Women's Employment Law, 5714-1954

חוק עבודת נשים, תשי"ד-1954

Published: 1954-08-12Consolidated Hebrew text as of 2026-06-01 · Last amended 2026-03-31✓ Amendment status checked against the Knesset legislation record on 2026-09-17

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Prohibited and Restricted Work§

The Minister of Labour may, by Regulations, prohibit or restrict the employment of a female employee in a particular type of work, in a particular production process or in a particular workplace where, in his opinion, the work therein is likely to be especially harmful to women's health.

Conditions for Night Work§

(a)The Minister of Labour and Welfare may prescribe by Regulations, with the approval of the Labour and Welfare Committee of the Knesset, conditions for the employment of a female employee at night that are, in his opinion, required for the purposes of her health or safety; such Regulations may be made generally or in respect of categories of work or positions, and may also prescribe an obligation on an employer to give notice of the employment of a female employee at night.

(b)"Night" – a period of eleven hours including the hours between 24:00 and 06:00, and in agriculture the hours between 24:00 and 05:00.

(c)An employer shall not refuse to engage a woman for work solely because she notified upon her engagement that she does not agree, on family grounds, to work at night; the provisions of this subsection shall not apply to categories of workplaces prescribed by the Minister of Labour and Welfare by Regulations, nor to the services, places, types of work and positions listed below:

(1)in State services specified by the Minister of Labour in Regulations, after he has satisfied himself that night work by a female employee in those services is essential to the State and is not likely to be especially harmful to women's health;

(2)in places where sick or disabled persons are treated, in convalescent institutions and in institutions for the care of elderly persons or children;

(3)in the press, excluding the printing of newspapers;

(4)in restaurants, hotels, cafés and places of entertainment within the meaning of public amusements under the Public Amusements Ordinance, 1935;

(5)in work directly connected with the care of animals;

(6)in managerial positions, or in a position requiring a special degree of personal trust, where the work is not manual work;

(7)where the conditions and circumstances of the work do not allow the employer any supervision over the time at which the work is performed;

(8)in air and sea transport services;

(9)in travel or tourist agencies at air and sea ports or at international conferences.

(d)(Repealed)

Jurisdiction of the Labour Court§

(a)A regional Labour Court shall have exclusive jurisdiction to hear claims whose cause of action is based on the provisions of section 2(c).

(b)A regional Labour Court shall not entertain a claim as referred to in subsection (a) that was filed after three months have elapsed from the day on which the cause of action arose.

Refusal to Work at Night§

A female employee at a workplace where night work was not previously performed, who has been required to work at night, may notify her employer in writing, not later than three days from the date of the requirement, that she does not agree to work at night.

Application to Single Parent§

4a.

The provisions of sections 2(c), 3 and 4 that apply to a woman in respect of night work shall apply, with the necessary modifications, also to a female employee, a male employee, a female job applicant or a male job applicant, as the case may be, who is a single parent, in respect of work during the hours between 24:00 and 07:30; in this section, "single parent" – as defined in the Assistance to Families Headed by a Single Parent Law, 5752-1992, provided that the child in his or her custody who resides with him or her has not yet reached the age of 12 years.

5.§

(Repealed — תשמ״ו־2)

Birth and Parenthood Leave§

(a)An employer shall grant a female employee who is about to give birth a period of birth and parenthood leave and shall not employ her during the period of birth and parenthood leave.

(b)

(1)The period of birth and parenthood leave is twenty-six weeks, of which seven weeks or fewer, as the female employee wishes, shall be before the expected date of birth and the remainder after the date of birth;

(2)A female employee may shorten the period of birth and parenthood leave, provided that the period of birth and parenthood leave shall not be less than fifteen weeks, or less than such a period together with the extensions of the period of birth and parenthood leave if she has exercised her right to extend it pursuant to subsections (b1), (c) and (d) (hereinafter – extensions);

(3)Where a female employee has notified her wish to shorten the period of birth and parenthood leave as referred to in paragraph (2), the employer may not postpone her return to work for more than three weeks from the day she gave such notice;

(4)The Minister of Industry, Trade and Employment may prescribe provisions regarding the giving of notice of the shortening of the period of birth and parenthood leave as referred to in this subsection, and may prescribe different provisions for notice to the person for whom the female employee worked before the period of birth and parenthood leave and to another employer;

(5)The provisions of paragraphs (1) to (4) shall not apply to a female employee who, before commencing her period of birth and parenthood leave, worked for fewer than twelve months with the same employer or at the same workplace; the period of birth and parenthood leave of such a female employee is fifteen weeks, of which seven weeks or fewer, as the female employee wishes, shall be before the expected date of birth and the remainder after the date of birth.

(b1)A female employee who has fallen ill and been hospitalised during the period of birth and parenthood leave as referred to in subsections (b) and (c), for a period exceeding two weeks, is entitled to the following:

(1)to extend the period of birth and parenthood leave by a period not exceeding the period of hospitalisation but not more than four weeks; the provisions of this paragraph shall also apply in respect of a female employee whose period of hospitalisation, as referred to in the opening passage of this subsection, is not continuous; in this section, "hospitalisation" – the stay of a person in a hospital for at least 12 hours for the purpose of receiving medical treatment;

(2)to split the period of birth and parenthood leave so that three weeks or more shall be immediately after the date of birth and the remainder of the period of birth and parenthood leave shall commence during the period of hospitalisation or upon its conclusion;

Entitlement under this subsection shall have no effect unless the female employee has given notice of its exercise in the manner, at the time and to the person prescribed by the Minister of Labour and Welfare in Regulations.

(c)

(1)A female employee who gave birth in a single confinement to more than one child is entitled to extend the period of birth and parenthood leave by three additional weeks for each additional child born in that same confinement, commencing from the second child;

(2)Without derogating from the provisions of subsection (h) and section 7(g3) and from the provisions of any law, a male employee whose spouse gave birth in a single confinement to more than one child shall be entitled to realise, within the period of birth and parenthood leave of his spouse, commencing from the date of birth onwards, one continuous period of at least seven days and at most two weeks – out of the three weeks referred to in paragraph (1), for each additional child born in that same confinement, for the purpose of caring for his child in place of his spouse and with her consent.

(d)A female employee whose child born to her is required to remain in hospital or to return to hospital for hospitalisation during the period of birth and parenthood leave as referred to in subsections (b), (b1) or (c), for a period exceeding two weeks, is entitled to the following:

(1)to extend the period of birth and parenthood leave by a period not exceeding the period of hospitalisation, but not by more than twenty weeks; the provisions of this paragraph shall also apply in respect of a female employee whose child's period of hospitalisation, as referred to in the opening passage of this subsection, is not continuous;

(d1)(Repealed)

(d2)The entitlement to extend the period of birth and parenthood leave pursuant to subsections (b1) to (d) and (d3) is cumulative, provided that all extensions pursuant to subsections (b1)(1), (d)(1) and (d3) shall not together exceed twenty weeks.

(d3)A female employee whose child born to her is a toddler with complex disabilities who has been recognised as such during the period of birth and parenthood leave is entitled to extend the period of birth and parenthood leave by five additional weeks; in this subsection, "toddler with complex disabilities" – a toddler who is entitled to a disabled child benefit pursuant to regulation 2(2)(b), (2a), (3) or (3a) of the National Insurance (Disabled Child) Regulations, 5770-2010.

(e)Notwithstanding the provisions of subsection (b), the period of birth and parenthood leave may be shortened, with the consent of the female employee and with written approval from a doctor, if the newborn is not alive, or if the female employee has agreed that her child be adopted pursuant to the Adoption of Children Law, 5741-1981, or if she is a surrogate mother within the meaning of the Embryo Carrying Agreements Law (Approval of Agreement and Status of the Newborn), 5756-1996 (hereinafter – surrogate mother), provided that the period shall include at least three weeks after the birth; however, in respect of a female employee who has agreed that her child be adopted or in respect of a female employee who is a surrogate mother, entitlement under this subsection shall have no effect unless she has notified her consent to shorten the period of birth and parenthood leave in the manner, at the time and to the person prescribed by the Minister of Industry, Trade and Employment, in consultation with the Minister of Welfare and Social Services.

(f)The Minister of Labour may specify by Regulations certain types of work in which the period of birth and parenthood leave prior to the expected date of birth shall be a period prescribed in Regulations, which shall not exceed seven weeks.

(g)(Repealed)

(g1)

(1)A male employee whose spouse has given birth, and in respect of whom all the conditions set out below are met, shall be granted by his employer a period of birth and parenthood leave in accordance with the provisions of paragraph (2):

(a)the child is with him and in his custody;

(b)the child is in the exclusive care of the male employee by reason of a disability or illness of the spouse, and a doctor has confirmed in writing that by reason of the said disability or illness the spouse is incapable of caring for the child;

(2)The provisions of subsections (b), (c) and (d) shall apply to the entitlement of a male employee to a period of birth and parenthood leave pursuant to this subsection; however, the period of birth and parenthood leave of the male employee shall commence on the day on which the conditions referred to in paragraph (1) began to be fulfilled in respect of him, and its duration shall be for the remainder of the spouse's period of birth and parenthood leave that was not utilised by her up to that day, and for as long as the said conditions continue to be fulfilled in respect of the male employee, and in respect of a male employee whose spouse is not entitled to a period of birth and parenthood leave pursuant to this section – for the duration of the remainder of the period during which the spouse would have been on birth and parenthood leave had she been entitled thereto pursuant to this section;

(3)The fact that a male employee has commenced a period of birth and parenthood leave pursuant to this subsection shall not serve to postpone, extend or shorten the period of birth and parenthood leave of his spouse;

(4)The Minister of Industry, Trade and Employment, with the approval of the Labour, Welfare and Health Committee of the Knesset, may prescribe rules for the implementation of the provisions of paragraph (1), including, inter alia, rules regarding the obligation of the male employee to give notice to his employer.

(h)

(1)A male employee whose wife has given birth shall be granted by his employer a partial period of birth and parenthood leave, during the period of birth and parenthood leave remaining after the expiry of the first six weeks following the date of birth, if all of the following conditions are met:

(a)his wife is entitled to a period of birth and parenthood leave and she has agreed in writing to waive part of the period of birth and parenthood leave due to her during the period remaining after the expiry of the first six weeks following the date of birth, notwithstanding the provisions of subsection (b)(2), and in respect of a woman who is a self-employed worker – she is entitled to maternity benefit pursuant to the National Insurance Law [Consolidated Version], 5755-1995, and has agreed in writing to return to engaging in her occupation during the remaining period as aforesaid, which would have been due to her had she been entitled to a period of birth and parenthood leave;

(b)his wife worked or engaged in her occupation during the period referred to in sub-paragraph (a);

(1a)The partial period of birth and parenthood leave of a male employee in respect of whom the provisions of paragraph (1) have been fulfilled shall not exceed fifteen weeks, in addition to extensions, if the following conditions are also all fulfilled in respect of him:

(a)he worked with the same employer or at the same workplace for fewer than twelve months prior to his commencement of the period of birth and parenthood leave;

(b)his wife worked for at least twelve months with the same employer or at the same workplace before commencing her period of birth and parenthood leave, and in respect of a woman who is a self-employed worker – she engaged in her occupation for at least twelve months before the date on which she would have commenced her period of birth and parenthood leave had she been entitled thereto;

(1b)

(a)A male employee whose wife has given birth shall be granted by his employer a period of birth and parenthood leave of seven days during the period of birth and parenthood leave of his wife, provided that she has agreed in writing to waive the maternity benefit to which she is entitled in respect of the last week of the period in respect of which she is entitled to maternity benefit pursuant to the provisions of sections 50 and 51 of the National Insurance Law [Consolidated Version], 5755-1995;

(b)Notwithstanding the provisions of subsection (b)(2), where a male employee has commenced a period of birth and parenthood leave as referred to in sub-paragraph (a), his wife is entitled to return to work in the said last week referred to in that sub-paragraph, except where she is entitled to maternity benefit pursuant to section 50(a)(2) of the National Insurance Law [Consolidated Version], 5755-1995;

(c)A period of birth and parenthood leave pursuant to this paragraph shall not alter the length of the period of birth and parenthood leave prescribed in subsection (b)(1);

(d)The provisions of this paragraph shall not derogate from the provisions of paragraphs (1) and (1a) and from the provisions of subsection (g1), section 7(g3) and the Sick Pay (Absence due to Pregnancy and Birth of a Spouse) Law, 5760-2000;

(2)The Minister of Industry, Trade and Employment shall prescribe rules for the implementation of the provisions of paragraph (1), including, inter alia, rules regarding the obligation of both spouses to give notice to the employer;

(3)The Minister of Industry, Trade and Employment shall prescribe, with the approval of the Labour, Welfare and Health Committee of the Knesset, special circumstances in the existence of which a male employee shall be entitled to a period of birth and parenthood leave pursuant to the provisions of this subsection, even if the condition set out in paragraph (1)(b) has not been fulfilled.

(i)Absence from work by reason of a period of birth and parenthood leave pursuant to the provisions of this section shall not prejudice rights dependent on seniority with the employer.

6a.§

(Repealed — תשע״א־2)

6b.§

(Repealed — תשע״א־2)

Right to be Absent from Work§

(a)A female employee who has had a miscarriage may be absent from work for one week following the miscarriage, and if a physician has certified that her state of health owing to the miscarriage requires her to be absent for a longer period — for the period determined by the physician, but not more than six weeks.

(b)Absence by virtue of subsection (a) shall be treated as absence due to illness.

(c)A female employee may be absent from work:

(1)during the months of pregnancy, if a physician has certified in writing that her medical condition on account of the pregnancy so requires and to the extent so certified; absence pursuant to this paragraph shall be treated as absence due to illness, unless the employee is entitled to a pregnancy preservation benefit under section 59 of the National Insurance Law [Consolidated Version], 5755-1995, in respect of that period, or she is entitled to payment in respect of the absence by virtue of another law, a collective agreement or a contract of employment; absence by virtue of this paragraph shall not prejudice the rights of the female employee that depend on her seniority with her employer;

(1a)during the months of pregnancy, if a physician has certified in writing, on a form prescribed in Regulations, that the type of work, the place where the work is performed or the manner in which the work is performed endangers the employee by reason of her being pregnant, or endangers her foetus; absence pursuant to this paragraph shall be treated as leave without pay, however absence pursuant to this paragraph shall not prejudice the rights of the female employee that depend on her seniority with her employer; the provisions of this paragraph shall not apply if the employee's employer has found her suitable alternative work;

(1b)during the months of pregnancy, if a physician has certified in writing, on a form prescribed in Regulations, that by reason of the type of work, the place where the work is performed or the manner in which the work is performed, the employee is prevented from performing her work by reason of her being pregnant; absence pursuant to this paragraph shall be treated as leave without pay, however absence pursuant to this paragraph shall not prejudice the rights of the female employee that depend on her seniority with her employer; the provisions of this paragraph shall not apply if the employee's employer has found her suitable alternative work;

(1c)from the end of the maternity and parental leave period until the end of six months from the date of birth, during a period in which she is breastfeeding, provided that all of the following conditions are met:

(1)the employee has notified her employer that she is breastfeeding;

(2)her employment during the period in which she is breastfeeding has been prohibited due to the breastfeeding, pursuant to the provisions of section 1;

(3)the employee's employer has not found her suitable alternative work;

(4)the employee is not entitled to be absent from work pursuant to subsection (d);

the absence of a female employee from work pursuant to this paragraph shall be treated as leave without pay, and the period of her absence shall not be counted in respect of rights that depend on seniority;

(2)from the end of the maternity and parental leave period until the end of six months from that date, if a physician has certified that her condition following the birth so requires and to the extent so certified; absence pursuant to this paragraph shall be treated as absence due to illness;

(3)from the end of the maternity and parental leave period until the end of four months from that date — one hour per day, to be called a parental hour, provided that she is employed in a full-time position as is customary at the employee's workplace or that she is employed in a position comprising at least 174 hours per month, whichever is the lower; the absence permitted pursuant to this paragraph is in addition to breaks under the Work and Rest Hours Law, 5711-1951, and shall not be deducted from her wages; for the purposes of this section, a male employee who is employed in a full-time position as aforesaid or who is employed in a position comprising at least 174 hours per month, whichever is the lower, shall be entitled to exercise the right to the parental hour alone or alternately with his spouse, provided that the conditions set out in section 7b are met;

(4)

(a)during the period in which she is undergoing fertility treatments including in vitro fertilisation treatments, if the treating physician has certified in writing that the treatment so requires and to the extent so certified, provided that she has given advance notice thereof to her employer; absence pursuant to this paragraph shall be treated as absence due to illness; the Minister of Labour, Welfare and Social Services, with the approval of the Labour, Welfare and Health Committee of the Knesset, may prescribe in Regulations provisions regarding the period of absence as aforesaid;

(b)in crediting days of absence pursuant to sub-paragraph (a), a female employee is entitled to take into account, at her discretion, also partial days on which she was absent as aforesaid;

(c)absence of partial days pursuant to this paragraph shall not exceed 40 hours per year for a female employee employed in a full-time position as is customary at the workplace, or the proportionate part of 40 hours as aforesaid, in accordance with the rate of her part-time employment; the rate of part-time employment shall be calculated as the ratio between the employee's working hours per month and the number of working hours per month in a full-time position as is customary at the workplace, or 182 hours, whichever is the lower;

(d)notwithstanding the provisions of section 2(a) of the Sick Pay Law, 5736-1976, a female employee is entitled to payment of sick pay in respect of absence included in the quota of hours referred to in sub-paragraph (c) on the first day of her absence; payment for partial days of absence for this purpose shall be calculated according to the ratio between the hours of absence and the employee's working hours on that day had she not been absent;

(5)during a period in which she is staying in a shelter for battered women with the approval of the social services department or the Ministry of Labour and Welfare, provided that the period does not exceed six months within the period of twelve months following the commencement of her stay in such a shelter; the absence of a female employee from work pursuant to this paragraph shall be treated as leave without pay, and the period of her absence shall not be counted in respect of rights that depend on seniority; the provisions of this paragraph shall apply to a female employee who has worked for the same employer or at the same workplace for a continuous period of six months or more; for the purposes of this paragraph —

"approval" — advance referral or retrospective approval;

"social services department" — as defined in the Welfare Services Law, 5718-1958;

"shelter for battered women" — a place in which a battered woman stays out of fear for her life or the life of her child, including such a place that is not supported by the State or a local authority;

the entitlement pursuant to this paragraph shall have no effect unless the employee has notified the employer of its exercise in the manner and at the time prescribed by the Minister of Labour and Welfare.

(6)

(a)during a period in which her spouse is serving in reserve service, as defined in the Reserve Service Law, 5768-2008 — one hour per day, commencing on the first day of the reserve service, provided that the following conditions are met:

(1)the spouse's reserve service period is not less than five consecutive days;

(2)the employee has a child who has not yet reached the age of 13 years who is with her;

(3)the employee is employed in a full-time position as is customary at her workplace;

(4)the employee has notified her employer of the exercise of the right pursuant to this paragraph and has presented before him a certificate attesting to her spouse's reserve service; the Minister of Labour, Welfare and Social Services may prescribe additional provisions regarding such notification;

(b)a female employee is not entitled to be absent from work pursuant to this paragraph on days on which she is absent from work by reason of exercising the right to the parental hour pursuant to the provisions of paragraph (3) or pursuant to the custom at her workplace regarding the parental hour as aforesaid, or pursuant to the custom at her workplace regarding a reduction of her working hours due to parenthood; if the employee was entitled to be absent from work as aforesaid for less than one hour per day, she shall be entitled to be absent from work pursuant to this paragraph for the remainder of the time between the arrangement customary at her workplace as aforesaid and one hour;

(c)the provisions of this paragraph shall also apply to a male employee whose spouse is serving in reserve service, with the necessary modifications;

(d)notwithstanding the provisions of this paragraph, the head of a security authority may, by a reasoned written decision, determine that the provisions of this paragraph shall not apply to some of the employees of that authority, due to an essential operational need; such a decision shall remain in force for a period not exceeding seven days and may be extended for additional periods not exceeding seven days each; for this purpose, "security authority" — the General Security Service, the Institute for Intelligence and Special Operations, the Israel Police, the Israel Prison Service or the National Fire and Rescue Authority;

(e)the absence permitted in accordance with the provisions of this paragraph is in addition to breaks under the Work and Rest Hours Law, 5711-1951, and shall not be deducted from wages.

(c1)The provision of subsection (c)(4) shall also apply to a male employee undergoing fertility treatments.

(c2)

(1)A male employee may be absent from work where the matter set out in sub-paragraph (a) or (b) exists, and for the period set out therein:

(a)the employee's spouse has decided to split the maternity and parental leave period pursuant to the provisions of section 6(b1)(2) — for the duration of the period during which she is hospitalised and during which the maternity and parental leave period was so split, but not more than four weeks;

(b)a child has been born to the employee and the child is with him and in his exclusive custody (in this sub-paragraph — exclusive custody) — from the day on which the child is in his exclusive custody and for as long as the child remains in such custody, for the remainder of the mother's maternity and parental leave period that was not utilised by her up to that day, and in respect of a mother who is not entitled to a maternity and parental leave period under section 6 — for the remainder of the maternity and parental leave period to which she would have been entitled had the provisions of that section applied to her;

(2)the entitlement pursuant to this subsection shall have no effect unless the employee has notified his employer of its exercise in the manner and at the time prescribed by the Minister of Industry, Trade and Employment;

(3)absence of a male employee from work pursuant to paragraph (1) shall be treated as leave without pay, however such absence shall not prejudice the rights of the employee that depend on his seniority with his employer;

(4)a male employee who has been absent from work pursuant to paragraph (1) and has reported for work before the end of his maternity and parental leave period, or has expressed his wish to return to work as aforesaid, may not have his return to work deferred by the employer by more than two weeks from the day on which he reported or expressed his wish to return.

(c3)A male employee may be absent from work for up to five days from the day following the day of birth of his spouse; absence pursuant to this paragraph shall be treated as follows:

(1)in respect of the first three days of absence — as annual leave, and if the employee has no leave days due to him — as leave without pay;

(2)in respect of the remaining two days of absence — as absence due to illness; in respect of a male employee entitled to sick pay under the Sick Pay Law, 5736-1976, his days of absence pursuant to this sub-paragraph shall be regarded as the second and third days of his illness under section 2 of that Law; the days of absence pursuant to this sub-paragraph shall be counted in the total of days of absence to which the employee is entitled under the Sick Pay (Absence due to Pregnancy and Birth of a Spouse) Law, 5760-2000.

(c4)

(1)A male employee who has worked for the same employer or at the same workplace for at least one year and whose child, born to his spouse, has been hospitalised following the birth for a period exceeding two weeks, may be absent for up to 20 days of absence, even if not consecutive, during the period of the child's hospitalisation and within the maternity and parental leave period of the spouse under section 6, to be charged against his accumulated sick leave or against his leave days due to him, at his choice;

(2)the days of absence of an employee as referred to in paragraph (1), who has credited days of absence pursuant to the provisions of that paragraph and pursuant to the provisions of subsection (c3) against his accumulated sick leave period, shall be counted for the purposes of the provisions of section 2(a) of the Sick Pay Law, 5736-1976, consecutively from the first day on which he was absent against his accumulated sick leave period, even if the absences were not consecutive;

(3)in crediting days of absence pursuant to the provisions of paragraph (1), an employee is entitled to take into account, at his discretion, also partial days on which he was absent pursuant to the provisions of this subsection; partial days for this purpose shall be calculated according to the ratio between the hours of absence and the employee's working hours on that day had he not been absent;

(4)the days of absence pursuant to this subsection shall not be counted in the total of days of absence to which the employee is entitled pursuant to subsection (c3) and pursuant to the Sick Pay (Absence due to Pregnancy and Birth of a Spouse) Law, 5760-2000;

(5)absence pursuant to this subsection shall be permitted if the employee has provided his employer with a medical certificate regarding the hospitalisation of the child and has also signed a declaration that during the days of absence he was with the hospitalised child or with his other children.

(d)

(1)A female employee may be absent from work, from the end of the maternity and parental leave period, for a number of months equal to one quarter of the number of months during which she worked for the same employer or at the same workplace, but not more than twelve months from the date of birth, and a part of a month shall not be counted; however, from the number of months that the employee shall be entitled to be absent pursuant to this paragraph, there shall be deducted the number of weeks by which the maternity and parental leave period utilised by the employee under section 6(b)(1) exceeded fifteen weeks, or a period of fifteen weeks plus extensions;

(2)the absence of the employee from work by virtue of paragraph (1) shall be treated as leave without pay, and the period of her absence shall not be counted in respect of rights that depend on seniority.

(3)a female employee who has been absent from work by virtue of paragraph (1) and has reported for work before the end of her maternity and parental leave period, or has expressed her wish to return to work as aforesaid, may not have her return to work deferred by the employer by more than four weeks from the day on which she reported or expressed her wish to return.

(d1)The provisions of subsection (d) shall apply, with the necessary modifications, to a male employee, provided that one of the following conditions is met:

(1)his spouse was employed as an employee for at least six consecutive months immediately before the commencement of his absence from work in accordance with the provisions of subsection (d);

(2)the child is in his exclusive custody, or in his exclusive care due to a disability or illness of his spouse.

(d2)If one of the spouses is absent from work as referred to in subsection (d) or (d1), as the case may be, the provisions of those subsections shall not apply to the other spouse; however, if one of the spouses was absent for a period shorter than that referred to in subsections (d) or (d1) as the case may be, the other spouse may be absent from work pursuant to the provisions of those subsections for the remainder of the said period.

(d3)For the purpose of calculating the period of consecutive employment as referred to in subsection (d1), a period of interruption of work during which the employment relationship continues shall also be regarded as employment.

(d4)The Minister of Labour and Welfare may prescribe in Regulations, with the approval of the Labour and Welfare Committee of the Knesset, provisions regarding the duty to give notices to the employer for the purposes of this section, by the spouses or one of them, and the consequences of failure to give such notices.

(e)

(1)Without derogating from the provisions of subsection (c)(1), a female employee may be absent from work, without deduction from her wages, for the purpose of medical supervision during the months of pregnancy and routine medical examinations related to the pregnancy carried out by a gynaecologist or carried out at a mother and child health station approved by the Ministry of Health (hereinafter — the station), including routine examinations as aforesaid carried out outside the station pursuant to a referral from the station; in this paragraph, "gynaecologist" — a licensed physician holding the title of specialist in obstetrics and gynaecology granted to him under the Physicians Ordinance [New Version], 5737-1976 (hereinafter — the Ordinance), or a licensed physician specialising towards the receipt of the said title, at a recognised institution under the Ordinance, under the supervision of a physician holding the said title.

(2)the period of absence from work as referred to in paragraph (1) shall not exceed 40 hours during the months of her pregnancy, for a female employee employed in a full-time position as is customary at the workplace, or the proportionate part of 40 hours as aforesaid, in accordance with the rate of her part-time employment; the rate of part-time employment shall be calculated as the ratio between the employee's working hours per month and the number of working hours per month in a full-time position as is customary at the workplace, or 182 hours, whichever is the lower;

(3)the Minister of Labour may, with the approval of the Labour Committee of the Knesset, prescribe in Regulations —

(a)provisions for the implementation of paragraphs (1) and (2);

(b)in respect of categories of female employees and in areas to be prescribed — a different number of hours of absence of a female employee from work as aforesaid, provided that it shall not be less than that stated in paragraph (2);

(c)supplementary provisions regarding the right of a woman employed by more than one employer to be absent from work as referred to in paragraph (1) as if she were employed by one employer for the purposes of the provision in paragraph (2).

Provident Fund Contributions during Maternity and Parental Leave and Pregnancy Preservation§

7a.

(a)A male or female employee entitled to maternity pay under the National Insurance Law [Consolidated Version], 5755-1995 (in this section — maternity pay), or a female employee entitled to a pregnancy preservation benefit under the said Law (in this section — pregnancy preservation benefit), and both they and their employer, or the employer alone, were accustomed to making payments to a provident fund, the employer shall continue to make such payments in respect of the period for which the maternity pay or the pregnancy preservation benefit, as the case may be, was paid, provided that the female or male employee paid, in respect of that period, the payments applicable to them, if applicable, to secure the said rights, all at the rates and on the basis of the wages as if the female or male employee had continued to work during that period; in this subsection, "provident fund" — as defined in the Financial Services Supervision Law (Provident Funds), 5765-2005.

(b)The provisions of subsection (a) shall apply to an employer for whom the female or male employee worked for at least six months immediately before the commencement of the pregnancy of the female employee or of the spouse of the male employee, as the case may be, and in respect of payments during the period of entitlement to maternity pay — if, in addition, an employment relationship existed between them throughout the entire period of the pregnancy.

(c)The Minister, with the approval of the Labour, Welfare and Health Committee of the Knesset, shall prescribe times and rules for the payment of the amounts referred to in subsection (a); in such Regulations the Minister may prescribe different rules for the employer and for the female or male employee.

Conditions for the Exercise of the Right to a Parental Hour by a Spouse§

7b.

(a)A male employee may exercise the right to a parental hour alone or alternately with his female partner, as provided in section 7(c)(3), where all of the following conditions are met:

(1)the female partner has given her consent to the exercise of the right to a parental hour alternately with her partner or by her partner;

(2)each of the partners has delivered to his or her employer, not later than 21 days before the end of the birth and parental leave period, a signed declaration in the form set out in the First Schedule in which he or she notified his or her choice to exercise the right to a parental hour with the partner (in this section – declaration); where the partners delivered the declaration at a later date, the employee shall be entitled to exercise his right 21 days after the delivery of the declaration;

(3)in the declaration, each of the partners shall specify the number of days and the specific days of the working week on which he or she will exercise the parental hour;

(4)

(a)the exercise of the right to a parental hour shall be carried out in accordance with the declaration; however, the female employee and her employer and the male partner and his employer may, as the case may be, agree among themselves, as required and on a one-time basis, to exercise the right to a parental hour in a manner different from that which they declared;

(b)a permanent change to the exercise of the right to a parental hour declared by the female employee and her partner, after a declaration has been delivered as provided in this section, shall be made by means of an additional declaration to be delivered to the employer in accordance with the provisions of this section, with the necessary modifications, 21 days in advance, and in the case of partners of whom at least one works in shifts – one month in advance;

(5)the quota of parental hours that both partners are entitled to exercise pursuant to the provisions of this section shall not exceed the quota of parental hours that the female employee would have been entitled to exercise alone.

(b)

(1)Notwithstanding the provisions of subsection (a), a female employee and her partner, one of whom works in shift work in a branch listed in the Second Schedule, may exercise the right to a parental hour alternately, such that each of the partners exercises the right for periods of not less than three weeks each; the employee who works in shifts and his or her employer may agree among themselves on a different alternating arrangement for shorter periods;

(2)the Minister of Economy and Industry, with the approval of the Labour, Welfare and Health Committee of the Knesset, may, by Order, amend the Second Schedule;

(3)in this subsection, "shift work" means work in which the full daily work quota is at least 20 hours divided into at least two shifts.

(c)The Minister of Economy and Industry, after consulting with the workers' organisation that represents the largest number of employees in the State and with employers' organisations that, in the Minister's opinion, are representative and concerned in the matter, and with the approval of the Labour, Welfare and Health Committee of the Knesset, may prescribe provisions relating, inter alia, to –

(1)a different division of the exercise of the right to a parental hour between the partners, including the manner of changing the division;

(2)the division of the exercise of the right to a parental hour according to types of employees and types of workplaces;

(3)the manner and method of reporting to the employer by the partners.

Prohibition of Employment during Birth and Parental Leave Period§

An employer shall not employ a female employee or a male employee knowing that they are on birth and parental leave.

Restriction on Dismissal§

(a)An employer shall not dismiss a female employee who is pregnant and has not yet commenced birth and parental leave except with a permit from the Minister of Labour and Welfare, and the Minister shall not permit such dismissal if the dismissal is, in his opinion, connected with the pregnancy; the provisions of this subsection shall apply both to a permanent female employee and to a temporary or casual female employee, provided that the female employee has been employed by the same employer or at the same workplace for at least six months.

(b)Where the employer is a manpower contractor and the female employee has been actually employed by him for at least six months, a temporary interruption of her employment shall also be regarded, for the purposes of subsection (a), as dismissal; in this section, "manpower contractor" has the meaning assigned to it in section 1 of the Employment of Employees by Manpower Contractors Law, 5756-1996.

(b1)

(1)With respect to a female employee of a manpower contractor who is actually employed by an actual employer for at least six months, the following provisions shall apply:

(a)an actual employer shall not cause a manpower contractor to dismiss a pregnant female employee in contravention of the provisions of this section;

(b)where a pregnant female employee is dismissed in contravention of the provisions of this section, it shall be presumed that the actual employer caused the dismissal, unless he proves otherwise;

(c)an application for a permit under subsection (a) shall be submitted both by the actual employer and by the manpower contractor;

(2)the provisions of this subsection are in addition to the duties and prohibitions applicable to a manpower contractor as an employer under any law;

(3)in this subsection, "actual employer" and "manpower contractor" have the meanings assigned to them in the Employment of Employees by Manpower Contractors Law, 5756-1996.

(c)

(1)An employer shall not dismiss a female employee or a male employee during the birth and parental leave period or during their days of absence from work pursuant to section 7(c)(2) or (c2), and shall not give notice of dismissal for a date falling within those periods;

(1a)An employer shall not dismiss a female employee or a male employee during a period of 60 days after the end of the birth and parental leave period or after the end of the days of absence, as provided in paragraph (1), as the case may be, and shall not give notice of dismissal for a date falling within that period, except with a permit from the Minister of Industry, Trade and Employment; the Minister shall not permit dismissal under this paragraph unless satisfied that all of the following are met:

(a)the dismissal is not connected with the birth, the birth and parental leave period or the absence referred to above;

(b)the employer's business has ceased to operate or the employer has been declared bankrupt under the Bankruptcy Ordinance [New Version], 5740-1980, and if the employer is a corporation – a winding-up order has been made under the Companies Ordinance [New Version], 5743-1983; for this purpose, "ceased to operate" has the meaning assigned to it in section 9b;

(2)An employer shall not dismiss a male or female employee during their days of absence from work pursuant to section 7(c)(1c), (d)(1) or (d1) or during a period of sixty days after the end of such absence, and shall not give notice of dismissal for a date falling within those periods, except with a permit from the Minister of Industry, Trade and Employment, and the Minister shall not permit dismissal under this paragraph if, in his opinion, it is connected with the birth or with such absence;

(2a)(Lapsed)

(2b)(Lapsed)

(2c)

(a)Where an employer has placed a male or female employee on unpaid leave during the determining period, for a period of at least 10 consecutive days, or where a female employee was placed on unpaid leave for a period of at least five consecutive days commencing on the 11th of Adar 5786 (28 February 2026) or the 12th of Adar 5786 (1 March 2026), which falls, in whole or in part, within the 60-day period referred to in paragraph (1a) or (2), the period of unpaid leave shall not be counted towards the 60 days; in this paragraph, "determining period" has the meaning assigned to it in section 179ab of the National Insurance Law [Consolidated Version], 5755-1995, as worded in the Economic Assistance Plan (Temporary Provision) (Employment) Law, 5786-2026;

(b)Notwithstanding the provisions of paragraphs (1a) and (2), the Minister may permit the dismissal of a male or female employee who has been placed on unpaid leave as provided in sub-paragraph (a), if satisfied that the dismissal is not connected with the birth, the birth and parental leave period or the absence referred to in paragraph (1a) or (2), provided that 60 days have elapsed since the end of the birth and parental leave period or the absence;

(3)The periods referred to in paragraphs (1), (1a) and (2) shall not be counted towards the days of prior notice of dismissal.

(d)An employer shall not dismiss a female employee who is staying at a shelter for battered women during her days of absence from work pursuant to section 7(c)(5) or during a period of 150 days after the end of the days of such absence, and shall not give notice of dismissal for a date falling within those periods, except with a permit from the Minister of Labour and Welfare, and the Minister shall not permit such dismissal if the dismissal is, in his opinion, connected with the stay at the shelter; the periods referred to in this subsection shall not be counted towards the days of prior notice of dismissal.

(e)

(1)An employer shall not dismiss a female employee who is undergoing in vitro fertilisation treatments or a male or female employee who is undergoing fertility treatments, during their days of absence from work pursuant to section 7(c)(4) or (c1), as the case may be, or during a period of 150 days after the end of the days of such absence, except with a permit from the Minister of Industry, Trade and Employment, and the Minister shall not permit such dismissal if the dismissal is, in his opinion, connected with such absence or with such treatments; the provisions of this subsection shall apply to a male or female employee undergoing the treatments referred to in this paragraph in preparation for at most two births, during the period of their employment with the same employer or at the same workplace, and if they underwent such treatments in preparation for the birth of children from previous partners – also in preparation for two births with the current partner;

(2)The provisions of paragraph (1) shall not apply to an employer, with respect to a male or female employee as aforesaid, where two years have elapsed from the first day of their absence from work with that employer or at the same workplace, pursuant to that paragraph;

(3)The provisions of paragraph (1) shall also apply to a female or male employee who did not absent themselves from work, during the period of the treatments referred to in that paragraph, or during a period of 150 days after the date of commencement of the fertility treatments or the in vitro fertilisation treatments, whichever is the later, as approved in writing by the treating physician, provided that the female or male employee, as the case may be, notified the employer of the treatments not later than three working days from the date of the prior notice of dismissal, or if no prior notice of dismissal was given – from the date of dismissal, and delivered to the employer a physician's certificate as aforesaid within 14 days of that date, as the case may be; the provisions of this paragraph shall apply both to permanent male or female employees and to temporary or casual male or female employees, provided that they have been employed by the same employer or at the same workplace for at least six months; the Minister of Industry, Trade and Employment may, in consultation with the Minister of Health and with the approval of the Labour, Welfare and Health Committee of the Knesset, prescribe types of fertility treatments to which the provisions of this paragraph shall not apply.

(f)An employer shall not dismiss a female employee during her days of absence from work pursuant to section 7(a) and shall not give notice of dismissal for a date falling within that period; the period referred to in this subsection shall not be counted towards the days of prior notice of dismissal.

(g)In this section, "dismissal" includes non-renewal of a fixed-term employment contract that is one of the following:

(1)a fixed-term employment contract of twelve months or more;

(2)a fixed-term employment contract of less than twelve months that extended or renewed a previous period of employment that immediately preceded the entry into force of the contract.

Prohibition of Harm to Scope of Position or Income§

9a.

(a)An employer shall not harm the scope of position or income of a female employee or a male employee whose dismissal is restricted under section 9, during the period in which such restriction applies, except with a permit from the Minister of Industry, Trade and Employment, and the Minister shall not permit such harm if, in his opinion, it is connected with the ground on which that restriction applies.

(a1)(Lapsed)

(a2)For the purposes of this section, the absence of a male or female employee during the determining period as defined in section 9(c)(2c)(a), by reason of a provision referred to in section 2(a) or (b)(1) of the Employee Protection in Emergencies Law, 5766-2006, on account of which there is a prohibition to dismiss the male or female employee in accordance with the provisions of that section, shall not be regarded as harm to the scope of position or income of the male or female employee.

(b)In this section –

"harm", to the scope of position – excluding a temporary change in the scope of position at the request initiated by the female or male employee owing to their medical condition pursuant to a written certificate from a physician;

"harm", to income, excluding –

(1)harm to income applicable at the workplace by virtue of law or a collective agreement;

(2)harm to the wage component paid to the female or male employee in accordance with their work output, provided that the decrease in the output of the female or male employee was not caused by reasons dependent on the employer.

(3)(Lapsed)

Permit in respect of a Pregnant Female Employee – Entry into Force§

9b.

Where the Minister of Industry, Trade and Employment has decided to grant a permit under section 9(a) or section 9a in respect of a pregnant female employee, the permit shall not be granted in respect of the period preceding the date of the decision on the application for a permit; however, the Minister may grant the permit for a date prior to the date of the decision, if any of the matters set out in paragraphs (1) to (5) has been established and as stated therein, as the case may be:

(1)the employer has proved that he did not know and was not required to know, on the date of dismissal or on the date of the harm to the scope of position or income, as the case may be, that the female employee was pregnant, and in the Minister's opinion it would not be just to grant the permit only from the date of the decision on the application for a permit; for the purposes of this paragraph, "date of dismissal", "date of the harm to the scope of position or income" means the date on which the dismissal or the harm to the scope of position or income, as the case may be, was intended to take effect but for the provisions of section 9(a) or 9a;

(2)the employer has proved that serious circumstances existed, and in the Minister's opinion it would not be just to grant the permit only from the date of the decision on the application for a permit, provided that the permit shall not be granted in respect of a period preceding the date of submission of the application for a permit;

(3)the employer has proved that he has been declared bankrupt under the Bankruptcy Ordinance [New Version], 5740-1980, and if the employer is a corporation – that a winding-up order has been made under the Companies Ordinance [New Version], 5743-1983, provided that the permit shall not be granted in respect of a period preceding the date of submission of the application for a permit, or the date of the declaration or the making of the winding-up order, as the case may be, whichever is the earlier;

(4)the employer has proved that his business has ceased to operate, provided that the permit shall not be granted in respect of a period preceding the date on which the business ceased to operate or the date of submission of the application for a permit, whichever is the later;

(5)the employer has proved that his business ceased to operate owing to unforeseen circumstances as a result of which it was not possible for him to apply for a permit before the business ceased to operate, provided that a permit shall not be granted in respect of a period preceding the date on which the business ceased to operate;

for the purposes of sub-paragraphs (4) and (5), "ceased to operate" means cessation of activity that is not temporary.

Application of Provisions to an Adoptive Parent, a Prospective Parent and a Foster Family Parent§

9c.

(a)In this section –

"surrogate mother" and "prospective parent" have the meanings assigned to them in section 9e(a);

"foster family parent" has the meaning assigned to it in section 9f(a);

"adoptive parent" has the meaning assigned to it in section 9d(a).

(b)The provisions of sections 6(a), (b), (c), (d) and (i), 7(c)(3) and (d), 7a, 8, 9(a) to (c) and (g), 9a and 9b shall apply to an adoptive parent, a prospective parent and a foster family parent, all with the necessary modifications and with the changes and adaptations set out in sections 9d to 9f, and for so long as the adoption or fostering process or the pregnancy of the surrogate mother, as the case may be, has not been terminated.

(c)

(1)Where both partners are adoptive parents, prospective parents or foster family parents, the provisions of the sections listed in subsection (b) shall apply only to one of the two partners, at their choice; however, with respect to the birth and parental leave period under section 6 and the right to absence under section 7(c)(3) and (d), if one of the partners was absent for a period shorter than that provided in those sections, as the case may be, the other partner shall be entitled to be absent from work, pursuant to the provisions of those sections, for the remainder of that period;

(2)Where the partner of an adoptive parent, a prospective parent or a foster family parent is a self-employed worker, the provisions of the sections listed in subsection (b) shall apply to the adoptive parent, the prospective parent or the foster family parent, during the period in which the partner who is a self-employed worker was not absent from work owing to the adoption or fostering process or owing to the pregnancy of the surrogate mother, or for the purpose of caring for the child, as the case may be.

Amendments and Adaptations in the Application of the Provisions to an Adoptive Parent§

9d.

(a)In this Section –

"notice of intention to adopt" – a notice by a female employee or a male employee that they have received a notice from a social worker under the Adoption Law to the effect that they are to receive into their home a child for the purpose of adoption on the date specified in that notice, and in respect of inter-country adoption under the provisions of the Adoption of Children Law (in this Law – inter-country adoption) – that they have received a notice from a recognised association to the effect that a child suitable for adoption by them has been found in a foreign state;

"adoptive parent" – a male or female employee who receives into their home a child whose age does not exceed ten years, for the purpose of adoption under the provisions of the Adoption of Children Law;

"Adoption of Children Law" – the Adoption of Children Law, 5741-1981;

"day of receipt of a child into the home of an adoptive parent" – the day on which the child is handed over to the adoptive parent, through a social worker under the Adoption Law in accordance with the provisions of section 12 of the Adoption of Children Law or through a recognised association in accordance with the provisions of section 28p of that Law;

"social worker under the Adoption Law" and "recognised association" – as defined in the Adoption of Children Law.

(b)The provisions under the Sections listed in section 9c(b) shall apply to an adoptive parent, with such modifications as are necessitated by the matter and with the following amendments and adaptations:

(1)the day of birth shall be deemed to be the day of receipt of the child into the home of the adoptive parent;

(2)notwithstanding the provisions of section 6(b)(1) in fine and (5) in fine, the date of commencement of the birth and parenthood period is the day of receipt of the child into the home of the adoptive parent;

(3)

(a)an adoptive parent is entitled to be absent from work for the purpose of travel to a foreign state for the purpose of inter-country adoption, provided that a recognised association has confirmed in writing, in respect of each such journey, that it is required for the purpose of the inter-country adoption;

(b)the periods of absence from work under sub-paragraph (a) shall be in accordance with what is stated in each of the confirmations referred to in that sub-paragraph, provided that the cumulative period of absence shall not exceed 45 days for that adoption proceeding;

(c)the entitlement under this paragraph shall have no effect unless the female employee or the male employee gave notice of its exercise in the manner, at the time and to the person prescribed by the Minister of Industry, Trade and Employment in consultation with the Minister of Welfare and Social Services;

(d)the absence of an adoptive parent from work under this paragraph shall be treated as unpaid leave, and the period of absence shall not be counted towards rights dependent on seniority;

(e)notwithstanding the provisions of section 9c(c), where the inter-country adoption proceeding is carried out by two spouses, both of them shall be entitled to absence from work under this paragraph, and during the period of absence under this paragraph, the provisions of sections 9(a) to (b1), 9a and 9b applicable to a pregnant female employee shall apply to both of them;

(4)notwithstanding the provisions of section 7a(b), the employer's obligation to make payments to a provident fund in respect of the period for which maternity pay was paid, as referred to in section 7a(a), shall apply in respect of an adoptive parent who is entitled to maternity pay under the National Insurance Law [Consolidated Version], 5755-1995, if an employment relationship between the adoptive parent and the employer subsisted for at least fifteen months before the day of receipt of the child into the home of the adoptive parent;

(5)

(a)the provisions of sections 9(a) to (b1), 9a and 9b applicable to a pregnant female employee shall apply to a female employee or a male employee who gave a notice of intention to adopt, from the date of giving that notice until the day of receipt of the child into their home or until the end of nine months from the date on which they received a notice from a social worker under the Adoption Law or from a recognised association as referred to in the definition of "notice of intention to adopt", whichever is the earlier;

(b)notwithstanding the provisions of sub-paragraph (a), where the Central Authority as defined in section 28b of the Adoption of Children Law has confirmed that, according to the information brought before it, the female employee or the male employee who gave a notice of intention to adopt are at an advanced stage of an inter-country adoption proceeding in respect of a particular child who has been found for them in a foreign state and that the completion of the proceedings is being delayed due to factors beyond the control of the female employee or the male employee or the recognised association through which the adoption proceeding is being conducted, the provisions of the Sections listed in the said sub-paragraph shall apply to the female employee or the male employee until the day of receipt of the child into their home; the entitlement under this sub-paragraph shall have no effect unless the female employee or the male employee gave notice of its exercise in the manner, at the time and to the person prescribed by the Minister of Industry, Trade and Employment in consultation with the Minister of Welfare and Social Services;

(6)in section 9(c) –

(a)in paragraph (1), the words "or during the days of their absence from work under section 7(c)(2) or (c2)" shall not be read;

(b)in paragraph (1a), the words "or after the end of the days of absence referred to in paragraph (1), as the case may be," shall not be read;

(c)in paragraph (2), instead of "under section 7(c)(1c), (d)(1) or (d1)" read "under section 7(d)(1)".

Amendments and Adaptations in the Application of the Provisions to an Intended Parent§

9e.

(a)In this Section –

"surrogate mother" – as defined in the Embryo Carrying Agreements Law;

"notice of pregnancy of a surrogate mother" – a notice by a female employee or a male employee that the surrogate mother with whom they have signed an embryo carrying agreement is pregnant;

"intended parent" – a female employee or a male employee who receives a child into their custody, as intended parents, under the provisions of section 10 of the Embryo Carrying Agreements Law;

"embryo carrying agreement" – an agreement approved under section 5 of the Embryo Carrying Agreements Law;

"Embryo Carrying Agreements Law" – the Embryo Carrying Agreements Law (Approval of Agreement and Status of the Newborn), 5756-1996;

"day of receipt of a child into the custody of the intended parent" – the day on which the child is handed over by the surrogate mother into the custody of the intended parent, in accordance with the provisions of section 10(c) of the Embryo Carrying Agreements Law.

(b)The provisions under the Sections listed in section 9c(b) shall apply to an intended parent, with such modifications as are necessitated by the matter and with the following amendments and adaptations:

(1)the day of birth shall be deemed to be the day on which the child was born;

(3)notwithstanding the provisions of section 7a(b), the employer's obligation to make payments to a provident fund in respect of the period for which maternity pay was paid, as referred to in section 7a(a), shall apply in respect of an intended parent who is entitled to maternity pay under the National Insurance Law [Consolidated Version], 5755-1995, if the intended parent worked for the employer for at least six months immediately before the commencement of the pregnancy of the surrogate mother and an employment relationship between the intended parent and the employer subsisted throughout the entire period of the surrogate mother's pregnancy;

(4)the provisions of sections 9(a) to (b1), 9a and 9b applicable to a pregnant female employee shall apply to a female employee or a male employee who gave a notice of pregnancy of a surrogate mother, from the date of giving that notice until the day of receipt of the child into the custody of the intended parent;

(5)in section 9(c) –

(a)in paragraph (1), the words "or during the days of their absence from work under section 7(c)(2) or (c2)" shall not be read;

(b)in paragraph (1a), the words "or after the end of the days of absence referred to in paragraph (1), as the case may be" shall not be read;

(c)in paragraph (2), instead of "under section 7(c)(1c), (d)(1) or (d1)" read "under section 7(d)(1)".

Amendments and Adaptations in the Application of the Provisions to a Foster Family Parent§

9f.

(a)In this Section –

"notice of intention to serve as a foster family parent" – a notice by a female employee or a male employee that they have received a notice from a person authorised for that purpose by the Minister of Welfare and Social Services to the effect that the female employee or the male employee are to receive into their home a child, for the purpose of fostering, for a period exceeding six months, on the date specified in that notice;

"foster family parent" – a female employee or a male employee who are parents in a foster family as defined in the Foster Care for Children Law, 5776-2016, who receive into their home a child whose age does not exceed ten years, for the purpose of fostering, for a period exceeding six months;

"day of receipt of a child into the home of a foster family parent" – the day on which the child is handed over to the foster family parent, through the body authorised for that purpose by the Minister of Welfare and Social Services or by a person authorised for that purpose by the Minister of Welfare and Social Services.

(b)The provisions under the Sections listed in section 9c(b) shall apply to a foster family parent, with such modifications as are necessitated by the matter and with the amendments and adaptations set out below, provided that at least one year has elapsed since the end of a previous birth and parenthood period or since the end of a previous period of absence from work under section 7(d), whichever is the later, of the foster family parent or of the foster family parent's spouse who is a parent in the same foster family:

(1)the day of birth shall be deemed to be the day of receipt of the child into the home of the foster family parent;

(2)notwithstanding the provisions of section 6(b)(1) and (5) in fine –

(a)the date of commencement of the birth and parenthood period is the day of receipt of the child into the home of the foster family parent;

(b)the birth and parenthood period of a foster family parent who has received into their home a child who is at least three years of age is four weeks from the day of receipt of the child into the home of the foster family parent;

(3)notwithstanding the provisions of section 7a(b), the employer's obligation to make payments to a provident fund in respect of the period for which maternity pay was paid, as referred to in section 7a(a), shall apply in respect of a foster family parent who is entitled to maternity pay under the National Insurance Law [Consolidated Version], 5755-1995, if an employment relationship between the foster family parent and the employer subsisted for at least fifteen months before the day of receipt of the child into the home of the foster family parent;

(4)the provisions of sections 9(a) to (b1), 9a and 9b applicable to a pregnant female employee shall apply to a female employee or a male employee who gave a notice of intention to serve as a foster family parent, from the date of giving that notice until the day of receipt of the child into their home or until the end of nine months from the date on which they received a notice from a person authorised for that purpose by the Minister of Welfare and Social Services as referred to in the definition of "notice of intention to serve as a foster family parent", whichever is the earlier.

Notice of Cessation of Adoption or Fostering Proceedings or of Cessation of a Surrogate Mother's Pregnancy§

9g.

A female employee or a male employee shall notify their employer of each of the following, as the case may be, as soon as possible after its occurrence:

(1)cessation of an adoption proceeding in respect of which the female employee or the male employee gave the employer a notice of intention to adopt as defined in section 9d(a), and in respect of inter-country adoption – cessation of an adoption proceeding through the recognised association from which the female employee or the male employee received a notice as referred to in the concluding part of that definition;

(2)cessation of the pregnancy of a surrogate mother in respect of which the female employee or the male employee gave the employer a notice of pregnancy of a surrogate mother as defined in section 9e(a);

(3)cessation of a fostering arrangement in respect of which the female employee or the male employee gave the employer a notice of intention to serve as a foster family parent as defined in section 9f(a).

Overtime Work, Weekly Rest and Night Work§

10.

(a)A female employee who is in her fifth month of pregnancy shall notify her employer thereof, and once she has done so, or once the employer has become aware of it in another manner, the employer shall not employ her in overtime or during the weekly rest from the fifth month of pregnancy onwards, even if the employer was permitted or authorised to do so under the Work and Rest Hours Law, 5711-1951; the same applies in respect of night work, if the female employee has notified the employer in writing that she does not consent to working night work.

(b)Notwithstanding the provisions of subsection (a), an employer may employ a pregnant female employee in overtime or during the weekly rest if the female employee has consented thereto in writing and has provided the employer with a medical certificate from a specialist physician in obstetrics and gynaecology stating that there is no contraindication to employing her in overtime or during the weekly rest, and subject to the conditions of the certificate.

(c)An employer shall not employ a female employee who has given birth in night work, or during the weekly rest even if the employer was permitted or authorised to do so under the Work and Rest Hours Law, 5711-1951, for four months from the end of the birth and parenthood period, unless the female employee has consented thereto in writing; the provisions of this subsection shall not apply to categories of workplaces prescribed in Regulations and to services, places, types of work and positions, all as provided under section 2(c).

(d)In this Section, "night work" – work at least two hours of which fall within the hours between 22:00 and 06:00.

Register of Female Employees§

11.

(a)An employer is required to maintain a register in which the following particulars shall be recorded in respect of each female employee:

(1)the first name and surname;

(2)the address;

(3)a description of her work;

(4)the date of commencement of employment;

(5)the birth and parenthood period;

(6)the period of her absence from work under section 7;

(7)any other particular prescribed in Regulations.

(b)The Minister of Labour shall prescribe, by notice published in Reshumot (Official Gazette), the categories of employers to whom this Section applies, and may prescribe as aforesaid that the register shall form part of another register which the employer is required to maintain under a law whose implementation is the responsibility of the Minister of Labour.

Publication of the Provisions of the Law§

12.

An employer to whom section 11 applies shall bring to the knowledge of the women employed by the employer the provisions of this Law, all or some of them, all as prescribed in Regulations.

Inspection Powers§

13.

(a)The Minister of Industry, Trade and Employment shall appoint inspectors, from among the employees of the Minister's office, for the purpose of supervising the implementation of the provisions under this Law.

(b)No person shall be appointed as an inspector as referred to in subsection (a) unless that person has received appropriate training as directed by the Minister of Industry, Trade and Employment in consultation with the Minister for Internal Security.

(c)For the purpose of performing the inspector's functions, an inspector appointed under the provisions of subsection (a) (hereinafter – inspector) may –

(1)require an employer or an actual employer, their employee or a person who acted on their behalf or for them, to provide information and documents on any matter relating to this Law;

(2)enter, at any reasonable time, any place where there are grounds to believe that persons are employed therein or that the business of the employer or of the actual employer is conducted therein, provided that the inspector shall not enter a place used as a residence except pursuant to an Order of a judge.

(d)Where a suspicion has arisen of the commission of an offence under the provisions of this Law, an inspector may investigate a person who, in the inspector's opinion, is connected to the commission of such an offence, or may have information in respect thereof, and may also seize any object, including a document, connected to the commission of such an offence; the provisions of sections 2 and 3 of the Criminal Procedure Ordinance (Testimony) shall apply to an investigation under this subsection, and the provisions of Chapter IV of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969 shall apply to anything seized under this subsection.

(e)In this Section, "actual employer" – as defined in the Employment of Employees by Manpower Contractors Law, 5756-1996.

Jurisdiction and Remedies§

13a.

(a)The Regional Labour Court shall have exclusive jurisdiction to hear civil proceedings on account of a breach of the provisions under this Law, and may –

(1)award compensation even if no pecuniary damage was caused, in an amount that appears to it appropriate in the circumstances of the matter;

(2)grant an injunction or a mandatory Order, if it is of the opinion that the award of compensation alone would not be just; in considering the grant of such an Order the court shall take into account, inter alia, the effect of the Order on labour relations in the workplace and the possibility that another employee may be harmed, and in the case of dismissal arising from reductions in employment, also the provisions of a collective agreement applicable to the parties; the provisions of this paragraph shall have effect notwithstanding what is stated in section 3(2) of the Contracts (Remedies for Breach of Contract) Law, 5731-1970.

(b)

(1)Where the Regional Labour Court finds that the employee who filed a claim was dismissed in contravention of the provisions of section 9, it shall award compensation of not less than 150% of the wages that would have been due to them during the qualifying period; however, the court may, for special reasons to be recorded, award compensation in another amount as it determines; for the purpose of calculating the wages under this subsection, the provisions of section 13b of the Severance Pay Law, 5723-1963, and Regulations under section 13 of that Law shall apply;

(2)for the purposes of this subsection, "qualifying period" – a period commencing on the day of dismissal or the day on which the employer knew or ought to have known of the existence of the ground for the restriction on dismissal, whichever is the later, and ending on the earliest of the following:

(a)the end of the period during which the restriction on dismissal applies as aforesaid;

(b)if a permit for dismissal was granted under section 9 – the day on which that permit takes effect;

(c)if the employee was reinstated – the day of reinstatement.

Right of Action§

13b.

Claims on account of a breach of the provisions under this Law may be filed by –

(1)the male employee or the female employee;

(2)the representative workers' organisation at that workplace, and where there is no such workers' organisation – the workers' organisation of which the male employee or the female employee is a member;

(3)an organisation engaged in the advancement of the rights of those whom this Law is intended to protect, provided that the male employee or the female employee has consented thereto in writing.

Right of Intervention in Claims§

13c.

In claims on account of a breach of the provisions of this Law, the Labour Court may permit an organisation as referred to in section 13b(2) or (3) to be heard, in the manner the court directs.

Appeal§

13d.

A person who considers themselves aggrieved by a decision of the Minister of Industry, Trade and Employment in respect of the grant of a permit under the provisions of this Law may appeal against it to a Regional Labour Court, within 45 days from the day on which the decision came to the person's knowledge.

Offences§

14.

(a)A person who does any of the following shall be liable to imprisonment of six months or to double the fine referred to in section 61(a)(3) of the Penal Law, 5737-1977 (in this Law – the Penal Law):

(1)employed a female employee in work, in a production process or in a workplace that were prohibited or restricted pursuant to section 1;

(2)employed a female employee in night work without providing her with the conditions required pursuant to section 2(a);

(3)refused to engage a woman for employment on the ground that she gave notice upon her engagement that she did not agree, for family reasons, to work at night, contrary to the provisions of section 2(c);

(4)employed a female employee or a male employee during the maternity and parental leave period, contrary to the provisions of section 6, or employed an adoptive parent, a prospective parent or a foster family parent during the maternity and parental leave period, contrary to the provisions of that section as applied under sections 9c to 9f;

(5)employed a female employee or a male employee knowing them to be in a maternity and parental leave period, contrary to the provisions of section 8, or employed an adoptive parent, a prospective parent or a foster family parent knowing them to be in a maternity and parental leave period, contrary to the provisions of that section as applied under sections 9c to 9f;

(6)dismissed, without a permit, a female employee who is pregnant and has not yet commenced a maternity and parental leave period, contrary to the provisions of section 9(a), or dismissed, without a permit, an adoptive parent, a prospective parent or a foster family parent, contrary to the provisions of that section as applied under sections 9c to 9f;

(6a)caused the dismissal of a female employee of a manpower contractor while she was pregnant, contrary to the provisions of section 9(b1), or caused the dismissal of an adoptive parent, a prospective parent or a foster family parent who is an employee of a manpower contractor, contrary to the provisions of that section as applied under sections 9c to 9f;

(7)dismissed a female employee or a male employee during the maternity and parental leave period or on days of their absence from work pursuant to section 7(c)(2) or (c2), contrary to the provisions of section 9(c)(1), or dismissed an adoptive parent, a prospective parent or a foster family parent during the maternity and parental leave period, contrary to the provisions of section 9(c)(1) as applied under sections 9c to 9f;

(8)dismissed, without a permit, a female employee or a male employee within a period of 60 days following the end of the maternity and parental leave period or following the end of the days of absence pursuant to section 7(c)(2) or (c2), contrary to the provisions of section 9(c)(1a), or dismissed, without a permit, an adoptive parent, a prospective parent or a foster family parent within a period of 60 days following the end of the maternity and parental leave period, contrary to the provisions of section 9(c)(1a) as applied under sections 9c to 9f;

(9)dismissed, without a permit, a female employee or a male employee on days of their absence from work pursuant to section 7(c)(1c), (d)(1) or (d1), or during a period of 60 days following the end of the said days of absence, contrary to the provisions of section 9(c)(2), or dismissed, without a permit, an adoptive parent, a prospective parent or a foster family parent on days of their absence from work pursuant to section 7(d)(1) or during a period of sixty days following the end of the said days of absence, contrary to the provisions of section 9(c)(2) as applied under sections 9c to 9f;

(10)dismissed, without a permit, a female employee who stayed in a shelter for battered women, on days of her absence from work pursuant to section 7(c)(5), or during a period of 150 days following the end of the said days of absence, contrary to the provisions of section 9(d);

(11)dismissed, without a permit, a female employee or a male employee who underwent fertility treatments or in-vitro fertilisation treatments, as the case may be, in preparation for two births, on days of their absence from work pursuant to section 7(c)(4) or (c1), or during a period of 150 days following the end of the said days of absence, contrary to the provisions of section 9(e)(1), or employees as aforesaid in respect of whom a restriction on their dismissal applied during the period of the treatments or during a period of 150 days following the date of commencement of the treatments, contrary to the provisions of section 9(e)(3);

(12)dismissed a female employee on days of her absence from work pursuant to section 7(a), contrary to the provisions of section 9(f);

(13)adversely affected, without a permit, the scope of employment or the income of a female employee or a male employee in respect of whom a restriction on dismissal applied under section 9, during the period in which that restriction applied, contrary to the provisions of section 9a, or adversely affected, without a permit, the scope of employment or the income of an adoptive parent, a prospective parent or a foster family parent in respect of whom a restriction on dismissal applied under section 9, during the period in which that restriction applied, contrary to the provisions of section 9a as applied under sections 9c to 9f;

(14)employed a female employee who is in her fifth month of pregnancy or later in overtime work, during the weekly rest, or in night work, contrary to the provisions of section 10(a);

(15)employed a female employee who had given birth in night work or during the weekly rest, without her consent, contrary to the provisions of section 10(c).

(b)A person who obstructs an inspector in the performance of his duties under this Law shall be liable to imprisonment of six months.

(c)Offences under subsection (a)(1) and (2) are offences of strict liability.

Liability of an Office Holder§

15.

(a)An office holder in a corporation is obliged to supervise and do everything possible to prevent an offence under this Law by the corporation or by any of its employees; a person who contravenes this provision shall be liable to the fine referred to in section 61(a)(3) of the Penal Law; in this section, "office holder" means an active manager in a corporation, a partner excluding a limited partner, and an official responsible on behalf of the corporation for the area in which the offence was committed.

(b)Where an offence under this Law has been committed by a corporation or by any of its employees, it shall be presumed that an office holder in the corporation contravened his duty under subsection (a), unless he proves that he did everything possible to fulfil his duty.

Evidence§

16.

A woman found at a place at a time when work is being done or machines are operating therein – excluding meal break times – shall be regarded as employed at that place in the same production process and at the same time, unless the contrary is proved.

17.§

(Repealed — תשל״ג)

Status of a Cooperative Society§

18.

For the purposes of sections 1, 6, 7 and 7a, a cooperative society shall be regarded as the employer of its members.

The State as Employer§

19.

For the purposes of this Law, a State employee shall be treated in the same manner as any other employee.

Implementation and Regulations§

20.

The Minister of Labour is charged with the implementation of this Law and may make Regulations on any matter relating to its implementation.

Duty of Consultation§

21.

The Minister of Labour shall not make Regulations pursuant to sections 1 and 2, and shall not publish a notice pursuant to section 11(b), except after consultation with the workers' organisation representing the largest number of employees in the State and also with the representative employers' organisations in the State that, in the opinion of the Minister, are concerned in the matter.

Transfer of Powers§

22.

(a)The Minister of Labour may transfer to another the powers vested in him under this Law, other than the power to make Regulations, to grant a general permit and to publish a notice pursuant to section 11(b).

(b)Notice of the transfer of powers pursuant to subsection (a) shall be published in Reshumot (Official Gazette).

Publication of Information on Rights under this Law§

22a.

(a)The Minister of Industry, Trade and Employment shall publish information on rights under this Law by any or all of the following means:

(1)publication through the media;

(2)distribution of information leaflets;

(3)operation of an information centre providing telephone responses to public enquiries on the subject of rights under this Law;

(4)publication of information on the website of the Ministry of Industry, Trade and Employment.

(b)The Minister of Industry, Trade and Employment shall report to the Labour, Welfare and Health Committee of the Knesset, on 1 January of each year, on the implementation of the provisions of this section in the preceding year.

Preservation of Rights§

23.

This Law shall not derogate from any right conferred on an employee by law, a collective agreement, a contract of employment or custom.

Transitional Provisions§

24.

(a)For the purposes of section 4(2) of the Seventh Schedule to the National Insurance Law, 5714-1953, a woman who has not yet attained the age of 18 shall also be regarded as a female employee to whom the Women's Employment Ordinance, 1945 applies.

(b)So long as Regulations have not been made pursuant to section 1, a female employee shall not be employed in work, in production processes or in workplaces as specified in Part 1 of the Schedule to the Women's Employment Ordinance, 1945.

Repeal§

25.

The Women's Employment Ordinance, 1945 – is repealed.

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LawLabor Law

חוק עבודת נשים, תשי"ד-1954

Chouk Avodat Nashim

Avodat Nashim Law

Women's Employment Law 1954

Women's Work Law

Women Workers Law

Female Employment Law

Women Labour Law

5714-1954

Women's Employment

Gender Employment Law

Women's Employment Law, 5714-1954

Prohibited and Restricted Work§Cite ✦

Conditions for Night Work§Cite ✦

Jurisdiction of the Labour Court§Cite ✦

Refusal to Work at Night§Cite ✦

Application to Single Parent§Cite ✦

Birth and Parenthood Leave§Cite ✦

Right to be Absent from Work§Cite ✦

Provident Fund Contributions during Maternity and Parental Leave and Pregnancy Preservation§Cite ✦

Conditions for the Exercise of the Right to a Parental Hour by a Spouse§Cite ✦

Prohibition of Employment during Birth and Parental Leave Period§Cite ✦

Restriction on Dismissal§Cite ✦

Prohibition of Harm to Scope of Position or Income§Cite ✦

Permit in respect of a Pregnant Female Employee – Entry into Force§Cite ✦

Application of Provisions to an Adoptive Parent, a Prospective Parent and a Foster Family Parent§Cite ✦

Amendments and Adaptations in the Application of the Provisions to an Adoptive Parent§Cite ✦

Amendments and Adaptations in the Application of the Provisions to an Intended Parent§Cite ✦

Amendments and Adaptations in the Application of the Provisions to a Foster Family Parent§Cite ✦

Notice of Cessation of Adoption or Fostering Proceedings or of Cessation of a Surrogate Mother's Pregnancy§Cite ✦

Overtime Work, Weekly Rest and Night Work§Cite ✦

Register of Female Employees§Cite ✦

Publication of the Provisions of the Law§Cite ✦

Inspection Powers§Cite ✦

Jurisdiction and Remedies§Cite ✦

Right of Action§Cite ✦

Right of Intervention in Claims§Cite ✦

Appeal§Cite ✦

Offences§Cite ✦

Liability of an Office Holder§Cite ✦

Evidence§Cite ✦

Status of a Cooperative Society§Cite ✦

The State as Employer§Cite ✦

Implementation and Regulations§Cite ✦

Duty of Consultation§Cite ✦

Transfer of Powers§Cite ✦

Publication of Information on Rights under this Law§Cite ✦

Preservation of Rights§Cite ✦

Transitional Provisions§Cite ✦

Repeal§Cite ✦

Prohibited and Restricted Work§

Conditions for Night Work§

Jurisdiction of the Labour Court§

Refusal to Work at Night§

Application to Single Parent§

Birth and Parenthood Leave§

Right to be Absent from Work§

Provident Fund Contributions during Maternity and Parental Leave and Pregnancy Preservation§

Conditions for the Exercise of the Right to a Parental Hour by a Spouse§

Prohibition of Employment during Birth and Parental Leave Period§

Restriction on Dismissal§

Prohibition of Harm to Scope of Position or Income§

Permit in respect of a Pregnant Female Employee – Entry into Force§

Application of Provisions to an Adoptive Parent, a Prospective Parent and a Foster Family Parent§

Amendments and Adaptations in the Application of the Provisions to an Adoptive Parent§

Amendments and Adaptations in the Application of the Provisions to an Intended Parent§

Amendments and Adaptations in the Application of the Provisions to a Foster Family Parent§

Notice of Cessation of Adoption or Fostering Proceedings or of Cessation of a Surrogate Mother's Pregnancy§

Overtime Work, Weekly Rest and Night Work§

Register of Female Employees§

Publication of the Provisions of the Law§

Inspection Powers§

Jurisdiction and Remedies§

Right of Action§

Right of Intervention in Claims§

Appeal§

Offences§

Liability of an Office Holder§

Evidence§

Status of a Cooperative Society§

The State as Employer§

Implementation and Regulations§

Duty of Consultation§

Transfer of Powers§

Publication of Information on Rights under this Law§

Preservation of Rights§

Transitional Provisions§

Repeal§