Shiva (Mourning): Paid Leave and Employee Rights for Bereavement

The Essence

You have a legal right to paid leave in the event of the death of a close relative. This period, known as "shiva" (mourning), allows you to be absent from work without loss of pay. The employer is obligated to pay for these days at your regular rate.

Who is Eligible?

The right to paid bereavement days is granted to salaried employees who have worked for their employer for at least three months.

Leave is granted in the event of the death of a close relative:

• Spouse
• Parents (father or mother)
• Children
• Brother / Sister

Who is not eligible?

• Employees with less than 3 months of service with the current employer.
• In the event of the death of a relative not included in the list above (e.g., grandfather, grandmother, uncle).
• Self-employed individuals (atzma'im), unless otherwise specified in their contract with a client.

Your Rights

• Paid Leave: You are entitled to up to 7 calendar days of paid leave. Payment is made at your standard daily rate.
• Protection from Dismissal: It is prohibited to dismiss an employee during their bereavement leave.
• Continuity: The mourning days are counted as calendar days, including weekends and holidays, and begin from the day of death.

Step-by-Step Guide

1. Notify your employer immediately. As soon as you learn of the death, inform your direct supervisor or the Human Resources (HR) department. This can be done by phone, but it is recommended to follow up in writing (SMS, Email, WhatsApp).
2. Specify the dates of absence. Inform them of the exact start date and the expected date of your return to work.
3. Submit documents upon your return. After the mourning period ends, provide the necessary documents to the accounting or HR department to process the payment.
4. Check your payslip (tlush maskoret). On your next payslip, verify that the days of absence were paid correctly. They should be marked as "mourning days" (yemei evel).

List of Documents

• Death Certificate (Teudat Ptira): This is the primary document confirming your eligibility. A copy is usually sufficient.
• Proof of Kinship: This is not required in most cases, but be prepared to provide a copy of your identity card (Teudat Zehut), which lists family members, if the employer requests it.

Key Considerations

• Calendar Days, Not Workdays: The leave is calculated in calendar days, starting from the day of death. If the mourning period falls on weekends, those days are also included in the 7-day period.
• Cannot Be Postponed: The right to bereavement leave must be used immediately. It cannot be "saved" or moved to a more convenient time.
• Close Relatives Only: The law strictly defines the list of eligible relatives. Mourning for an uncle, aunt, or cousin does not grant the right to paid leave, although you may arrange for unpaid leave with your employer.
• Written Notification: Always try to notify your employer in writing. This serves as your proof in the event of a dispute.

Contacts and Links

For official and the most up-to-date information, it is recommended to contact the following authorities directly:

• Your company's Human Resources (HR) department: Your first and primary source of information regarding internal procedures.
• Website of the Ministry of Labor and Social Affairs (Misrad HaAvoda VeHaRevacha): Look for the section on employee rights (zchuyot ovdim).
• Labor Rights Hotline: Check the current number on official government websites.

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