Foreign workers in Israel are frequently surprised to learn that sick leave here operates differently from most European and North American systems. There is no state sickness benefit paid by a government agency for ordinary illness — the employer carries the cost directly. The rules on how many days you accrue, what percentage you receive, and what documents you need to submit are all set by a single statute, the Sick Pay Law 5736-1976, with additional protections layered on through sectoral extension orders and individual employment contracts.
Below is how sick leave accrues, what the pay rates mean in take-home terms, what medical documentation your employer can demand, the protection against dismissal during illness, when a work accident opens a different channel entirely, and what changes — or does not — for foreign nationals.
1. The Legal Framework: Sick Pay Law 5736-1976
The Sick Pay Law 5736-1976 (*Chok Dmei Mahalah*, חוק דמי מחלה) is the primary statute governing paid sick leave for employees. It applies to all employees in Israel who work for an employer, regardless of the employee's nationality, residency status, or the type of visa they hold. Independent contractors (*kafuim*) and self-employed workers (*osek patur/murshe*) are not covered. Sick pay is an employee-status right. If an Israeli court classifies someone as an independent contractor, the Sick Pay Law does not apply.
The law sets a minimum floor. An employer can always give more (through a written employment contract, a collective agreement, or a sectoral extension order, *tzav harchavah*) but cannot give less. Many employers in Israel's technology sector, for example, effectively pay sick leave from day one at 100% as a matter of employment contract practice. The statutory minimum is what applies when the contract is silent.
The Sick Pay Law defines a "sick day" as a calendar day (not a working day) during which the employee was unable to work due to illness or injury that is not work-related. For part-time employees, the calculation adjusts proportionally based on the scope of the part-time position relative to a full-time role.
2. How Sick Days Accumulate
Under Section 4 of the Sick Pay Law, an employee accrues 1.5 sick days for each complete month of employment. That works out to 18 sick days per year of full employment. Accrual begins from the first month of work. There is no statutory waiting period or probationary exclusion, though some collective agreements impose a short waiting period for the full benefit.
Unused sick days carry forward. The law permits accumulation up to a ceiling of 90 days. An employee who has worked for five years without taking any sick leave would have accumulated the maximum 90 days. An employee who uses some days resets that portion of the balance.
On termination, whether by dismissal or resignation, the Sick Pay Law does not require the employer to pay out accumulated sick days as cash unless the employment contract or an applicable extension order says so. However, several widely applicable extension orders do create a right to partial or full payout of unused sick days at retirement age or after long service. The precise rules depend on which extension order covers your sector.
3. Sick Pay Rates: The Three-Tier Structure
The Sick Pay Law creates a three-tier payment structure tied to how long the sick episode lasts:
Day 1 — No pay. The first calendar day of any sick leave episode is unpaid under the statute. The employee bears the full cost. This applies regardless of how many sick days have accumulated in the employee's balance. An employee who has 90 accumulated days and falls ill for one day receives nothing for that day from the employer under the statutory minimum.
Days 2 and 3 — 50% of the daily wage. If the sick episode extends to the second and third days, the employer pays half the employee's normal daily wage for each of those days.
Day 4 onward — 100% of the daily wage. From the fourth calendar day of a continuous sick episode, the employer pays the full daily wage. This continues for as long as the employee has accumulated sick days remaining in their balance. Once accumulated days are exhausted, no further sick pay is owed.
The daily wage is calculated by dividing the employee's monthly gross salary by 30 (for a full-time employee on a monthly salary). For hourly employees, it is the contractual daily rate. Overtime supplements, performance bonuses, and expense reimbursements are generally not included in the calculation base unless the employment contract says otherwise.
- Day 1 (Monday): NIS 0
- Days 2–3 (Tuesday, Wednesday): NIS 300 each = NIS 600
- Days 4–5 (Thursday, Friday): NIS 600 each = NIS 1,200
A number of sectoral extension orders improve on the statutory minimum. The extension order covering hotel and restaurant workers, for example, increases the day-two and day-three rate to 75% for employees with more than six months of seniority. The extension order for the building trades has its own schedule. If you work in a sector covered by a collective agreement or extension order, your entitlements may be better than the statutory floor, and the employer must apply whichever rules are more favorable.
4. Medical Certificates: What Your Employer Can Require
Section 2 of the Sick Pay Law conditions payment on the employee providing a medical certificate (*teudat mahalah*, תעודת מחלה) confirming that the absence was due to genuine illness. The certificate must come from a physician licensed to practice medicine in Israel or from the employee's Kupat Holim (health fund) clinic.
An employer can require a certificate for any absence, including a single day. In practice, most employers skip that demand for one-day absences. One-day absences are unpaid anyway, and chasing certificates for every minor illness creates administrative friction with no financial benefit. For absences of two days or more — where the employer begins to pay — a certificate is almost always required in practice.
The certificate must state the dates of medically certified incapacity. It does not need to state the diagnosis. Employees have a right to medical privacy, and a doctor's certificate confirming incapacity for specified dates is legally sufficient. Employers cannot require disclosure of the underlying medical condition as a condition of paying sick pay.
If an employee cannot attend a doctor in person — because they are too ill to leave home — a telephone consultation with their Kupat Holim doctor can generate a digital certificate in the Clalit, Maccabi, Meuhedet, or Leumit system. Many employees are unaware that this option exists. The digital certificate is legally equivalent to a paper one.
5. Protection from Dismissal While on Sick Leave
Section 6 of the Sick Pay Law prohibits an employer from dismissing an employee while the employee is on sick leave, provided the employee has accumulated sick days covering the period. The protection runs for the duration of the sick leave, up to the accumulated maximum of 90 days.
This prohibition is absolute as to timing. An employer may have entirely valid grounds for termination and still cannot deliver a dismissal while the employee is on certified sick leave. A notice of dismissal issued during sick leave is void. The employment relationship continues until the employee returns to work, at which point the dismissal notice must be reissued from the day of return.
The protection does not freeze the notice period clock indefinitely. Where a dismissal notice was validly issued before the sick leave began, Regional Labor Courts have held that the notice period is suspended for the duration of the sick leave, recommencing when the employee returns. Dismissal is not permanently blocked; it is delayed.
Employers sometimes attempt to circumvent the dismissal protection by characterizing a termination during sick leave as "resignation." Courts have consistently seen through these arrangements. A "mutual agreement to terminate" signed while an employee is ill and economically vulnerable will be scrutinized carefully for the voluntariness of the employee's consent. Regional Labor Courts have set aside such agreements where the employer initiated the separation and the employee signed under financial pressure.
6. Work Injury vs. Ordinary Sick Leave: Two Separate Systems
Not all illness or incapacity during employment is processed through the employer's sick pay system. When incapacity results from a work accident (*teuna be'avoda*) or an occupational disease (*machalat miktzo*), a separate channel applies: the National Insurance Institute's Work Injury Insurance (*bituach netunat nifga'ei avoda*).
Under the National Insurance Law 5754-1994, an employee who is injured at work or develops a recognized occupational disease is entitled to receive a daily disability payment from the NII directly — not from the employer. The NII pays 75% of the employee's insured daily wage (based on the average of the three months preceding the accident), with a ceiling of approximately NIS 1,100 per day in 2026, for the duration of medically certified work incapacity.
Two features distinguish this from ordinary sick leave. The NII work injury payment starts from day one, with no unpaid first day deducted. And it continues for up to 26 weeks, after which long-term disability benefits take over. That is a much longer window than the 90-day employer-paid ceiling under the Sick Pay Law.
To access work injury benefits, the employee must report the accident to the employer immediately, and the employer must submit a report to the NII within 10 days using Form 250. The employee then submits a Form 211 (Work Injury Claim) to the nearest NII branch, together with the treating doctor's Form 215. Foreign workers on B/1 permits are fully covered by NII work injury insurance, because employers of permit-holding foreign workers pay the standard NII employer contribution that includes work injury insurance.
7. Foreign Workers, Expats, and New Immigrants: What You Need to Know
The Sick Pay Law applies to all employees in Israel — there is no carve-out based on nationality, place of birth, or immigration status. A foreign national working on a B/1 work permit accrues sick days at the same 1.5 days per month rate, receives the same three-tier pay structure, and is entitled to the same dismissal protection under Section 6 as any Israeli employee.
On health fund access: B/1 permit holders whose employer has complied with the Foreign Workers Law are enrolled in a health insurance plan covering the Kupat Holim basic basket equivalent. Certificates from that private insurer carry the same legal weight as a Kupat Holim certificate. New immigrants (*Olim Hadashim*) receive the right to register with a Kupat Holim from the date of aliyah, with registration typically taking effect within one to two weeks.
Short-term assignees are a grayer area. A foreign national on a payroll abroad working in Israel for less than 183 days may not be covered by the Sick Pay Law if the employment contract is governed by foreign law. However, if the work runs under the direction and control of an Israeli entity, Israeli courts will generally apply Israeli mandatory employment law regardless of what the contract says. If you are on a secondment or short assignment, ask your employer whether Israeli sick pay applies. Do not assume it does not.
On medical certificates issued in Hebrew: employers cannot refuse to accept them on the grounds they do not read the language. A foreign worker who obtains a certificate from a doctor outside Israel while temporarily abroad should have it translated into Hebrew or English if the employer requests it, though the cost of translation falls on the employer, not the employee, when the obligation arises from their own requirement.
After 12 weeks of continuous sick leave, an employee still unable to work can apply to the NII for a general disability benefit (*givat nechut klali*) under Chapter 9 of the National Insurance Law. The NII assesses functional disability; workers with 40% or more disability receive the full monthly allowance (roughly NIS 4,500–5,600/month in 2026, depending on family status). Foreign nationals who have paid NII contributions for at least 12 months qualify on the same basis as Israeli residents. This benefit runs alongside any sick pay still owed by the employer and does not reduce it.
