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Can an Israeli employer require a doctor's note as a condition for paying sick leave?

Yes, but only from the second day of absence onward. Under Section 4 of the Sick Pay Law 5736-1976 (Chok Dmei Mahalah), an employer may condition sick pay on the employee producing a medical certificate (teudat holeh) from a licensed physician. No certificate is required for the first calendar day of any sick episode, which is also unpaid under the statute. From the second day, presenting a valid certificate is the employee's obligation. An employee who does not provide a certificate for days after the first can have those days treated as unpaid absence. Foreign workers hold the same sick pay entitlements as Israeli employees.

The Sick Pay Law 5736-1976 sets a graduated pay structure that many employees find counterintuitive. The first day of any sick episode is entirely unpaid — no certificate is demanded because no pay accrues. From the second day, the employee is entitled to 50% of their regular daily wage, provided they supply a medical certificate from a doctor licensed in Israel or, under established practice, from a licensed physician abroad whose certification is recognised by the employer. Full pay (100%) applies from the third sick day onward through the duration of the episode, again contingent on a certificate covering each absent day. Section 6 of the law governs accumulation: employees accrue 1.5 days of sick leave per calendar month of employment, with a maximum bank of 90 days. An employer's collective agreement or individual contract may offer more generous terms but cannot lawfully provide less.

Foreign nationals working in Israel on any type of work permit are entitled to the same sick pay rights as Israeli citizens. An employer who refuses to pay statutory sick pay — or who demands a certificate for the first day — is in breach of mandatory labor law and the employee may file a complaint with the Ministry of Economy and Industry's Employment and Wages Division. Collective agreements in some sectors, such as construction and hospitality, supplement the statutory baseline with sick fund contributions. Employees should check whether their employment contract or applicable collective agreement provides for a sick fund (keren holim tashlumin) in addition to the statutory minimum. For a broader overview of employee rights, see the guide to employment law in Israel for foreign nationals and expats.

⚖ In Practice
  • Governing law: Sections 4 and 6, Sick Pay Law 5736-1976 (Chok Dmei Mahalah)
  • Competent authority: Employment and Wages Division, Ministry of Economy and Industry (Agaf Avodat VeShchakim, Misrad HaKalkalah VeHaTa'asiya)
  • Pay rates: Day 1 — 0% (unpaid, no certificate required); Day 2 — 50% of daily wage (certificate required); Day 3 onward — 100% of daily wage (certificate required)
  • Accrual: 1.5 sick days per calendar month of employment; maximum bank of 90 days
  • Foreign workers: entitled to identical sick pay rights; employer cannot lawfully impose stricter conditions based on residency or permit status

From the full guide: Employment Law in Israel for Foreign Nationals and Expats: A Practical Guide

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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