Last night (Sunday), the Home Front Command instructed the closure of the education system and the reduction of activity in workplaces, while limiting gatherings to up to 200 people in open areas and up to 500 people indoors, subject to access to standard protected spaces.
Which workplaces continue to operate?
According to the Home Front Command’s instructions, activities may take place in a building or location from which a standard protected space can be reached within the required protection time. In addition, gatherings of more than 200 people in open areas and more than 500 people indoors are prohibited. Workplaces that comply with these instructions may continue operating.
What are the rights of parents of young children?
The law grants protection from dismissal to parents of children up to the age of 14, or children with special needs up to the age of 21, who were forced to be absent from work due to the closure of an educational institution under Home Front Command instructions. However, if the educational institution was not closed, this protection does not apply to the employee. The protection is also conditional on the parent being a single parent, or the child being in their exclusive custody, or the other partner being unable to care for the child. In addition, the protection is conditional on there being no adequate childcare arrangement available at the workplace.
However, in the past, entitlement to wage compensation was not recognized for parents of children aged 15 and above who were absent from work due to the closure of educational institutions.
Home Front Command guidelines restrict schooling so that it takes place only near a protected space in the following localities: Kiryat Shmona, Shlomi, Avivim, Even Menachem, Adamit, Elon, Ghajar, Bar’am, Beit Hillel, Betzet, Gornot HaGalil, Goren, Dovev, Dan, Dafna, Dishon, HaGoshrim, Hanita, Zar’it, Ya’ara, Yir’on, Yiftah, Kfar Giladi, Kfar Yuval, Liman, Margaliot, Mattat, Metula, Ma’ayan Baruch, Manara, Malkia, Misgav Am, Metzuba, Netu’a, Rosh HaNikra, Ramot Naftali, Sasa, She’ar Yashuv, Shomera, Shatula, Tziv’on, Arab al-Aramshe, and Snir.
Are employees required to come to work if there is no protected shelter?
If the protection at the workplace does not meet Home Front Command requirements, there is no obligation to come to work, and an employee who acts in accordance with the instructions cannot be dismissed.
What about employees with disabilities or those caring for dependent parents?
If the workplace is protected, but due to the employee’s disability they are unable to reach the protected space, their dismissal is prohibited. Such dismissal may also be considered unlawful discrimination. In the case of caring for a dependent parent, there is currently no specific protection under emergency legislation. However, it may be possible to exercise rights under sick leave law due to a parent’s illness.
Is it possible to work from home?
The employer may approve remote work, either on their own initiative or at the employee’s request. However, in workplaces that comply with Home Front Command requirements, the employer is not obligated to allow work from home. In cases where the employee cannot work remotely, for example, due to childcare needs following the closure of educational frameworks, they must inform the employer and try to arrange the terms of work with them. The law does not allow an employer to force remote work on an employee who is entitled to protected absence.
If a workplace is closed under Home Front Command instructions, can employees be dismissed?
No. When a workplace cannot operate in accordance with Home Front Command instructions, there is protection against dismissal for employees who are absent due to this. This protection also applies, in certain cases, to the non-renewal of fixed-term contracts. However, protection from dismissal does not necessarily include an automatic entitlement to salary.
Is salary paid to employees who are absent from work?
As of now, no comprehensive mechanism has been established for paying wages to employees who are absent from work due to Home Front Command instructions or due to childcare following the closure of educational institutions. In previous periods of conflict, compensation arrangements were determined retroactively through collective agreements, extension orders, and property tax regulations, and in some cases employees received wages as if they had worked in practice. The decision on this issue is usually made only after the end of the fighting period.
What happens if an employer closes the business on their own initiative?
When a workplace is able to operate in accordance with Home Front Command instructions, but the employer chooses to close it voluntarily, they must arrange the terms of the employee’s absence. This may include placing workers on annual leave, unpaid leave (only with the employee’s consent), remote work, or flexible or partial work arrangements by agreement. The law states that an employee cannot be placed in a negative vacation balance without their consent.
