For questions or clarifications about your leave days during Hannukkah, don't hesitate to contact HaNoar HaOved v'HaLomed youth movement's division for worker's rights.
Hanukkah started on Sunday last week. This is one of three holidays in the Hebrew calendar where children have time off school, while for the parents, the holidays are considered normal working days.
However, many employees wish to take this time off work to either be with their children, or for religious reasons.
Do I get paid holiday leave during Hanukkah?
No. According to Article 18A of the Government and Judicial Procedures Ordinance, Hanukkah is not considered a ‘holiday’ in which employees are entitled to paid holiday leave. Same as Purim, Rosh Hashanah, the 33rd day of the Omer, and fasting days such as the 9th of Av and the 17th of Tammuz.
Do I deserve holiday pay for working during the holidays?
No. Despite being a Jewish holiday, Hannukh is not included in the list of holidays, as aforementioned, and therefore you do not receive holiday pay (150% of normal pay) during it. An employee will receive the normal salary during all the days of the holiday.
However, in various collective agreements it is determined that employees will be entitled to an extra day’s paid absence from their work, without deducting it from their available vacation days.
If I have asked for leave on the eve of Hanukkah, must the employer allow me to take it?
No. An employee may ask their employer to take leave on the eve of Hanukkah, but the employer is not obligated to grant it. However, they must consider the employee’s request and if the employer refuses it must be on reasonable grounds.
According to Section 6(b) of the Annual Leave Law, an employee may take one day out of the days of annual leave to which they are entitled for Hanukkah, as long as they have notified their employer at least 30 days in advance.
What if I have a day off to choose from?
An employee who did not take a day of optional vacation during the year, may demand from the employer to take a one-day vacation without the employer being able to refuse this request if it were to fall during a holiday eve.
If an employee wants to go on vacation, they can use annual vacation days at the expense of their accrual with the consent of the employer and at the expense of vacation days that they will accumulate in the future.
My employer decided that I would go on vacation on the eve of Hanukkah. Is that legal?
Yes. An employer can determine when their employees will go on vacation with advance notice. They may determine that their employees will go on a concentrated annual vacation at their own expense, and close the workplace during all or part of the holiday days. If the number of vacation days exceeds seven days (including weekly rest days), the employer must notify the vacation at least two weeks in advance. In this case, it is necessary to make sure that the employee has enough annual leave days accrued and eligible to be used.
This article was translated from Hebrew by Nancye Kochen.
