Your Legal Rights After Maternity Leave and Returning to Work
The days and weeks following childbirth are a special time. On the one hand, it is a period of excitement, yet on the other, you are dealing with immense physical and emotional changes. The transition from pregnancy to motherhood is a significant journey, and sometimes the body and soul require a little more time to heal and grow stronger.
It is important to us that you know you are not on your own on this journey. Israeli law provides a broad safety net so you can focus on what truly matters, the health of both you and your baby or babies. We have gathered all the information regarding your rights following maternity leave and ahead of your return to work.
Extending maternity leave
The law allows you to extend your time at home following the conclusion of your official maternity leave as an unpaid leave for a period equal to one-quarter of your seniority with the employer. This unpaid leave period may not exceed 12 months from the date of birth. Under certain conditions, your partner may take the unpaid leave in your place.
Please note: The unpaid leave period is not counted toward the calculation of seniority-based rights, such as severance pay or seniority increments.
For the legal provisions on this subject, click here
For additional information regarding the extension or splitting of maternity leave
Absence due to a medical condition following maternity leave
If your medical condition requires it, you are entitled to be absent from work even after your official maternity leave has ended. If you have medical authorization confirming that your medical condition resulting from childbirth requires additional absence, you may be absent for the period approved by your physician (up to six months from the date of birth).
Important to know
Important to know
These days of absence are treated as sick leave.
For information regarding absence following the end of maternity leave
Restrictions on dismissal and adverse changes to working conditions
According to the Women's Labor Law (Section 9), during your maternity leave, your employer may not terminate your employment, decrease your salary, reduce your job capacity, or issue an advance notice of dismissal. However, it is important to know that in certain cases, the employer may apply to the Ministry of Economy to obtain a special permit to do so.
For information regarding restrictions on dismissal and adverse changes to working conditions
Maintaining continuity of pension contributions
The law requires your employer to continue making contributions to the provident fund, where your pension savings are accumulated even during the period you are entitled to maternity allowance. This is done to ensure that your insurance continuity and savings remain uninterrupted. For this to happen, several conditions must be met.
For full details and information on this subject
Parenthood hour (formerly "nursing hour")
If you are employed in a full-time position, you are entitled by law to be absent from work for one hour per day at the employer's expense (without salary deduction) for four months following the end of your maternity leave. If your partner is also employed, he may use this hour instead of you.
For information on parenthood hour
Night work and overtime
From the date of your return to work and for a period of four months, your employer may not require or employ you for night shifts, on Fridays or Saturdays (from the onset of Sabbath) and holidays, according to your religion.
Please note: Night work is defined as any work where at least two hours fall between midnight and 5:00 AM.
Important to know
Important to know
The prohibition against night shift employment does not apply to employees working in workplaces or services where night work is a standard requirement.
Further information on working at nights and overtime
Tax benefits: Income tax credit points
Upon becoming a mother, you are entitled to additional income tax credit points that increase your net pay. You will receive these credit points starting from the year your child is born. The number of credit points varies based on your child's age and according to your marital status. For instance, If you are a single mother (from sperm donation), you are entitled to additional credit points. Detailed information can be found in the Israel Tax Authority's credit point calculator, which is based on marital status.
Important to know
Important to know
If you and your partner are of the same sex and you are registered as married in the Population Registry, you are entitled to tax credit points as detailed here in the following manner: the parent receiving the child allowance will be eligible for credit points equivalent to those of a mother, and their partner will be entitled to credit points equivalent to those of a father.
Obtaining tax credit points
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Employee
You must contact your employer and complete Form 101 or perform a tax coordination on the Israel Tax Authority website or at the local tax office in your area of residence.
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Self-employed
You should contact your accountant so that they update the relevant authorities regarding your new status and calculate your tax credit points accordingly.
For information on tax credit points
Resignation to care for your child and severance pay
If you have been employed at the same workplace or by the same employer for a full consecutive year, you are entitled to resign within 9 months of childbirth to care for your child and receive full severance pay. This law also applies to adoption (up to age of 13), or foster care (up to age of 10), and is subject to the approval of the Ministry of Welfare and Social Affairs that the resignation is for the child's wellbeing.
To exercise this right, you must provide your employer with written notice of your resignation to care for your child, including the required advance notice.
For detailed information on severance pay eligibility at the Ministry of Labor
Please note: This type of resignation usually requires a 90-day waiting period before receiving unemployment benefits (unless the circumstances justify a 'resignation treated as a dismissal' for other reasons).
A Guide to Tax Benefits for Parents of Young Children: Israel Tax Authority