← All articles
Labour law5 min read

Sick Child: How Are Sick Days Divided Between Parents, and Who Receives Payment from the Employer?

When a child is sick, both parents may share the absence—but they cannot receive sick pay for the same day simultaneously. The amount paid depends on the sequence of the child’s sick days, each parent’s remaining sick-day balance, and the documents submitted to the employers.

Numbers and facts
  • Up to 8 sick-child days per year for each eligible employee
  • Up to 16 days for a single parent or a parent with sole custody
  • Ordinary illness of a child: the child has not yet turned 16
  • Standard accrual: 1.5 sick days for each full month of work
  • Serious illness: up to 90 days, and in certain circumstances up to 110

There Is No Separate Family Quota

Under the Sick Pay (Absence Due to a Child’s Illness) Law, 5753-1993, an employee whose child has not yet turned 16 may charge up to 8 days of absence per year against the sick days they have accrued. Eligibility is conditional on the employed spouse not being absent on the same days for the same purpose; a similar condition applies when the spouse is self-employed and is not absent from their business. The parents may therefore divide the days between them, but they should not each report the same day to their employer as a sick-child day. A single parent or a parent who has sole custody of the child may charge up to 16 days per year.

How the Employer’s Payment Is Determined

Sick-child days are not a new pool: each parent uses the balance of personal sick days accrued with their employer. Under the minimum arrangement in the Sick Pay Law, the first day is unpaid, half the sick pay is paid for the second and third days, and full sick pay is paid from the fourth day onward. There is therefore no uniform amount in shekels—the payment is derived from the value of the employee’s workday and the day’s position in the sequence of illness. A personal agreement, collective agreement, or extension order may provide better terms.

Switching Parents Does Not Reset the Count

A common mistake is to think that every switch between the parents starts a new “first day.” The law provides that when spouses are absent alternately, the payment sequence begins on the first day on which either of them was absent due to the child’s illness. For example, if the mother was absent on the first day and the father on the second day, the father’s day is considered the second day in the sequence rather than a new first day. If the absence continues for four days and the parents alternate, the fourth day may be paid in full even to a parent for whom it is the first day of absence from their workplace. To this end, the spouse’s days of absence must be reported, and the declarations submitted at the workplaces must be attached.

Without a Medical Certificate and Declaration, the Absence Will Not Be Recognized

The Sick Pay (Absence Due to a Child’s Illness) Regulations, 5754-1993, require an appropriate declaration and a medical certificate regarding the child’s illness to be submitted to the employer. The declaration includes, among other things, the period of absence, the child’s details, the spouse’s and their employer’s details, the number of days already used that year, and confirmation that the spouse was not absent on the same days. As a rule, the declaration is signed by the employee and their spouse; the form contains an appropriate section for a parent who has sole custody of the child or is a single parent. Until the documents are submitted, the regulations provide that the absence will not be regarded as an absence under the entitlement. Submitting the medical documents at least 7 days before the salary payment date generally enables payment on that date; later submission may postpone it until the next salary payment after submission.

Serious Illness or Disability: Broader Rules

When a child who has not yet turned 18 is coping with a serious illness, an employee with at least one year of seniority with the same employer or at the same workplace may charge up to 90 days of absence per year against sick days or vacation days, at their choice. The quota may increase to up to 110 days when the spouse has not used the entitlement, or when the employee is a single parent or has sole custody. A serious illness includes a malignant disease, an illness requiring regular dialysis treatment, or another illness designated by order. A parent of a person with a disability who meets the seniority requirement has separate rights, including up to 18 days of absence, the possibility of 18 additional days under certain conditions, up to 52 hours without a salary deduction, and another 52 hours under the prescribed conditions. For a qualifying absence due to disability, sick pay is paid from the first day.

FAQ

Can both parents take a sick day for the same day?

Not under the ordinary sick-child entitlement. Eligibility is conditional on the spouse not being absent from their employment or business on the same day for the same purpose, so the parents should coordinate in advance who reports each day.

If the parents alternate, who receives payment for the fourth day?

The parent who is actually absent on the fourth day may receive full sick pay, even if it is their first day away from work. This is because the count continues from the first day on which either parent was absent, subject to the required reporting and declarations.

Must the employer pay even when the employee has no remaining sick-day balance?

Sick-child days are charged against the employee’s sick-day balance. Payment therefore generally depends on having an accrued balance, unless a personal agreement, collective agreement, or another more favorable arrangement grants additional rights.

What document must be provided when the child is sick?

A medical certificate regarding the child’s illness and a declaration under the regulations must be submitted. When the parents divide the days between them, it is important that the declarations specify each parent’s days of absence and be provided to the employers as required.

Are sick-child days deducted from vacation days?

For an ordinary illness of a child, the days are charged against the parent’s sick-day balance. In the case of a child’s serious illness, the law allows the employee to choose between accrued sick days and the vacation days to which they are entitled.

What to do next

Before deciding who stays home, it is advisable to check both parents’ remaining sick-day balances on their salary slips and divide precise dates between them without overlap. Keep the medical certificate, complete the declarations, and submit them promptly to both employers. If the payment on the salary slip was calculated as though the sequence had reset when the parents switched, a written request may be submitted to the payroll department with the documents that were filed attached.

Sources

Find a lawyer for this topic

Case analysis based on court rulings

Read also

All articles on “Labour law”