Recently a new law was published in the Official Publications which extends the period of birth and parenting for women (what was previously called maternity leave). The Employment of Women Law, 5714-1954 formerly provided for maternity leave of 12 weeks, which was then extended to 14 weeks and even to 26 weeks. However, the period during which maternity pay would be paid was not extended back to back. Accordingly, an employee was entitled to paid maternity leave for only 14 weeks, and was entitled to waive the remainder of the period in excess of the 14 weeks through to the end of the 26 weeks. The employment of the mother during the first 14 weeks was prohibited, unless the mother divided the period of birth and parenting with her husband as provided for in the law.
The new law now extends by one week the period during which maternity payment will be made, such that it will now be 15 weeks. The period during which it will be prohibited to employ a female employee will be the first 15 weeks of the maternity leave, unless the mother divides the period of birth and parenting with her husband as noted. The amendment will apply to female employees who gave birth on and after January 1, 2017. The maternity pay for the additional week will be paid as from June 1, 2017 and thereafter.
The amendment to the law even enables a male employee to use one week from the period of the birth and parenting of his wife, and to receive maternity pay for that week, insofar as his wife agreed in writing to waive the maternity pay for the 15th week of the period of birth and parenting. In this case, the female employee will be entitled to return to work in the 15th week of the period of birth and parenting. The amendment to the law further expands the rights of the male employee to use the part of the period of birth and parenting in the event that his wife is not a salaried employee but is a self-employed individual with rights to maternity pay.
The law was enacted against the background of the economic difficulties facing female employees who wish to stay with their child after birth for a considerable period of time. Moreover, the law is intended to encourage fathers to be partners and to stay with and care for the child after birth. Currently, according to the National Insurance Law, maternity leave is paid to the father only if he did not work for a period of at least 21 days. According to the explanatory notes to the new law, this continuous period led to non-use of the benefit and therefore now it is decreased to one week as minimum period for entitlement to maternity pay. In addition, it will not only apply to salaried employees but also to the self-employed.
An additional amendment to the Employment of Women (Amendment No. 56) Law, 5777-2017 extends the entitlement to 'parenting hours'. Before the amendment, a female employee (or a male employee, in circumstances set forth in the law) employed in a full time position was entitled to take leave of one hour per day without any deduction from her salary during the period of four months following the expiration of the birth and parenting period (parenting hours). In this amendment to the law it is now provided that the entitlement to parenting hours will apply to an employee (male/female) in a full time position as customary in the workplace, or to an employee (male/female) employed in a position whose monthly work hours are at least 174, whichever is the lower. This amendment entered into force on March 30, 2017 and will also apply to an employee who is entitled to parenting hours and in respect of whom four months have not yet expired from the end of the period of birth and parenting.
Another amendment in the labor law field was to the law on the Right to Sit in Employment such that it requires that fair and proper physical working conditions will be ensured for security guards at their place of work. According to the new law, the employer of a security guard will be required to make available to the security guard a sufficiently covered or shaded place to give protection from the sun or rain as well as means of heating and cooling according to the months of the year. It also prohibits the employer from preventing the security guard from using the place during work (unless the needs of the security require that) and imposes on the employer an obligation to provide the security guard with access to power points, water and a place to leave his or her personal belongings.
References: Law for Changes in Arrangements for the Period of Birth and Parenting (Legislative Amendments), 5777-2017; Law on the Right to Sit in Employment (Amendment No. 3), 5777-2017
