Prohibition of worsening conditions and firing a pregnant employee

איסור הרעת תנאים ופיטורי עובדת בהריון

You found out at a good time that you were pregnant. You told the happy father, of course, your parents, and your girlfriends.
With pregnancy comes morning sickness and the various tests, which force you to be late and absent from work.
It's clear to you that at some point you'll need to tell your employer, but you're not sure when to tell and you're afraid of his reaction.

What is the right timing and what are your rights as a pregnant employee under the law?

When should you notify your employer that you are pregnant?
Section 10A of the Women's Labor Law states: "A worker who is in the fifth month of pregnancy shall notify her employer of this"… meaning, you can tell your employer anytime you want, even before you reach the fifth month, but you are not required to.

How do you tell your partner about your pregnancy?
You can announce it verbally in a conversation. It is recommended to record the conversation for proof purposes, if this is required later.
Of course, you can also announce it in writing.

If the employer requests a medical certificate attesting to the pregnancy, you must present such a certificate. It is sufficient to bring a certificate from a family doctor.

Did you tell your employer or did he find out about your pregnancy in some other way? What are your rights?

Prohibition of overtime employment
Starting from the fifth month of pregnancy, it is prohibited to employ you overtime or on weekly rest days, unless you have agreed to this in writing and the attending physician has confirmed that there is no impediment to employing you overtime.

Prohibition of worsening conditions.
Some employers, fearing that they will fire a pregnant employee, worsen her working conditions, meaning they change her employment conditions in a tangible way for the worse without obtaining her consent: reducing the scope of the position, transferring her to another position, harassing the employer, and more, all in order to get the employee to resign of her own accord, so that she will no longer work for him and he will not violate the prohibition against firing her.

Like any other employee, a pregnant employee whose employer is bad at her working conditions may resign under the law of being dismissed.
In addition, a claim can be filed with the Labor Court and a complaint can be filed with the Commissioner for Women's Employment at the Ministry of Economy.

Of course, if the employee is the one who requested a reduction in the scope of her job or a transfer to another position, this would not constitute a deterioration in conditions.

Prohibition of Dismissals
The Women's Employment Law provides pregnant employees with protection against dismissal. The protection is not absolute. That is, an employer who wants to dismiss a pregnant employee can submit a reasoned request to the Commissioner for the Women's Employment Law, in which he must detail why he should be permitted to dismiss the employee despite her pregnancy.
Such permission will be granted if the Commissioner is convinced that there is no connection between the dismissal and the pregnancy.

It is important to note that protection against dismissal depends on the employee's seniority. If the employee's seniority is less than 6 months, the employer may dismiss the employee without obtaining permission, provided that the dismissal is not related to pregnancy.
If the employee has more than 6 months of seniority, the protection against dismissal is absolute and she cannot be dismissed without obtaining permission until 60 days after maternity leave.

In fixed-term employment, do you also need a permit to terminate?
In the event that the contract is for a period of one year or more, or if it is a contract for a period of less than one year that extended or renewed a previous employment, it is necessary to obtain a permit in order to terminate the contract and in effect fire the pregnant employee.

An employer who dismisses an employee after 6 months of employment
. Dismissals near 6 months of employment, which are made at this time only to circumvent obtaining a permit, are tainted with discrimination and may establish a cause of action.

In conclusion, as a general rule, the law completely prohibits changing working conditions and firing a pregnant employee. However, there are exceptions that allow the employer, in certain circumstances, to obtain permission to both change working conditions and fire the employee, provided that the firing did not result from or in connection with the pregnancy itself, but from appropriate and relevant considerations.

If your rights at work were violated during pregnancy, before contacting your employer, it is recommended that you seek individual professional advice to fully exercise your rights.

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