Pregnant foreign worker, the laws

Last updated
2/6/2014

Pregnant foreign worker, the laws

One of the most difficult jobs is the care of the elderly. We as employers often tend to forget to take into account all those involved, that is the caregiver herself. If you are here, you probably are after the discovery that the caregiver taking care of your elderly is currently pregnant. If you put aside your emotions, if any exists, it is important to address the issue at all levels, in order to find an alternative solution and give the employee all rights according to law. All you ever wanted to know about the pregnant foreign worker rights, in the article below.

Constitutional infrastructure

In general, the Israeli labor laws apply to caretakers without exception, some say that there is a more rigorous approach for protecting the rights of a pregnant foreign worker. Therefore foreign caregiver is entitled to 40 hours during each pregnancy for routine checks at her gynecologist. Expenses for those checks are paid by her medical insurance that her employer must arrange for her from the beginning of the work and of course by law. Like all workers in Israel and assuming that the course of normal pregnancy and no medical restriction or another, even the foreign worker can work for the employer until the date of actual or estimated birth. However, if the employee wants to go on a pre labor vacation, there a time limit: If the employee has worked more than 10 months for the employer, she can go on vacation 49 days before delivery. If the employee worked from six months to 10 months for the employer, she can go on vacation 24 days before birth, in order to be able to receive the grant hospitalization and birth grant from the National Insurance Institute. All this of course if the family paid her national insurance throughout the period of employment, as required by law. During maternity leave the employee will get from the Interior Ministry B2 visa, ie a tourist visa that is valid for 90 days after birth.

After maternity leave

The new mother and the family of the employer have two possible choices: one, release the employee of her position and the second is to continue to employ her as a caregiver. In the first case, since there is no option to dismiss a pregnant foreign worker, and any worker with a history of over six months in the workplace, it is important to find a replacement before the maternity leave so that she can overlap with the new repacement caregiver. If you want to continue to employ the worker after birth and if she wants that too, she has to leave with her baby out of Israel and then come back before the validity of the tourist visa expires. Another option available to the worker is to send the child with a friend or family member abroad and just go straight to work.

Period changes

Assuming this is a caregiver that you like you need to realize that she too has feelings and life of her own. So instead of looking for blame and concentrate on the discomfort that pregnancy makes you and especially your elderly parents, focus the energies on finding an alternative solution, while preserving the rights of the foreign caregiver, in order not to be exposed to legal claims and especially to end the relationship in the best way as possible. Good Luck!

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