termination during maternity leave

Q: what is the law regarding termination of an employee who is pregnant, on maternity leave ?

 

A: The women’s employment law is very specific and it is enforced. A woman who is pregnant cannot be terminated from her position by her employer for any reason related to her pregnancy. In order to fire her, the employer needs to submit a written request to the Minister of Labor, who can allow it. Only after receiving written permission can the employer fire the employee. A copy of this request must be given to the employee, who must sign that she received a copy of it.

This is not a procedure that is taken lightly and rarely does it get approved, unless the employer can prove that the termination has nothing whatsoever to do with the employee’s pregnancy.

In addition to the period prior to giving birth, the employer is not allowed to fire the employee while she is on maternity leave or for a period of 60 days after she returns from maternity leave.

There is also a clause which prohibits reducing her position or changing her job during this period.

Infringements on these rights can and should be reported to the Ministry of Labor’s hot-line 1800-354-354 and a women’s rights organization (such as Na’amat) should also be contacted.

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