Guide: Refunds, Sick Leave and Benefits Granted by the National Insurance Institute

One of the issues that trouble parents, particularly in the first years of their children in educational institutions, is what to do when they have to be absent from work because their child is sick. On the one hand, they have a commitment to their workplace, and on the other hand, they have a duty to care for their child.

Some parents may need to be absent from due to a physical or mental disability of a child, whether temporary or permanent. They are often required to be absent from work for supervision, accompaniment and assistance for their child, which often creates complex dilemmas to their employers.

The following article provides all information about the eligibilities of parents who have an ill child or a disabled child.

Sick pay

Israel’s Sick Pay Law lays down the eligibility of employees for payment during their own illness or that of one of their children, when the absence is inevitable and essential. The key provisions of the law are as follows:

For further information on sick days, eligibilities and provisions of the law on the Ministry of Labor’s website (Hebrew)

For further information and details on sick days, eligibilities and provisions of the law on the Ministry of Labor’s website (Hebrew)

Payment for sick days in case of a child's disease

The payment conditions in the case of child's disease are identical to the payment conditions for the sick days of the employees themselves, as determined in the Sick Days Law (Hebrew). If the employee has signed a collective bargaining agreement or an individual employment contract with more favorable conditions (for example a greater number of sick days than stated in the law), or if there is an extension order that applies to all employees at the workplace or in a certain sector, the employee will be paid according to the contract he or she signed.

Children with disabilities

According to the Equal Rights for Persons with Disabilities Law (Hebrew), a person with a disability is defined as: "a person with a physical or mental disability, including a cognitive disability, whether permanent or temporary, which significantly impairs his or her functioning in one or more key fields of life".

Parents of children with a permanent disability are entitled under the Sick Days Law (Hebrew) to be absent from their workplace to care for their child for an unlimited period (including after the age of 18). It is important to note that the eligibilities are identical for families that have more than one child with a disability. To get their eligibilities, they must submit to the workplace a medical confirmation (from a pediatrician and from a physician in the field relevant to the disability), stating that the child has a disability and needs personal assistance. This eligibility is divided into absence days at the expense of the workplace and additional days at the expense of the employee.

Absence days at the expense of the workplace

• The number of absence days to which employees are entitled varies between married and single parents, and those who have sole custody of their child.
• The number of absence days to which employees are entitled is determined by the scope of their employment. Part time employment entails a proportional calculation according to the monthly average of work hours.
• In families with married parents, each parent is entitled to the number of absence days stated by the law. If one of the parents has utilized all the hours assigned by law and needs additional absence hours for personal assistance purpose, he or she can get additional hours from the quota that the law assigns to the spouse, as long as it has not been used and the spouse consents to the transfer. In the case of divorced parents, hours may be transferred from one parent to the other.

Absence days at the expense of the employee

• Employees are entitled to additional absence days or fractional absence days (that is, absence for a part of a workday) at their own expense for personal assistance purposes. However, it is important to know that:
  
  • This is not an addition of sick leave or vacation days, but a possibility to be absent from work for more days than permitted to other employees, who do not have children with a disability. The absence days may be taken from the employee’s accumulated vacation days or quota of sick days. If there are no accumulated days, no more absence is permitted.
  • Sick pay for these absence days will be given from the first day of absence.
• If one of the parents has used all days assigned by law and needs additional absence time for personal assistance purposes, the hours may be provided from the quota of hours assigned by law permits to that parent's spouse, as long as the spouse has not used it and consents to the transfer. Hours may be transferred from one parent to the other even if the parents are divorced.
• A single parent or a parent who has sole custody of a child with a disability is entitled to days of absence from work at his or her own expense, on the condition that he or she has accumulated enough days and there is no other person who has used the entitlement to use these days to care for the child.

For further information on sick days, eligibilities and provisions of the law on the Ministry of Labor’s website (Hebrew)

Allowance for caring for a disabled child

Children with a disability or special needs are eligible for a monthly allowance from the National Insurance Institute, to help parents cope with the burden of therapy, facilitate the raising of these children and allow the family to have a normal lifestyle.

To get this allowance, it is necessary to submit a claim to the National Insurance Institute, attach all relevant documents, meet with a medical committee if necessary, and then wait for an answer as to whether the allowance has been approved.

Before starting the process, it is advised to make sure your case meets the following criteria:

• Conditions for eligibility for an allowance for treating a disabled child, on the National Insurance Institute website (Hebrew).
• The diseases and disabilities that render persons eligible for a disability allowance, on the National Insurance Institute website (Hebrew).

If you are eligible, continue the process as follows:

• A claim for an allowance for treating a disabled child must be filed on the National Insurance Institute website (Hebrew).
• If the National Insurance Institute's physician is unable to make a decision on eligibility based on the documents submitted, you will be called with your child to a medical committee. Additional information on medical committees for children, on the National Insurance Institute website (Hebrew).
• The decision of the medical committee will be mailed within 3 months.
• If the allowance has been approved, it will be paid into the bank account of the parents monthly.
• If the allowance is not approved, an appeal may be filed via the National Insurance Institute website (Hebrew).
• The allowance amount varies according to the child’s eligibility level. Additional information about the allowance amount on the National Insurance Institute website (Hebrew).

Assistance in caring for a child

There are medical limitations that render children eligible for coach assistance, enrichment and support hours in the afternoons. Further information may be obtained from the social worker in the local social services department.

Furthermore, some children who receive a disability allowance may also be entitled to full-time close nursing care, at home and at the educational institution they attend. In these cases, you must contact the Population and Immigration Authority to get a permit to employ a foreign worker (Hebrew) for a period of 3 years. After getting a permit, you may contact one of the employment agencies that recruit foreign workers and seek a suitable worker through them.