Question 1

Can my employer fire me while I am on sick leave in Israel?

Accepted Answer

Generally, no. Israeli law prohibits dismissing an employee during a period of illness, provided the employee has accumulated sufficient sick-day entitlement. Under the Sick Pay Law and the Employment (Equal Opportunities) Law, an employer who dismisses a sick employee without a valid exception exposes itself to significant compensation claims. There are narrow exceptions — such as proven gross misconduct or a genuine, employer-wide redundancy — but the burden of proof rests firmly on the employer.

Question 2

How many sick days are protected from dismissal?

Accepted Answer

Under Israeli law, an employee is entitled to up to 18 sick days per year, cumulative over the years of employment up to a maximum of 90 days. The protection against dismissal applies as long as the employee has an unused sick-day balance. Once that balance is exhausted, the bar against dismissal is lifted — though the employer still owes full notice and severance. It is therefore important to calculate your exact remaining balance before assessing your rights.

Question 3

What if I am hospitalised — is the protection stronger?

Accepted Answer

Yes. Hospitalisation is treated as the clearest form of incapacitation under the law, and courts look very unfavourably on dismissal during an active hospitalisation. Even after discharge, if the employee is still medically certified as unfit for work and has remaining sick-day entitlement, the protection continues. A medical certificate from the treating physician or hospital is essential evidence.

Question 4

Is a verbal dismissal valid while I am sick?

Accepted Answer

In Israel, dismissal must always follow a formal prior-hearing procedure (shmiaat tviot) regardless of health status. A dismissal without a hearing is procedurally defective and can be challenged even if the employer had substantive grounds. If the employer attempted dismissal verbally during your illness, without a written notice and without a hearing, this strengthens your claim considerably. Document all communications — texts, emails, and notes of telephone calls — from the moment you suspect dismissal is imminent.

Question 5

Can I be made redundant while I am sick?

Accepted Answer

Redundancy is one of the limited exceptions that may permit dismissal during illness — but only if it is a genuine, company-wide redundancy that would have occurred regardless of your illness. If your position is singled out while colleagues in comparable roles keep their jobs, a court may treat it as a pretext. Courts scrutinise redundancy dismissals during illness carefully and will examine whether the timing is coincidental or retaliatory.

Question 6

What compensation do I get if I was wrongfully fired while ill?

Accepted Answer

If a court finds that dismissal during illness was unlawful, you may be entitled to: (1) severance pay (calculated at one month per year of service), (2) notice pay (one month per year of service up to the legal cap), (3) sick pay for the protected period in which you were improperly dismissed, (4) compensation for unlawful dismissal under the Equal Opportunities Law — up to 24 monthly salaries even without proving actual damage, and (5) additional damages if the dismissal was discriminatory. The total award can be substantial.

Question 7

Does the protection against dismissal apply to mental illness?

Accepted Answer

Yes. Israeli law does not distinguish between physical and mental illness. An employee suffering from a recognised mental-health condition — depression, anxiety disorder, or any other diagnosis certified by a physician — is entitled to the same sick-day rights and the same protection against dismissal as an employee with a physical illness. Dismissal motivated by a mental-health condition may also constitute prohibited discrimination on grounds of disability under the Equal Rights for Persons with Disabilities Law, opening an additional avenue for compensation.

Fired While Sick in Israel —
Your Rights

When Dismissal During Illness is Prohibited

What You Can Claim If Wrongfully Dismissed While Ill

Frequently Asked Questions — Dismissal During Illness in Israel

Were You Dismissed While Sick?

Fired While Sick in Israel —Your Rights

When Dismissal During Illness is Prohibited

What You Can Claim If Wrongfully Dismissed While Ill

Frequently Asked Questions — Dismissal During Illness in Israel

Were You Dismissed While Sick?

Fired While Sick in Israel —
Your Rights