Remote Working Moms in Crisis
Imagine yourself, a mom working remotely, when your employer calls you for a video meeting. The economic situation is tough, and he informs you that you're going on unpaid leave. You feel like the sky is falling on you: how will you cope with the reduced income? How will you provide your children with what they need? The employer, on his part, is sure that you're not really working from home. He assumes you're busy with the kids, laundry, and Zoom calls, and therefore sees it as "throwing money down the drain" to pay you a salary.
What the Law Really Says
Firstly, it's important to understand that Israeli labor laws require mutual consent from both parties for placing an employee on unpaid leave. This means the employer cannot place you on unpaid leave without your agreement. The law mandates that the employer must inform you of your rights and obligations during this period. Additionally, unpaid leave is essentially a freeze of the employment relationship. This means that during unpaid leave, you do not accrue rights such as vacation days or pension seniority. You are supposed to return to the same point in your payroll when the unpaid leave period ends.
When It's Relevant — Checklist
- ✓Has the employer discussed unpaid leave with you?
- ✓Have you received clear information about your rights and obligations during unpaid leave?
- ✓Does the employer promise to return you to the same point in your payroll?
- ✓Is contact with the employer maintained during unpaid leave?
The Specific Law That Applies
The labor laws in Israel, including the Women's Work Law, are designed to protect the rights of employees, especially during crises. The law obligates employers to maintain appropriate work conditions and not to infringe on employees' rights without their full consent. If you feel your rights have been violated, it's important to seek legal advice.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side Are You On?
- An accountant working from home while the kids are home, constantly pressured about being put on unpaid leave. In this case, continued work must be agreed upon.
- A programmer in a hi-tech company offered to go on unpaid leave during an economic crisis. You need to be aware of your rights and ensure negotiations are consensual.
- A young lawyer continuing to work from home while taking care of her young children. In this situation, maintaining contact with the employer is crucial.
What to Do Right Now
The first step is to review all correspondence with your employer and ensure your rights are being preserved. If you find an issue, do not sign any agreements without legal counsel. If you do nothing, you might find yourself without income and without a secure foundation to return to. Reach out to us for legal advice to ensure you are protected in any situation.