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Absences, Compensation and Exceptions: The Complete Guide to the Isolated Employee Israel today

2022-01-10T17:57:36.362Z


The omicron is already everywhere - and few have managed to evade exposure to the verified • The wave of isolation raises the questions: Who is entitled to compensation for isolation and what about the positives? • We asked for the expertise


With the dizzying spread of the disease across the country, many workers are forced into isolation due to infection or exposure to the verified.

Are the isolation debtors entitled to compensation for their absence, and if so - under what conditions?

With a series of question marks on the subject, we approached the expertise, attorneys Anat Rotem and Mai Maor from the Legal Department at "Human Resource Flight", which focuses on recruiting and placing and outsourcing to a variety of clients.

What are the rights of employees who are forced into isolation, and when are employees entitled to payment from their employers?

"As a general rule, an employee who enters solitary confinement is entitled to payment from the employer from the second day of solitary confinement, unless the employee has a benefit arrangement under which he is entitled to sick pay from the first sick date, provided the following conditions are met: the employee is absent from work. Report to the Ministry of Health. "

Enforcement of Bonds in Insulation (Archive), Photo: Yossi Zeliger

Who is not entitled to payment from among the employees?

"An employee who reports to the Ministry of Health about the isolation late will be entitled to payment for the isolation days up to 4 days only retroactively from the reporting date. An employee who is required to stay in isolation due to a private trip abroad is not entitled to isolation fees.

"An isolation worker for being a verified patient is not entitled to isolation pay - but to sick pay from the employer, depending on the sick days accrued to his credit. It should be noted that anyone who works from home, and actually works during isolation, will be entitled to regular wages for these days."

What is the amount of payment for the isolation days?

"The following conditions will entitle the workers to full isolation pay, ie 100% of the normal wage, except for the first day of isolation: recovering or vaccinated, required for isolation according to the guidelines of the Ministry of Health, an employee with medical impediment or a resident in isolation with his child (up to age 16) The child is not subject to isolation, provided that the child is not a verified patient.

"In addition, an employee who has an obligation to insulate due to a flight on behalf of the employer is also entitled to isolation fees. Employees who are not vaccinated or recovering, except for those who were not vaccinated due to medical prevention, will be entitled to only 75% of regular wages."

Corona tests in Mevaseret Zion // Photo: Oren Ben Hakon,

What is the eligibility period for payment for the insulation?

"The qualifying period for paying insulation fees is only the minimum isolation period. That is, the eligibility period for paying insulation fees will be at the earliest date when the isolation period can end. For example, if currently the minimum isolation period is ten days, beyond that there will be payment."

Will the sick days be deducted from the employee due to the days of isolation?

"Currently, the employer may deduct the days of absence during the isolation period from the employee's accumulated sick days quota up to a maximum of three sick days, even if the employee is absent for more than three days. "The employee in the future. If the employee finishes work before accumulating the required sick days, the employer may deduct from the employee's vacation days accrual. If there is no balance left, the employee cannot be charged for the sick days accrued for his duty."

What is the eligibility of a working parent, who is forced to stay with a child in isolation or a verified patient?

An employee, although not subject to the obligation of isolation, but absent from work for the purpose of accompanying his child liable for isolation (up to age 16 or a child with a disability in need of personal assistance), will be entitled to full isolation allowance at 100% of normal pay, subject to the following conditions: The employee is not a verified patient and does not have an isolation obligation due to returning from abroad, the employee reported his child's isolation to the Ministry of Health and issued a certificate to the employer or the employee gave the employer a statement in accordance with the law.

If during the isolation period the child turns out to be a verified patient, the employee will be entitled to sick pay from the employer for a child's illness in accordance with the law and in accordance with the accumulated sick days to his credit. "

Corona tests for children, Photo: Oren Ben Hakon

What about the eligibility of the self-employed in isolation?

Following a petition by Lahav, the Israel Chamber of Independents and the petitioners Adv. Roi Cohen, President Lahav and Dr. Adv. Matan Gutman, the government issued a memorandum of law on December 23 to provide compensation for days of isolation for the self-employed. Of only NIS 430 for each week of isolation, ie NIS 61 per day in retroactive application from July 1, 2021. Blade will oppose this amount on the grounds that it does not cover any of their expenses. Applies to the employee public only.

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Source: israelhayom

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