What Happens When Your Employer Wants to Put You on Unpaid Leave?
Tamar, an employee at a tech company, was surprised when her manager asked to put her on unpaid leave without her consent. She didn't know what this meant and why she had to agree to it. At first, Tamar thought she had no choice, but after consulting with a lawyer, she realized that employees cannot be forced into unpaid leave without mutual consent. The legal consequence is that such a decision could lead to lawsuits against the employer.
What Do the Courts and the Law Really Examine?
Courts look at the agreements made between the employee and the employer. Israeli labor laws require mutual consent for any significant change in employment terms, including going on unpaid leave. In emergencies, there's a tendency to think unpaid leave can be enforced, but this is an exception that could lead to legal repercussions. The law requires employers to inform employees about their rights and obligations during unpaid leave. Additionally, it's important to remember that unpaid leave does not sever employment relations but merely freezes them, meaning no accumulation of rights like vacation, sick leave, or pension.
When Is It Relevant — Checklist
- ✓Was mutual consent obtained for unpaid leave?
- ✓Did the employer explain the implications of unpaid leave to the employee?
- ✓Was a written notice provided about going on unpaid leave?
- ✓Is the employee aware that no rights are accrued during unpaid leave?
The Specific Law That Applies
The Women's Employment Law in Israel requires mutual consent for any significant change in employment terms. Going on unpaid leave is considered a significant change and thus requires consent from both parties. Violating this law can result in legal sanctions against the employer.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side Are You On?
An accountant in a small company is asked to go on unpaid leave without consent — this is illegal. An employee in a tech company signs a written consent to unpaid leave — this is acceptable. A clothing store employee refuses unpaid leave and is fired without a hearing — this is problematic.
What to Do Right Now
The first step is to check your agreements with your employer. Do not sign anything without legal advice. If you do nothing, you might find yourself in a situation with no rights and at risk of illegal termination.