She returned from maternity leave and was fired without a hearing

Although the employment rates of women in the economy are high, they suffer from wage disparities, when maternity leave and the fact that they are usually the ones who take care of the children significantly harm their wages and their employment sequence.

Attorney Sharon Rosin describes how an employer's injury to an employee who went on maternity leave ended

In collaboration with legal zap

07/26/2022

Tuesday, July 26, 2022, 1:50 p.m

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In accordance with the Law of Equal Opportunities at Work, an employer is prohibited from discriminating among his employees (Photo: ShutterStock)

The Women's Labor Law was already enacted in 1954, but unfortunately many times, especially in the private sector, women's rights are repeatedly trampled upon, whether it is job interviews in which women are asked private questions that should not be asked - such as whether they plan to become pregnant, what their personal status is, How old are they, how many children do they have and who will they get help from when the child is sick - and whether it is a blatant violation of the law to fire them during pregnancy or during maternity leave.

In accordance with the Law on Equal Opportunities at Work, an employer is prohibited from discriminating between his employees or between job seekers because of their gender, sexual orientation, personal status, pregnancy, being parents, age, race, religion, nationality, country of origin, outlook, party or service in the reserves, their calling for reserve service or their expected service in reserve service.

In the case described here, we are dealing with an employee of a private company, about a year and a half in the company, after her return from maternity leave, more precisely, 20 days after her return, the employee was fired immediately and without a hearing procedure.

Women do not always know their rights when leaving and returning from maternity leave.

In accordance with the Women's Labor Law, 1954-554, an employer is prohibited from firing an employee for a period of 60 days after the end of the aforementioned absence, and shall not issue a layoff notice except with a permit from the Minister of Industry, Trade and Employment, and the Minister shall not permit layoffs according to this paragraph if they in his opinion regarding childbirth or absence.

In addition, the employer is prohibited from harming the scope of a job or the income of an employee who is on maternity leave and afterwards during the 60 days after the end of the maternity leave. In other words, the woman returning from maternity leave has 60 days of grace during which it is prohibited to fire , without a permit from the Commissioner for Women's Labor Law.

The employer realized that he acted against the law when he fired the employee

as stated, in the current case the employee was fired during these 60 days, from today to tomorrow.

On top of that, while she was on maternity leave, the employer published an ad looking for a female employee to fill her place.

The employer waited for her to return to work in order to fire her near the end of the grace period.

Attorney Rozin appealed to the employer and the matter was closed in a compromise. The employer realized that he acted against the law when he fired the employee without a hearing procedure and before the 60-day period from her return from maternity leave had ended. In this case, the employer chose to pay the employee compensation.

This case cries out to the heavens for a blatant violation of the Law of Equal Opportunities at Work. It is a well-known fact that in this sensitive period, searching for another source of income is almost impossible. The employee returned to work while relying on an existing source of income. The law in this case protects women returning from maternity leave in order to continue their employment at the same workplace.

Many employers prefer to hire men over young women because they anticipate the future: will the candidate get married or is she newly married and soon want to get pregnant, and if her luck improves and she does start to expand the family, the employer will find himself without an employee.

Attorney Rosin adds that it is important for every woman in Israel to know her rights in the labor market, and if she feels that her rights have been violated, it is highly recommended that she seek professional advice as soon as possible, which will help her to exhaust her rights and receive compensation as required by law.

- 053-6226092

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The article is courtesy of Zap Legal

• Sentence

• Labor and Employment Law

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• Maternity Leave