If a new bill in the Knesset is passed, family members of fallen soldiers may receive employment protections making it illegal for them to be fired in the months following their loved one’s death. The bill, brought by MK Debbie Biton of Yesh Atid, was discussed last week at the Knesset Labor and Welfare Committee.
The bill seeks to provide protection from termination for bereaved family members within the first year of mourning. It differentiates between a primary period with complete protection (except under special circumstances approved by the Employment Committee) and an additional period lasting up to a year from the date of death, with protections to be clarified in further legislative stages. The proposed protections apply only to employees who have been employed at their workplace for at least six months prior to the loss.
“The bill arose due to the harsh reality imposed on us since October 7, which continues even now, with frequent reports of further tragedies,” Biton said. “The first year of bereavement is incredibly challenging. Grief often leads to emotional collapse, and as a country, we must provide protection to those family members of soldiers and victims of terror.”
Ruti Preminger from the Organization for Victims of Hostile Actions, a nonprofit group supporting victims of terror and their families, said that the group strongly supports the bill, noting that it would ensure increased stability after a loss. “People are deeply concerned—even during the week of mourning—about what will happen the day after and how they will cope with life and the devastating blow they have received,” she said.
Tom Ofer of the Ministry of Defense told the committee that the ministry is aware of dozens of cases of bereaved family members being dismissed over the past year, possibly even more given the lack of government recognition for siblings and adult children of fallen soldiers. Ofer said that the bill should apply to all family members, including fiancés.
Ofer expressed uncertainty regarding the plan to split the year of mourning into a period of prohibited termination and hiring barriers for termination. “Employment during the first year of mourning is highly significant for recovery and we are unsure whether segmenting the periods is ideal; perhaps the prohibition should apply to the entire period, with recourse to the Employment Committee in necessary cases, such as a business closure or if the employee cannot be retained,” he said. “Furthermore, we’re unsure that the condition of six months of prior employment is appropriate. For cases where the bereaved wants to take leave or leave the job, we might consider alternatives other than the Employment Committee, such as recognizing resignation as dismissal or limiting leave without pay.”
Neta Barak from the Ministry of Justice’s Legal Aid Department noted that bereaved parents and minor children are entitled to legal assistance for all civil matters related to the loss, including issues with employers. "Unfortunately, we have seen recent examples of bereaved family members facing significant difficulties at work, from immediate performance reviews post-incident to termination during the early months of their first year of mourning, even among those employed long-term before the incident,” she said.
She said that the Ministry of Justice strongly supports the plan. “It is crucial to extend this amendment to include adult siblings and children, who may not be eligible for other protections and supportlike financial stipends, to help sustain bereaved families during the mourning period,” Barak said.
Eli Dabi, the brother of a fallen soldier, said that families take more than a year to heal, and that further legal protection may be needed. “A full year of protection is needed, with additional safeguards extending for five years—not necessarily full protection from dismissal but certain protections to address the unique needs and challenges bereaved families face during those years,” he said.
Representing the Manufacturers Association of Israel, Michal Waxman-Hilli noted the importance of the law but called for its protections to be limited. “Full prevention of dismissals should be limited in time as much as possible, as employers face various situations, and there is also the job market to consider,” she said. “There are cases where an employee commits severe misconduct and currently, as written in the initial period, there is no discretion or way to end employment.”
This article was translated from Hebrew by Ronen Cohen.
