Information for Pregnant Non-Israeli Caregivers
The iSavta Team | 12.11.2019
Caregivers quite get confused with the Israeli law on Pregnancy for Non-Israeli Caregivers as there were several published rules and regulations. Here in iSavta have several articles about this before:
Today, we will be giving you a complete guide about the law as published by Kav Laoved last March 24, 2018. If this is applicable to you, please read it carefully to answer all your questions:
Pregnancy and Birth - Information for Pregnant non-Israeli Caregivers
A. During Pregnancy
1. According to the Israeli law, if the worker worked for the same employer or at the same workplace for at least six months, then the employer can't fire the worker, unless the employer applied and received a special permit from the Ministry of Labor.
2. National Insurance (Bituach Leumi) VS Medical Insurance (Bituach Refui): National Insurance covers the labor and the hospitalization expenses for you and your baby. National Insurance also pays for your maternity leave (see below). If you get all your salary from the employer, then they should pay for you every month a certain amount for National Insurance (Bituach Leumi). If you get part of your salary from a Bituach agency, then the Bituach agency pays for you Bituach Leumi (as evident from the salary paper). In this case the employer should open for you a file in Bituach Leumi but often they don't have to pay for you to Bituach Leumi (depending on certain conditions). Medical Insurance is important in order to cover the medical expenses during the pregnancy. If for some reason your medical insurance is cut (e.g. your employer passes away during your pregnancy), then you should continue by yourself paying for the medical insurance.
3. If you can't continue your work during the pregnancy then you have the option of getting "sick leave" days with appropriate doctor's document (sick leave days accumulated – 1.5 days per month starting from the beginning of your job)
4. If you wish to leave for early maternity leave, without resignation, then you can do so up to 7 weeks before the expected labor date (due date), with appropriate letter.
5. If your visa expires during the pregnancy, and your employer does not (or cannot) renew the visa, then, if you are past the 7th month, you can go to the Ministry of Interior (Misrad Hapnim) and get B/2 visa. Valid visa in your passport, B/1 or B/2, is important in order to get maternity leave money from the National Insurance.
6. In certain circumstances (especially if you are in Israel less than 3.5 years), it may be possible for you to get longer re-entry visa, e.g. for 6 months. Note: you are not entitled for maternity if you give birth out of Israel.
B. After Birth 1. If you worked more than 6 months in Israel, then the National Insurance law grants you with:
· Hospitalization grant to fund the delivery in any hospital
· Maternity grant (for your first child the grant is bigger – 1757 NIS (VS 790 NIS for the 2nd child)).
· Maternity leave - a caregiver with a valid visa in the passport, is eligible for maternity allowance to compensate for the loss of salary for 15 weeks. Based on the current minimum wage – 5300 NIS – the amount should be in most cases and circumstances (e,g. if you worked 10 out of the last 14 months before the labor) around 18,000 NIS. Payment for premature baby, or for twins, is higher. Payment for the case of working less months is lower. Note: If you return to work during the maternity leave and get salary – then you are not eligible to receive the full maternity leave from Bituach Leumi.
2. After giving birth, in order to actualize the benefits, it is necessary to fill the hospitalization grant form, and the form for the maternity allowance claim, on which the employer must sign. In case of a Bituach agency, then 2 separate forms should be filled and signed - one by the Bituach agency and one by the employer. The release paper from the hospital must be attached.
3. The application can be sent within up to one year after the labor.
4. The bank account number must be filled in the National Insurance's forms. If you do not own a bank account then you should open one, e.g. in the Post-Office bank.
5. You have to submit the full, signed, application to the National Insurance branch closest to your residence. After the request is approved, the National Insurance will set the payment to the hospital, and will transfer you the payments directly to her bank account.
6. Note: Hospitalization for delivery is considered an emergency - the hospital MUST admit you and take care of you throughout the delivery. Also – the hospital MUST give you the birth certificate in any case.
7. It is recommended to sign for the baby's medical insurance in the hospital, as will be suggested to you in the hospital.
8. Registration of the baby's father's name is not required.
C. Taking/Sending the baby to your home country?
1. If you are in Israel less than 63 months, and your employer agrees that you continue working with him/her, with the baby, then you can leave the baby with you until the 63 months in Israel are over.
2. If you decided to send the baby home in order to continue working in Israel without the baby:
2.1. If you are in Israel less than 4 years when you gave birth, you may go with the baby (get B2 visa and re-entry visa), and then come back to continue the same job, or look for another job. If you want to stay longer with the baby in your home country – you may get re-entry visa for a longer period, up to one year, as long as you're coming back before 51 months (from the time you came to Israel) are over. Note that the time period in your home country is included by the Ministry of Interior as part of the 51 months (you "lose" months of stay in your country)
2.2. If you are in Israel more than 4 years, and your employer agrees for your re-entry trip with the baby, then you can get re-entry visa and go to your home country with your baby and leave the baby there.
2.3. In all other cases (more than 4 years in Israel + the employer does not agree to approve your home trip), you will not be able to go with the baby to your home country and come back to Israel. You may decide to send the baby to your home-country with a friend,
D. Eligibility for benefits in the case of termination of the job
1. A pregnant woman who resigns during the pregnancy is not eligible for full separation pay (pitsuim) – unless she has an appropriate document from the doctor.
2. If you don't resign, but continue to work until the labor, or until you go on early maternity leave (see above) – then the maternity leave period is considering as working period (for the purpose of calculations of separation pay, pension, and recuperation).
3. If you resign during the maternity leave (or even – up to 9 months after the birth) – giving a one-month resignation letter that says that your resignation is in order to be with your child, then you are eligible for full separation pay.
4. Note that if the baby was sent to your home country, and you don't want to go back to the same employer (so, your resignation is not in purpose of being with your child)– then you are not eligible for full separation pay.
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