A Day of War: Who Can Stay Home With the Children, and Will They Be Paid?
The war that resumed yesterday evening with Iran, along with the barrages launched from there and from Yemen, once again kept tens of thousands of employees at home. Many parents are caring for children, since educational institutions are not operating today. What are the implications of the renewed war for labor relations and workers' rights? ● Which businesses will be open today, and how will public transportation operate? ● The expert who is certain: Israel will have to strike back in Iran
Has a state of emergency been declared in the economy, and what does that mean for workers' rights? As of now, no state of emergency has been declared in the economy, and no special arrangements regulating the rights of employees and employers during the emergency have been published. However, Home Front Command guidelines restricting economic activity have been issued. Under these guidelines, work activity may continue in workplaces from which a standard protected space can be reached during the time needed for taking cover. Educational activity is also not taking place, except for the exceptional cases approved under the guidelines. Attorney Hadas Lankri Elin, from the labor law department at the law firm S. Friedman, Abramzon, emphasizes, however, that the guidelines may change from time to time, and it is advisable to follow publications regarding arrangements that may later be determined concerning salary payments during the emergency.
Are parents of children whose educational frameworks are not operating allowed not to come to work today? Yes, parents of children up to age 14, or children with special needs up to age 21, may be absent and will be protected against dismissal. The same applies to a single parent, or to someone whose spouse is required to work or is unable to care for the children. An additional condition for protecting parents from dismissal is that there is no childcare arrangement at their workplace. In any case, Lankri recommends that employers act in good faith toward employees and with sensitivity to the situation, even when there is uncertainty.
Beyond parents of children, can an employee be dismissed for not coming to work because of the security situation? It is forbidden to dismiss an employee, including a contract worker, if there is no protected shelter at the workplace in accordance with Home Front Command instructions, or if Home Front Command has prohibited arrival at that factory or area. Protection against dismissal also exists if the employee's spouse is serving in reserve duty or if the employee was evacuated from home because of the war. According to Lankri, this depends on the circumstances of the absence, and it is advisable to exercise great caution before making decisions regarding the dismissal of employees who were absent because of the security situation.
Is an employee who is permitted not to come to work entitled to pay? As of now, no arrangement has been published regulating salary payments for employees absent from work because of the security situation, because of the closure of educational institutions in accordance with Home Front Command instructions, or because of restrictions imposed on economic activity. Lankri notes that in previous emergencies, various arrangements were later determined that, subject to the conditions set in them, regulated employees' entitlement to payment for the period of absence. For example, under Operation "Lion's Roar," an arrangement was established that provided for employees absent from work during the operation. At this stage, therefore, there is uncertainty regarding entitlement to salary, and it is advisable to take into account that an arrangement may later be published that will also regulate the salary issue for the current period of absence, and it may even apply retroactively.
Is an employee who is supposed to work as usual but chose to be absent out of personal fear of the situation entitled to pay? If the workplace is operating in accordance with Home Front Command instructions and the employee chose not to appear at work due to personal fear alone, there is currently no directive granting the employee a right to salary payment for the absence. However, Lankri says, in previous emergencies various arrangements were later published that regulated employees' entitlement to payment for certain periods of absence, and therefore it cannot be ruled out that an arrangement will later be published that also addresses these circumstances. In any case, it is recommended to consider alternative solutions such as working from home, using vacation days, or other arrangements, where possible.
May an employee use vacation days, or may the employer force them to go on vacation? If the employee has accrued vacation days, they may be used during this period with the consent of both sides. An employer may also, in appropriate cases, place employees on a forced vacation in accordance with the Annual Leave Law. As a rule, a forced vacation of less than seven days does not require advance notice from the employer, and in any case vacation days may only be deducted from a positive accrued vacation balance available to the employee. By contrast, placing an employee into a negative vacation balance generally requires consent and an arrangement with the employee. Lankri suggests taking into account that if a special arrangement is later determined for employees who were absent during this period, there is no certainty as to how such an arrangement will treat employees who actually used vacation days.
Can people work from home? Working from home is not an employee right, Lankri says, but it may be an appropriate solution under the current circumstances, where operationally possible and in accordance with the employer's needs. According to her, in workplaces where the work can be done remotely, it is advisable to consider this option, especially given the fact that educational institutions are not operating.
