New Legal Protections for Bereaved Employees in Israel

The Families of Fallen Soldiers Law was amended recently, which prohibits employers in Israel from dismissing any employee who is a member of a fallen soldier’s family (“bereaved employee”), from docking his/her wages, from reducing his/her appointment percentage and from sending him/her home on unpaid leave during the year of mourning.

How does the law define the term “fallen soldier”?

A “fallen soldier” is a soldier, reservist or discharged soldier who died as a result of an injury, illness or exacerbation of an illness suffered during and due to his/her military service.

How does the law define “family member” for the purposes of the statutory protection?

A “family member” is defined as one of the following: the fallen soldier’s spouse, common-law partner or fiancé (even if he or she has not yet been recognized as an eligible fiancé); child (whether biological, adopted or foster); parent (including step-parent and adoptive); the other parent, guardian or foster parent of a minor orphan child; and sibling.

Which employees are entitled to protection under the law?

The law protects both permanent and temporary employees in workplaces. The law does not protect an individual employee who is employed by another private individual not owning a company.

Is an employer allowed to dismiss a bereaved employee within the first three months after the soldier’s death (“the first period”)?

No. Employers are prohibited from dismissing bereaved employees, from docking their wages and/or from reducing their appointment percentages during the first period. The law permits employers to temporarily reduce appointment percentages if the bereaved employees so requested, due to a medical condition or due to their families’ circumstances.

Can an employer obtain a permit to dismiss a bereaved employee, to dock his/her wages or reduce his/her appointment percentage during the first period? 

Yes. In exceptional instances, an employer may apply to the Ministry of Defense’s Employment Committee for a permit to dismiss, provided that serious circumstances involving that bereaved employee have arisen that warrant dismissal, or if the employer permanently terminated its business operations.

An employer may receive a permit to reduce a bereaved employee’s appointment percentage – without reducing his/her wage – if the business temporarily suspended operations due to circumstances unrelated to the bereaved employee in a manner that affects all employees. In such instance, the validity of the permit to reduce the appointment percentage without reducing wages will expire as soon as business operations are resumed.  

Is an employer allowed to dismiss a bereaved employee as of the fourth month and until 12 months after the soldier’s death (“the second period”)?

No. Employers are prohibited from dismissing bereaved employees and from sending them home on unpaid leave during the second period unless they obtain a permit to do so from the Employment Committee. 

Can an employer obtain a permit from the Employment Committee to dismiss a bereaved employee during the second period? 

Yes. An employer may receive a permit from the Employment Committee to dismiss a bereaved employee during the second period, provided that the employer proves that the dismissal is unrelated to the soldier’s death and that one of the following circumstances exists: (1) the employer has proven that serious circumstances involving the bereaved employee arose that warrant dismissal; (2) the employer permanently terminated its business operations; (3) changes occurred in the workplace that led to downsizing of the volume of work and to layoffs of additional employees; (4) the employer has proven that it is unable to continue employing the bereaved employee or that the employee was already given advance notice of dismissal prior to the soldier’s death.

Can an employer obtain a permit from the Employment Committee to send a bereaved employee home on unpaid leave during the second period? 

Yes. An employer may receive a permit to send a bereaved employee home on unpaid leave during the second period in one of the following instances: (1) the employer has proven that the unpaid leave is unrelated to the soldier’s death and the bereaved employee consented to unpaid leave; (2) the employee asked to take unpaid leave (even if it does relate to the soldier’s death) and both the employer and the employee agreed to this.

What restrictions apply to an employer that is a manpower contractor or to an actual employer of a contract employee who is a bereaved employee?

Even a temporary suspension of the employment of a contract employee (who is a bereaved employee) will be considered dismissal. The actual employer (the contractor’s client) of a contract bereaved employee is prohibited from causing the manpower contractor to dismiss the bereaved employee. If a contract employee is dismissed, the presumption is that the actual employer caused the dismissal, unless proven otherwise.

Employers that are manpower contractors are subject to the same statutory restrictions and must obtain a permit from the Employment Committee in order to dismiss a bereaved employee, to reduce his/her appointment percentage, to dock his/her wages or to send him/her home on unpaid leave.

What are bereaved employees’ rights if they resign?

If a bereaved employee resigns within twelve months after the soldier’s death, the resignation will be deemed dismissal, entitling the bereaved employee to severance pay.

What sanctions apply to employers that violate the law?

Employers who violate provisions of this law expose themselves to criminal liability and to financial sanctions pursuant to the Law for Increased Enforcement of Labor Laws.

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Adv. Tahel Weill Seker is an associate in our firm’s labor law department.