Legal Updates

One may not terminate without government approval an employee during fertility treatments even if the employee is not missing work days due to it

March 29, 2020

A gymnastics coach at a sports club commenced fertility treatments and after five months the club sought to terminate her employment even though the treatments continued.
The Labor Court held, that an employee is deemed "protected" and her employment may not be terminated without a permit during the 150 days as of the commencement of the treatments or during the treatment period, the later of which. Israeli law prohibits an employer from harming the terms of employment of an employee who is deemed "protected" for reasons related to the protection and in any case termination may not take place without prior approval of the Ministry of Labor, Social Affairs and Social Services. An employee in fertility treatments is deemed “protected” during the treatments period or for 150 days as of the first day of the first treatment, the latter of which. The protection of employees is broad and therefore it is irrelevant that the employee is not absent from work for the purpose of receiving the treatments. Here, at the time of the request for authorization to terminate the employment the treatments were ongoing and therefore the employee may not be terminated.