Question 1

How many paternity leave days is a father entitled to in Israel?

Accepted Answer

A new father is entitled to 7 days of paternity leave (chufsha leidah la'av) immediately after the birth. The employer must pay the first 5 days at 100% of salary; the remaining 2 days are unpaid unless the employment contract or collective agreement provides otherwise.

Question 2

Can a father take part of the mother's maternity leave?

Accepted Answer

Yes. From the 7th week of the mother's maternity leave onward, the father can substitute for the mother — provided the mother returns to work during this period. The father then receives NII maternity benefit calculated at his own salary. This can be a valuable arrangement for families where the father earns more.

Question 3

What NII benefit applies when the father takes over maternity leave?

Accepted Answer

When the father takes over the maternal leave period, the NII pays the maternity benefit at the father's wage rate (calculated on his average salary over the 3 months before leave). This is a separate calculation from the mother's benefit — the family receives both the mother's and the father's respective benefits.

Question 4

Can an employer dismiss a father who takes paternity leave?

Accepted Answer

An employer cannot dismiss a father during his paternity leave — whether he is on the initial 7-day leave or on the substituted maternity leave. Protection from dismissal during and after parental leave applies to both parents, though the protections are stronger for mothers.

Question 5

Does the 7-day paternity leave apply to all types of employees?

Accepted Answer

The 7-day entitlement applies to salaried employees. Self-employed fathers, freelancers, and partners in a business may have different entitlements through the NII maternity benefit system. Adv. Elmaliach advises on the applicable entitlements for different employment structures.

Question 6

What happens if the employer does not pay the paternity leave days?

Accepted Answer

Failure to pay the 5 employer-funded paternity leave days is a wage violation. The employee can claim the unpaid amount through the Labor Tribunal, plus withholding penalties. For the NII-funded portion, a claim can be filed directly with the NII.

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