What Happens When Your Employer Decides on Unpaid Leave
Nadia, an office worker in Tel Aviv, received a notice from her employer that she was being put on unpaid leave. This happened without prior warning and without her consent. Nadia, unaware of her rights, feared losing her job if she resisted.
As she began to investigate the situation, she discovered that employees can only be put on unpaid leave with their consent. She realized that the employer should have informed her about the implications, such as the lack of accrual of seniority, recuperation, and vacation.
What the Law Actually Says
Unpaid leave is defined as a temporary arrangement where the employee stops working but is not terminated. To place an employee on unpaid leave, explicit consent from the employee is required. The law protects employees by requiring the employer to inform the employee of all conditions and rights that will be preserved or harmed during the unpaid leave.
During emergencies, there is a misconception that unpaid leave can be forced on employees. However, even in such times, the employer cannot put an employee on unpaid leave without consent. The employment relationship must be frozen, not forced into a situation that harms the employee's rights.
When It's Relevant — Checklist
- ✓Employer asks to put you on unpaid leave
- ✓No prior warning given
- ✓Unpaid leave terms not explained to you
- ✓No opportunity to express your opinion
The Law That Applies to You
The regulations stipulate that the employer must obtain the employee's consent to unpaid leave. Violating these conditions, especially when the employee is not given the opportunity to object, may result in legal action from the employee.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side Are You On?
Shira, a medical secretary, received a notice of unpaid leave without a chance to object. — Illegal Yoav, a project manager, was invited to a discussion and the terms of unpaid leave were explained to him, and he agreed. — Legal Haim, a contractor, was put on unpaid leave during an emergency without consent. — Illegal
What to Do Right Now
The first step is to check your agreement terms. Do not sign anything before you understand the implications. If you feel your rights are being violated, contact a lawyer immediately.
If you ignore the situation and do nothing, you might find yourself without legal protection and without basic rights.