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Client memorandum - Suspension of automatic sick leave certificate invalidation

13.12.20 | 10:04  

Attached for your perusal is a memorandum on the subject of "Suspension regarding invalidation of the Ministry of Health's automatic sick leave certificate". This means that until October 28, 2020, any worker who is forced to stay in isolation and present the automatic sick leave certificate to his employer shall be classified as an employee absent from work due to illness and shall be entitled to sick pay according to his accumulated sick days' quota. You are welcome to contact our firm should you have any question or require any clarification regarding the contents of this circular.

Within the framework of its ruling given in July in Case No. 1633/20 "Sal" Long Term Care Services v. State of Israel, the Supreme Court sitting as the High Court of Justice invalidated the automatic sick leave certificate given to an employee staying in isolation under the Public Health - Novel Coronavirus 2019 Home Isolation (Temporary Provisions) Order, 5780-2020 (hereinafter: "the automatic sick leave certificate") with effect from 30.9.2020.

In the wake of significant disagreements and a failure to reach an accord regarding an alternative payment arrangement for the period of absence of those employees who are required to take isolation leave, invalidation of the automatic sick leave certificate has been suspended until 28.10.2020. Therefore, until 28.10.2020 any employee who is obliged to be in isolation due to exposure to the coronavirus shall continue to present his employer with the automatic sick leave certificate and sign the declaration attached to it regarding his absence. Such an employee shall be classified as absent from work due to illness and be entitled to sick pay in accordance with his accumulated sick days quota.

We shall keep you updated of any development in this matter.