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Sick days season: the forecast for the private sector worker

When winter comes many workers or their family members may fall asleep and be absent from work.

What does the law say about workers' rights vis-à-vis the employer in this case?

Tags

• Sick days

• Labor laws

Adv. Orna Shmaryahu and Adv. Yechiel Menahmov, in collaboration with Zap Mishpati

Tuesday, 01 December 2020, 13:46

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Sick (Photo: shutterstock)

The winter season has already begun and as every year colds and flu are only a matter of time, in addition to the corona virus.

Even if we hid well behind a mask, the parents among us know this closely, one infected child is enough to infect the whole family.

At best it is a matter of two days but sometimes, especially in cases of flu, we are disabled for longer and non-negligible periods of time.

When this happens, as always, even before we meet the family doctor, it seems that the first to be informed of our illness is the employer.

Therefore, it is better for us to know in general what, how much and how we deserve when we are sick:

the Sick Pay Law, 5736-1976 (hereinafter: the "Law"), and regulations to it, regulate the issue of the employee's sick days.

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What is the date on which the employee must inform the employer of the sick days

Regulation 1 of the Sick Pay Regulations stipulates that the employee must notify the employer within 3 days from the first day of illness of his absence due to illness.

We emphasize that an employee who does not give notice will risk non-payment of sick days, especially if the employment agreement states that he is obliged to act in accordance with this regulation.

The right to accrue sick days

Section 4 of the law stipulates that every employee is entitled to the accumulation of 18 sick days per year, that is, one and a half days per month, up to 90 days only.

That is, after 90 days the employee cannot accrue sick days by law unless otherwise agreed with the employer.

And we will emphasize: sick days accrue every month even if the employee is sick, during the period of mourning, maternity leave and annual leave.

Sickness benefit rate and sickness benefit level

Section 2 (a) of the law stipulates that for the first day the employee will not be entitled to payment and on the second and third day the employee will be entitled to payment of 50% of the value of the working day.

The rate of sick pay is determined in section 5 (a) of the law, which stipulates that the wage to be paid will be the same wage as if the employee had continued his work.

In the case of an employee according to the supplier, in accordance with section 5 (b) of the law, the amount of sick pay will be equal to the average daily supply for his last three months of work.

In addition, for the purpose of calculating the wage components included in the sick pay, section 6 of the law stipulates that the basic wage, seniority supplement and family supplement, cost increase or compensation for increase in price and departmental or professional supplement must be included.

With regard to an employee who is remunerated with sales commissions, it was determined in the court rulings that the calculation will be similar to section 5 (b) of the law, ie, from the origin of the daily sales commissions in the last three months.

Sick days for a monthly employee

Unlike an hourly wage worker for whom Fridays and Saturdays are not counted, the calculation of sick days for a monthly worker includes Fridays and Saturdays.

That is, if the employee was ill for 7 days from Sunday to the following Sunday, he will be deducted from the accumulation of sick days 6 sick days.

Is it possible to fire an employee who is on sick leave

According to the provisions of section 4A of the law, as long as the employee has accumulated sick days up to this ceiling, it is prohibited for an employer to dismiss the employee who is on sick days.

Beyond this ceiling, the employer may dismiss the employee, but the courts have ruled that he is required to do so in good faith, taking into account the employee's condition and finding alternative employment solutions, as far as possible.

In any case, when an employer ceases to operate, for example, has gone bankrupt, or in the case of a company against which a liquidation order has been issued, then the employer may dismiss the employee during his illness provided he has given the employee prior notice of illness.

Illness of relatives - children, spouses, parents and in-laws

An employee is entitled to up to 6 days a year at the expense of his accumulated sick days due to his spouse's illness

It is first important to emphasize that this is not a serious / malignant disease as defined in these laws below, for which unique provisions have been established under unique conditions and special reporting.

In the case of a child under the age of 16, the Sick Pay (Absence Due to Child Illness) Law, 5733-1993 stipulates that as long as the spouse works and is not absent during the same period due to the child's illness, up to 8 days a year can be imputed at the expense of accrued illness. In case it is a single parent or a parent whose child is in sole custody, can be credited 16 days of sick leave accrued on account of illness.

regarding disease spouse, section 1 of sick leave (of absence due to illness spouse), 1998 that an employee is entitled to charge Up to 6 days a year at the expense of his accumulated sick days due to his spouse's illness.

We emphasize that the spouse's illness is required to be limiting to the point of limiting basic activities such as eating and drinking, needs, bathing, dressing and self-mobility at home.

With regard to a parent's illness, section 1 of the Sick Pay (Absence Due to Parental Illness) Law, 5754-1999, stipulates that an employee is entitled to up to 6 sick days at the expense of his accumulated sick days due to illness of his parent or his spouse : The parent is completely dependent on the help of others in performing basic activities such as eating and drinking, needs, bathing, dressing and self-mobility at home; the employee's spouse works and is not absent from work during that time; .

Sick, sick but still working

Finally, we should remember the following basic rule: Sick pay is part of the salary.

During the stay of an employee on sick days, he is entitled to sick pay and these are considered part of his salary.

The courts' ruling stipulates that the purpose of the Sick Pay Law is to allow an employee who is unable to get to work to continue earning a decent living, without the salary for the days he was in illness being separated from his determining salary.

Pursuant to this premise, section 7 of the Act provides that sick pay paid to an employee is lawfully payable to wages and therefore, the employer must deposit in a sick pay provident fund, in accordance with the rate of deposits and the amount of pay applicable to him.

It should be emphasized that an employer is prohibited from employing the employee during his illness, and to the extent that health damage is caused to the employee, it will lie at the employer's door.

We wish you good health and are at your disposal for any questions and clarifications at: 09-7796900.

Attorney Orna Shmaryahu engaged in labor law for over 20 years and represents employers and employees in all courts.

Phone

0779977524

Article courtesy of Zap legal

information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for proceedings or avoiding proceedings. Each relies on the information provided in the article Does so at his own risk

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