Unpaid Leave (Halat): Rights, Benefits, and Social Implications in Israel

The Essence

Unpaid leave, or Halat (חל"ת), is a temporary cessation of work by agreement between an employee and an employer. During this period, the employment relationship is maintained, but no salary is paid. The primary purpose is to secure one's job position during a prolonged absence for personal reasons.

Who is Eligible?

The right to unpaid leave is not automatic and, in most cases, requires the employer's consent.

• Primary Condition: A written agreement between the employee and the employer specifying the start and end dates of the leave.
• Statutory Cases: In certain situations, the law obligates the employer to grant unpaid leave (e.g., a portion of childcare leave following maternity leave).
• Duration: The length of the leave is determined by mutual agreement.

Who is NOT eligible:

• An employee who unilaterally demands leave without the employer's consent.
• An employee on a probationary period (unless otherwise stipulated in the contract).

Your Rights

During unpaid leave, your rights change significantly, as you do not receive a salary.

• Salary: Not paid.
• Seniority for Severance Pay (Pitzuim): The period of Halat does not count toward the seniority used to calculate severance pay.
• Pension Contributions: The employer ceases contributions to the pension fund and keren ishtalmut.
• Bituach Leumi Contributions: For the first two calendar months of the leave, the employer pays the contributions. Starting from the third month, the employee is obligated to independently pay contributions directly to the National Insurance Institute to avoid losing social rights.
• Unemployment Benefits: As a general rule, voluntarily taking Halat does not grant eligibility for unemployment benefits.

Step-by-Step Guide

1. Discuss with your employer. Explain the reasons for and the desired dates of your absence.
2. Obtain written consent. Insist on an official document that records the exact start and end dates of the Halat. This is your primary legal document.
3. Clarify the status of your savings. Inquire with your employer about what will happen to your pension contributions and other funds.
4. Contact Bituach Leumi. If your leave exceeds two months, you must independently register with the National Insurance Institute as a non-working individual and begin paying contributions. This is critically important.
5. Keep all documents. Retain a copy of the Halat agreement in case of disputes.

List of Documents

To formalize and confirm your status, you will need:

• A written agreement for taking unpaid leave (eskem le-yetzia le-halat), signed by you and your employer.
• A letter from the employer confirming the dates of your leave (may be part of the agreement).
• Identification card (Teudat Zehut).

Pitfalls

• Verbal Agreement: Never rely on verbal agreements. Without written confirmation, you risk being dismissed for absenteeism.
• Debt to Bituach Leumi: It is your personal responsibility to pay contributions after the second month. Failure to make payments will result in fines and the loss of rights to benefits (e.g., maternity allowance).
• Seniority Freeze: Remember that time spent on Halat does not count toward seniority (vetek) for the calculation of pitzuim, sick leave, and annual vacation days.
• Returning to Work: The employer is obligated to provide you with the same or a similar position upon your return. If the employer refuses, it may be considered unlawful dismissal.
• Unemployment Benefits: Do not confuse voluntary Halat with the compulsory leave that was declared during the COVID-19 pandemic. Under normal circumstances, voluntary leave does not grant eligibility for unemployment benefits.

Contacts and Links

Contact information has not been provided. It is recommended to visit the official websites of the National Insurance Institute (Bituach Leumi) and the Ministry of Labor to obtain current information and verify your rights.

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