What protection does the law give a pregnant woman regarding absences for the purpose of tests, and when is she entitled to a benefit from the National Insurance Institute.

This article deals with the protections that the law grants to pregnant women, in particular regarding absences

Absences for medical examinations: According to the law, an employee may be absent from her work to conduct routine medical examinations related to pregnancy, and to supervise the normality and progress of the pregnancy, without deducting the days of her absence from her salary.

Allowed hours of absence: A woman who works for more than four hours a day, during a full work week as is customary at her place of work, – is allowed to be absent 40 hours during all the months of pregnancy.

A woman who works up to four hours a day, during a full work week, as is customary at her place of work, may be absent for 20 hours during all the months of pregnancy.

What is maternity leave: maternity leave as defined by law is absence from work for one of two reasons: a medical condition resulting from pregnancy. The type of work, the place where the work is performed, or the manner in which it is performed, endangers the woman or her fetus.

Under what conditions absence due to pregnancy qualifies for rehab for pregnancy maintenance: An employee may be absent from her work if a doctor has confirmed in writing that her condition due to pregnancy requires such absence. In the event that this absence lasts less than 30 consecutive days, the woman is not entitled to a pregnancy maintenance benefit from the National Insurance Institute. However, this absence will not affect the woman’s seniority. After a period of 30 days of absence, in which the employee is forced to stop her work due to a medical risk to her or the fetus, arising from the pregnancy. The woman will be entitled to a maternity leave benefit from the National Insurance Institute. Partial absence to maintain a pregnancy (such as reducing daily working hours) – does not qualify for a partial benefit.

When absence due to pregnancy qualifies for sick pay: If the employee is not entitled to pregnancy care benefits (according to the conditions detailed above) and is not entitled to another payment by virtue of a contract, these days of absence will be considered as absence due to illness.

When absence due to pregnancy does not qualify for sick pay: Sometimes the absence of a pregnant employee is not precisely due to her health condition due to pregnancy, but rather due to the type of work, the way the work is performed or the place of work. Therefore, the law stipulates that an employee may be absent from work, if a doctor confirms to her that due to the nature, type, or location of the job, the employee is prevented from performing her work – or if the nature, type, or location of the job endangers the employee or her future. In such cases, and when no suitable substitute work is found for the employee at the workplace, the employee will be given the right of absence, and this absence will be treated as unpaid leave.

The author is attorney Tzur Yosef who deals among other things in labor law and serves as the ombudsman for the Hidbrot organization.