Legal Rights of Pregnant Employees in Israel

Numerous legal rights are protected for pregnant employees in Israel. Employers who infringe upon these rights are exposed to compensation claims that can reach very high sums. In this article, an expert labor law attorney from our firm will present all the current legal information on the subject.

Our law firm in Jerusalem and Tel Aviv specializes in labor law. The firm provides its clients with comprehensive legal solutions on topics such as employee rights, employer obligations, employment contracts, severance pay, and more.

Why is There a Need for Legal Rights for Pregnant Employees?

Decades of struggles to promote gender equality have greatly facilitated women’s ability to develop independent careers. The State of Israel strives to assist in this, and accordingly, many laws have been created that grant rights to pregnant employees. These laws are designed to protect them from infringement of their rights due to the need to attend to their medical needs, and at the same time ensure that the well-being of the fetus is not harmed as a result of their work.

These include, among other things, the Employment of Women Law and the Employment (Equal Opportunities) Law. These and other laws, which grant legal rights to pregnant employees, also stem from the trend of improving working conditions and caring for the welfare of employees. This is out of recognition of them as the driving force behind the growth of any business. On our firm’s website, you will find additional information articles on the subject, including on employee stock options, continuing education funds, and more. Below, we will elaborate on the legal rights of pregnant employees.

Prohibition Against Discriminating Against an Employee Due to Pregnancy

This prohibition is very broad and covers the entire period of the employee’s employment. In some cases, there is even a prohibition against discrimination in hiring due to pregnancy. Throughout the employment period, there is a prohibition against harming the employee’s conditions due to pregnancy. For example, a reduction in salary or work hours due to pregnancy will be considered prohibited discrimination, which may give rise to a claim for compensation. This also applies to the cancellation of an employee’s promotion due to her pregnancy. The law goes further and prohibits discrimination against a pregnant employee in sending her for training or professional development.

Prohibition Against Dismissing an Employee Due to Pregnancy

An employer is not permitted to dismiss an employee who has been at a particular workplace for more than 6 months due to pregnancy. To dismiss the employee, the employer must contact the Supervisor of Women’s Employment at the Ministry of Labor and obtain explicit permission to do so. The law stipulates that action contrary to this, such as unilateral action by the employer, will give rise to an obligation to pay fines and compensation to the dismissed employee. It should be emphasized that this is true for the duration of the pregnancy itself but does not apply during the employee’s maternity leave. During this period, the law strictly prohibits dismissal, and no permission for dismissal can be obtained.

Preservation of Pension and Savings Conditions

A pregnant employee is entitled to continued contributions to pension insurance or provident funds, as well as to a continuing education fund. The conditions to which the employee was entitled before the pregnancy must remain the same in scope. For example, if before the pregnancy the employer contributed an amount equal to 7% of the employee’s salary to a continuing education fund, they will be required to continue doing so, and a reduction in the amount due to the pregnancy will not be permitted.

Legal Rights of the Spouse of a Pregnant Employee

Due to changes in the law in recent years, the spouses of pregnant employees have seen a significant improvement in their rights, whereas previously the law granted them almost no legal rights. Today, the spouses of employees are entitled to paternity leave themselves. We have explained this in detail in another article published on our firm’s website.

Contact a Labor Law Expert Attorney

For any question or issue arising in this context, you can contact our law firm in Jerusalem and Tel Aviv, and an expert labor law attorney will be happy to provide you with comprehensive legal advice on this and other topics, including employment contracts, severance pay, employee benefits, and the like.

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