandate their monetary redemption, unlike vacation days. However, collective agreements or individual contracts may offer better terms, making it advisable to review these before resigning. If an employer delays sick pay, they may be subject to penalties under the Protection of Wages Law, with 5% compensation for the first week of delay and 10% for each subsequent week. Employees facing payment refusal can complain to the Ministry of Labor's Enforcement and Regulation Administration or file a claim with the regional labor court.
