Paternity leave in Israel

Yes, a man can receive paternity leave in Israel! In some cases, this is much more profitable for the couple. By default, the woman who gives birth is entitled to maternity leave. But we'll see in this article that the spouse may also be entitled, under certain conditions which will be detailed below. We will also see that the spouse of a mother going on maternity leave may be entitled to paternity pay. We would point out, however, that this spouse's allowance is only granted when the paternity leave is intended to care for the baby.

What are the conditions for taking paternity leave in Israel?

• The condition is that the spouse must replace the mother. She must therefore return to work before the end of her maternity leave.
• In the event of multiple births, the spouse is entitled to a further maternity leave of up to 15 days, including 7 consecutive days, for each additional child.
• If the child is in the father's custody because the mother is unable to look after them (medically-recognized disability or illness).

The rate of paternity leave pay in Israel to be paid to the spouse is determined on the basis of his gross salary during the 3 months preceding the birth.

NOTE:

Here are the cases where benefits will not be paid to the spouse : When the spouse takes advantage of paternity leave for a private trip abroad without taking the baby with him.

Rate of paternity in Israel

The rate of paternity allowance is based on the employee's gross salary, according to which Bitouah Leoumi contributions have been paid. The allowance is capped at up to an amount maximum of NIS 1,485 per dayfrom 2021.

How much paternity leave does an employee in Israel get?

For an employee, daily allowance of birth is calculated according to its salary (gross) in the 3 months preceding the 1st of the month in which he stopped working work on dividing by 90, according to full salary, or according to the 6 months preceding that day, divided by 180. According to the highest amount up to the fixed ceiling - see above. Payments made to the employee once a year, such as: convalescence allowance, clothing allowance, bonuses, etc. These payments will be divided into 12 months (or the number of months the employee has been employed) and added pro rata to the monthly salary used to calculate the paternity allowance. If, during the period of calculation of the paternity leave allowance in Israel, there is a temporary reduction salary of the employee for reasons beyond its control (e.g. strike, illness, accident, family leave or unpaid leave), the paternity allowance will be calculated on the basis of the employee's usual salary. If, during the period for which the paternity allowance is calculated, the employee has received an additional payment (payment of salary in addition to the normal salary, including a bonus or an employer's profit-sharing bonus): An additional payment at a rate of less than NIS 1,325 (25% of the minimum wage) will be calculated in full as part of the monthly wage for the month in which it was paid. An additional payment of 1,325 NIS or more will be spread for calculation purposes over the 12 months in which the employee has worked (the month of payment and the 11 preceding months), or less, if there have been full months in which the employee has not worked.

An example to help you understand

An employee who started work at a new location on 15.01.2020 at a salary of NIS 10,000 (gross) per month, went on paternity leave on 29.11.2020. During the whole month of March 2020, the employee was on unpaid leave. At the August 2020 salary, he received a bonus of 3,500 NIS. The bonus exceeded 25% of the minimum wage, so for calculation purposes it is spread over the 7 months in which the employee worked before the bonus was paid (January, February, April, May, June, July and August). The salary increase calculated for each month was 500 NIS (3,500 divided by 7). In this case, the amount of the paternity leave allowance in Israel per day is determined on the basis of the average wage calculated in the 6 months preceding the 1st of the month in which the worker stopped working (May, June, July, August, September and October, while from May to August the wage is considered to be 10,500 NIS). This salary was higher than the average salary for the 3 months preceding the 1st of the month in which he stopped working (August, September and October).

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Self-employed (Ossek mourché / Ossek Patour)

For self-employed workers, the paternity allowance is calculated on the basis of the income used to calculate the insurance premium for the 3 months preceding the 1 month in which he stopped working, or in the 3 months of the corresponding period of the previous year, whichever is higher. In the first instancepaternity allowance will be paid in instalments. paid by the Ossek Mourché or Ossek Patour to the Bitouah leoumi. Upon receipt of annual tax assessmentThe paternity allowance will again be calculated on the basis of the current contribution or the previous year's contribution (whichever is higher). See also: How is maternity leave calculated for a self-employed woman in Israel?

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Both employees and self-employed Those who are both employed and self-employed will receive paternity leave allowance in Israel based on their two incomes as above (up to the maximum amount per day), provided they have accumulated separate eligibility periods from their work as an employee and their work as a self-employed person. For example: An employee who has worked as an employee in the years preceding paternity leave and who has accumulated the period required to be entitled to paternity allowance and who has also started working as a self-employed person 3 months before going on paternity leave. The paternity allowance will be calculated on the basis of the employee's salary as an employee only. In our example, the employee's income as a self-employed person will not be taken into account, as he has not paid insurance contributions as a self-employed person for the minimum period required to qualify.

Who is eligible?

An employee can claim paternity leave from his employer or a self-employed person, if he has paid out of his salary (as an employee) or who has paid out of his income (as a self-employed person). social security contributions for 10 of the 14 months or for 15 of the 22 months preceding paternity leave. In addition, the following conditions must be met for the employee, as applicable:

• To be eligible for paternity leave, the spouse must replace the woman who has given birth.
• The employee's spouse (in the case of married or publicly known spouses) has been on maternity leave for at least 6 weeks from the date of birth.
• The employee's spouse is entitled to a maternity allowance (for 8 or 15 weeks).
• The employee's spouse has confirmed in writing that he or she is waiving part of the maternity leave. due to him and returned to work during the period in question. during which he gave up the leave.
• Paternity leave for employees replacing their spouse lasts at least 7 consecutive days.

Exceptional cases

A) An employee whose spouse is unable to care for a child due to disability or illness:

The baby is in her care, as the mother is unable to care for him due to disability or illness. A doctor must have confirmed in writing that, due to disability or illness, the spouse is unable to care for the child. The period during which the spouse is not working lasts at least 7 days. The mother is entitled to maternity benefits for this period, and these have not been paid. The spouse's maternity leave and entitlement to maternity allowance will take effect on the day he or she starts caring for the child in his or her custody, and will last for the remainder of the maternity period not used by the mother.

B) A biological father who does not live with the mother

Even if he is living with another partner, the father will be entitled to paternity leave benefits under certain conditions. For details, he should contact the Bitouah Leoumi nearest to his place of residence. EXAMPLE: An employee who has given birth to twins is entitled to 29 weeks' maternity leave, including 18 weeks' maternity allowance. Maternity allowance for parallel maternity leave with the mother's partner. The spouse took one week's maternity leave, based on her entitlement to share one week's maternity leave together and in parallel with her spouse, and after her spouse had agreed in writing to forego maternity allowance for one week. As a result, the mother is entitled to 29 weeks maternity leave, of which only 17 benefit from maternity allowance. The spouse is entitled to maternity allowance for the week in which he or she was on maternity leave.

C) Maternity allowance for an additional two weeks maternity leave due to the birth of twins.

The husband has been back at work for a month and is now seeking to exercise his right to the two weeks' paternity leave he was granted on account of the birth of more than one child. As a result, the mother's maternity leave (including the period of entitlement to maternity allowance) will be shortened by two weeks and she will be entitled to 27 weeks maternity leave, 15 of which are paid. The spouse will be entitled to an additional paternity allowance during these two weeks.

D) Maternity allowance for maternity leave in place of spouse

If the spouse wishes to take further maternity leave, he/she may only do so in place of the mother and only at least 6 weeks after birth. In such a case, the mother's maternity leave ends and she must return to work. The spouse will benefit from the balance of the paternity leave and will receive the maternity allowance according to the eligibility conditions detailed above.

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How do I apply for paternity leave in Israel?

A claim may be filed within 12 months of the employee's first day of eligibility, on a claim form for the payment of maternity allowance to the father who replaces the spouse. An employee will ask the employer to fill in the necessary details on the claim form. A self-employed person (Ossek mourche or Ossek Patour) will fill out the claim form with the date of termination, at the Bitouah Leoumi. The claim form must be accompanied by a confirmation  that he has returned to work. The claim must be filed with the branch of the Bitouah Leoumi close to home. You can apply online by clicking here. The paternity allowance will be transferred to the employee's spouse's bank account or to the bank account shared by both spouses.

Travelling out of the country

The spouse's trip abroad when the baby does not join him or her for the trip ends the spouse's period of parenthood, which entitles him or her to paternity allowance (for the mother - traveling abroad during maternity leave, even without a baby, does not affect her entitlement to maternity allowance). If the spouse has gone abroad without the baby before completing 7 consecutive days of paternity leave, he or she will be denied the right to paternity allowance also for the days prior to leaving the country. So only if the father has travelled abroad with the baby is he entitled to continue receiving paternity allowance.  Important information: Self-employed workers, as well as salaried employees whose employers have a special arrangement with the Bitouah leoumi, receive payment of the maternity allowance automatically, without having to file a claim with Social Security. Therefore, if the couple knows in advance he intends to share the maternity leave, it is preferable for him to apply for paternity allowance for the father before or immediately after the birth, to avoid overpayment of maternity allowance and the formation of debts. An employee who has received maternity allowance may have right to an extension of the maternity leave and an additional payment following a multiple fetal birth or hospitalization of the baby. Maternity benefits are deducted from social security contributions, health insurance contributions and income tax at the rate prescribed by law. The Bitouah Leoumi may credit the paternity allowance due to the employee against a debt he has accumulated as a self-employed person on his insurance premium account. Please note: If, during paternity leave, the father has worked outside the home, the Bitouah Leoumi may deprive him of the right to paternity allowance, in whole or in part.