Caught Your Employee Outside?
You saw your employee wandering in the mall, despite having declared a sick leave. Does this mean you can deny their sick days? This happened to a client of mine, a young manager at a tech company, who was surprised to see one of his employees in the local mall when she was supposed to be home on sick leave. His instinctive reaction was to immediately deny the sick days. However, after consulting with a lawyer, he realized it's not that simple. The employee came in for a discussion and explained she was having a panic attack, and going outside helps her calm down.
What the Law Actually Considers
Israeli courts and law take the issue of sick days seriously, stating that an employer must respect a sick note from a health fund. This implies that the employee genuinely needs rest or treatment, and it cannot be easily revoked. However, there are situations where an employee might be seen outside for legitimate reasons. For example, if they are undergoing light medical rehabilitation and need fresh air, or if they are having a panic attack and going outside helps. The employer must evaluate each case individually and request explanations from the employee before making any decisions. The legislator also acknowledges that there are situations where employees might abuse sick days. In extreme cases, like traveling abroad during sick leave, it may be considered to revoke the days, but only after a thorough investigation.
When It's Relevant — Checklist
- ✓Does the employee have a valid sick note from the health fund?
- ✓Is the employee outside for a medical reason (e.g., medical appointment or rehabilitation)?
- ✓Does the employee provide a satisfactory explanation for being outside?
- ✓Are these recurring incidents or isolated?
The Specific Law That Applies
The Sick Leave Law is designed to ensure that employees receive their rights when they cannot work due to a medical condition. The law protects the employee's rights and obliges the employer to respect their entitlement to paid sick days, as long as they have an appropriate medical note. In cases where the employer suspects abuse of sick days, they are entitled to conduct an inquiry with the employee and request explanations. However, it is important to act cautiously, as unjustified denial can lead to a legal claim by the employee.
Questions Everyone Asks — and No One Asks the Lawyer
Real Situations — Which Side Are You On?
- ✓A tech employee going shopping during sick leave due to a panic attack. Verdict: Legitimate.
- ✓A construction worker traveling to Eilat during sick leave. Verdict: Requires further inquiry.
- ✓A senior manager posting a story from a party abroad. Verdict: Sick days can be denied after inquiry.
What to Do Right Now
The first step is always to conduct an inquiry with the employee and request explanations for being outside during sick leave. Do not judge too quickly. If you ignore the situation and do not investigate, you might face a legal claim that could result in financial losses. If you feel uncertain, seek legal advice.