These periods are sufficient to exhaust Amos' entitlement to annual leave. For example, in the 2020/2021 season, the season ended on May 20, 2021[30], i.e., an annual vacation of 11 calendar days was used, and as part of the national team breaks that occurred during the season , at least 7 days of vacation were used[31]. In other words, as part of this season, at least 18 vacation days (in calendar terms) were used, 5 days beyond his entitlement for that year.
It should be noted that Maccabi Netanya claimed that the days of closures due to the Corona pandemic and the breaks that were held for the purpose of spraying the fields during the season should be taken into[32] account. As part of his interrogation, Amos denied that he was absent from training due to the arm of the courts and the coronavirus pandemic[33]. In any case, we have determined that according to what has been said, he used all of his vacation days, we are not required to rule on these arguments.
- In light of the aforesaid, Maccabi Netanya's appeal in relation to this component is accepted and its obligation to pay Amos annual vacation redemption is canceled.
- 2.II. The Zubas Matter
- In Zubas' case, too, the main allegations related to days of absence due to the national team break and the summer break. Bnei Yehuda attached to its summaries the table of games from the years relevant to the lawsuit[34]. Based on this table, it showed the national team break dates and summer breaks. Zubas did not claim that these figures were incorrect, but rather that they should not be taken into account as days on which he used his vacation days.
As can be seen, the breaks of the national teams alone lead to the result that Zubas used his vacation days beyond his eligibility days[35]: the 2016/2017 season - 39 days; the 2017/2018 season - 36 days; the 2018/2019 season - 36 days. Therefore, we accept Bnei Yehuda's argument that Zubas took advantage of all the vacation days to which he was entitled. We note that we have not lost sight of the provision of section 12 of the Annual Leave Law, according to which "an employee shall not work with pay during his vacation days, and if he worked regular paid work, he lost his right to vacation pay; and if they have already been paid, the employer may deduct them from the wages paid to the employee, or collect them in any way in which a civil debt is collected." Zubas did not prove that during the national team break he worked for wages (from the Lithuanian national team). In any case, if he "worked" and received wages, then payments that Bnei Yehuda paid him for these days and that could have been credited on account of the vacation days can be offset against the redemption of the vacation.