When a Pregnant Employee Might Lose Her Job
Yael, an accountant at a large company, heard rumors about upcoming layoffs. Being six months pregnant, she was sure the law protected her from being fired. However, when her manager called her into the office, she was surprised to hear that the company planned to lay her off as part of the overall streamlining. Yael felt a deep fear, but also confusion. Can she really be fired, and what should she do next?
What the Courts and the Law Actually Examine
Israeli law provides special protection to employees in certain situations, but it is not an absolute protection. For example, pregnant employees, employees returning from maternity leave, and reservists are entitled to additional protection. The law requires employers to act fairly and provide substantial reasons for terminations.
It is important to understand that the law does not prohibit terminations but requires an orderly and well-justified process. An employer must prove that the termination is due to real business needs and not discrimination or unfairness.
Additionally, the employer is required to obtain prior approval from the Ministry of Economy for the termination of a pregnant employee or a reservist. Without such approval, the termination may be considered illegal.
When It’s Relevant — A Checklist
- ✓Is the employee pregnant or undergoing fertility treatments?
- ✓Has the employee recently returned from maternity leave?
- ✓Is the employee a reservist?
- ✓Is the employee close to retirement age?
- ✓Does the employee have a recognized disability?
- ✓Is the employee particularly senior in the company?
The Specific Law That Applies
The Women’s Employment Law is intended to protect working women during pregnancy and after childbirth. The law requires employers to obtain prior approval from the Ministry of Economy for the termination of a pregnant employee. If the termination occurs without this approval, the employee may sue the employer and demand compensation.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side of the Line Are You On?
- Danny, a reservist, is informed of his termination immediately after returning from extended service. Such termination is illegal without approval.
- Ronit, an employee at a tech company, is informed of termination during fertility treatments. Legal consultation is necessary under the law.
- Yossi, a senior employee aged 65, is informed of termination ahead of retirement. It is important to check the legality of the termination under the law.
What to Do Right Now
If you are in a similar situation, it is important to seek legal advice before signing any documents. Ensure you know all your rights and that the employer acts in accordance with the law.
Acting without prior verification can lead to serious consequences and violations of your rights. Therefore, do not hesitate to seek professional advice to protect yourself.