Rights of Pregnant Women at Work
When it is permitted to dismiss a pregnant woman is an important issue that concerns not only employers, but also many women who are pregnant and wonder about their rights in the workplace. Israeli law provides extensive protections for pregnant women, but there are specific situations in which it is possible to dismiss a pregnant employee under well-defined conditions. In this article we will review what the law says, in which cases dismissal is permitted, and what rights pregnant women have at work.
The Legal Framework: What Does Israeli Law Say?
In Israel, the Women’s Employment Law, 1954, sets out explicit conditions for dismissing a pregnant employee. The purpose of the law is to prevent discrimination and to protect the rights of pregnant women in the workplace.
General prohibition on dismissal
An employer is prohibited from dismissing a pregnant employee who has worked for at least six months for the same employer or at the same workplace, unless they receive special approval from the Commissioner for Women’s Employment at the Ministry of Economy.
Conditions for approval from the Commissioner
The Commissioner will approve a dismissal only if the employer proves that the dismissal is not related to the pregnancy. For example:
- Dismissal due to closure of the business
- Broad downsizing that is not directly related to the employee
Prohibition during maternity leave as well
The law absolutely prohibits dismissing a woman during her maternity leave and for 60 days after it ends.
In Which Cases Is It Permitted to Dismiss a Pregnant Employee?
Despite the broad protections, there are situations in which it is possible to dismiss a pregnant woman, under the following conditions:
Less than 6 months of employment
A woman who has been employed for less than six months at the workplace is not protected under the Women’s Employment Law.
Approval from the Commissioner
If the employer has received approval from the Commissioner for Women’s Employment, provided that the reason for the dismissal is not related to the pregnancy.
End of a fixed-term contract
If the employee works under a fixed-term contract and the contract has ended, dismissal is possible as long as the employer did not extend the contracts of other employees in a similar situation.
What Are the Rights of a Pregnant Woman in Case of Dismissal?
Right to a fair hearing
A pregnant woman is entitled to a proper hearing (pre-dismissal meeting) before being dismissed, just like any other employee.
Right to compensation
A woman who was dismissed unlawfully is entitled to financial compensation, and in some cases even to reinstatement in her job.
Legal challenge
She can turn to the Labor Court in cases where she feels that the dismissal was carried out in violation of the law.
How to Handle Dismissal During Pregnancy?
Check the legality of the dismissal
Verify whether the employer complied with the legal requirements and whether the dismissal required approval from the Commissioner.
Seek professional help
Labor-law attorneys or organizations providing legal aid can help cope with the situation.
Keep all relevant documents
Letters of dismissal, employment contract, and any documentation that can help prove the circumstances of the dismissal.
References for Further Information
- Information on the Kol Zchut website about the rights of pregnant employees
- The Women’s Employment Law on the Ministry of Economy website
- Free legal advice at the Labor Court
Additional Rights That May Interest You
Rights of pregnant women on the Kol Zchut website
A full guide to the rights of pregnant women at work, including conditions for dismissal and information about maternity leave.
Women’s Employment Law on the Ministry of Economy website
All details about the protections the law provides for pregnant women.
Legal advice for women at the Labor Court
A free service that provides support and legal advice on labor-law issues.
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When Is It Permitted to Dismiss a Pregnant Woman?
Dismissing a pregnant employee is allowed only under specific conditions and requires approval from the Commissioner for Women’s Employment. These protections safeguard employees’ rights and prevent discrimination.
If you encounter such a situation, it is important to understand your rights and act in accordance with the law.