Workplace Rights for LGBTQ Couples

As Pride Month begins, we wanted to remind couples in Israel’s LGBTQ community about their key labor law rights.

Maternity and parental leave

Female employees are entitled to maternity leave. Additionally, the law provides maternity and parental leave as of the date they receive the child to parents who have a child through surrogacy or who adopt a child.

In the case of a lesbian couple, when one of the women is the child’s biological mother, she is will receive maternity leave. In the case of a gay couple who have a child through surrogacy, the child’s biological father will receive maternity leave.

Spousal absence from work immediately after childbirth

Spouses may be absent from work for five days immediately after the birth and they do not have to obtain their employers’ consent to be absent. These five days include three days of the spouse’s accumulated vacation time and two days of the spouse’s sick days. In respect of each sick day, the law provides for 50% pay, unless the employer offers better employment terms that include full pay as of the first sick day. It is important to note these are calendar days, and as such weekends fall under the five-day count. If these days fall on a weekend and the spouse’s regular workdays do not include weekends, sick days will not be deducted in respect of those days.

Paid maternity leave for the spouse of the mother or biological parent

Spouses may share the paid maternity leave with the mother or biological parent. Spouses are entitled to replace the mother/parent during the maternity leave and receive a maternity allowance. The mother or parent may return to work at any time as of six weeks after the delivery date, while the spouse takes the remaining leave.

Spouses may also take paid maternity leave together with the mother/parent for seven days. In this instance, the mother/parent must waive the last week of the maternity allowance. (Payment for the maternity allowance is according to the spouse’s wage, provided the spouse meets the National Insurance Institute’s qualification periods.)

Absence from work due to a spouse’s illness

Employees may be absent from work due to a spouse’s illness for up to six days per annum, at the expense of sick days. In the case of a serious illness, it might be possible for a spouse to be absent from work for up to 60 days per annum. However, this must be an illness that causes the spouse to be completely dependent upon others on a daily basis.

These are the key employment rights that also apply to LGBTQ couples. As always, we are at your service should you have any questions or require advice.