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The High Court revokes Sadecki's order: days of isolation will not automatically be defined as sick days | Israel Today

2020-07-27T11:37:13.394Z


| healthThe High Court overturned the order issued in February by the head of public health services, Prof. Sadecki, which stipulates that isolates will receive paid sick days. • The decision, which is expected to affect thousands of citizens and employers, will take effect in late September. The High Court today (Monday) received two petitions filed by several business organizations against the Ministry...


The High Court overturned the order issued in February by the head of public health services, Prof. Sadecki, which stipulates that isolates will receive paid sick days. • The decision, which is expected to affect thousands of citizens and employers, will take effect in late September.

The High Court today (Monday) received two petitions filed by several business organizations against the Ministry of Health requiring employers to grant sick leave to workers who were required to be isolated in the corona crisis, and ruled that sick certificates should be revoked.

In order not to harm employees who already have sick certificates and in order to allow organization on the issue, it was decided that the ruling will take effect from September 30.

Instructions from the Ministry of Health to prevent the spread of the corona virus in Israel // Courtesy of the Ministry of Health

Supreme Court President Esther Hayut and Justices Alex Stein and Uzi Vogelman ruled that the Sick Pay Act does not authorize Professor Sigal Sedecki, head of the public health service at the Ministry of Health, to issue a sweeping illness certificate to all salaried employees for fear of contracting the corona virus.

As you may recall, in February of this year, Prof. Sadecki issued a temporary order under the Public Health Order, which requires employers to receive days of isolation as sick leave.

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The employers' petition argued that the sweeping illness certificate was issued without authority and that non-sick isolationists should be declared as employees who are on unpaid leave, and in fact the burden should be placed on the employees and not on the employers.

The court concluded that fear of illness or infection with the coronavirus is not a "disease" that deprives the worker of the ability to perform his work: "To perform their work was forced upon them by a government isolation order and not by illness, and that the sweeping illness certificate which was given in matters is not a sick certificate as defined in the regulations."

In addition, the state was ordered to pay legal expenses in the amount of NIS 25,000 for each of the petitions.

Source: israelhayom

All life articles on 2020-07-27

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