Dismissal During Pregnancy: When an Employee Cannot Be Dismissed Without a Permit from the Ministry of Labor

Who Is Protected by the Six-Month Threshold

Under the Employment of Women Law, 5714–1954, a permit is required to dismiss a pregnant employee who has worked for at least six months for the same employer or at the same workplace. The type of employment is not decisive: the protection applies to permanent, temporary, and irregular work. If the employee has less than six months of seniority, no permit is required under this law, but dismissal specifically because of the pregnancy may still be considered discrimination. A permit is also not required under a genuine fixed-term contract of less than 12 months, if it was not renewed and if, objectively, there was no possibility or expectation that the employment would continue.

Not Only Dismissal: The Scope of the Position and Income May Not Be Covertly Reduced Either

The employer must request a permit not only before dismissal, but also before reducing the scope of the position or the income of a protected employee. For example, the employer cannot simply transfer her from a 100% position to an 80% position on the grounds of restructuring and thereby circumvent the procedure. In the application, the employer must specify the current and future scope of the position, the salary, and the date of the planned change. Certain changes resulting from a medical condition and initiated by the employee herself on the basis of a written medical certificate are not defined under the procedure as a prohibited reduction in the scope of the position.

How the Ministry of Labor Examines the Reason for Dismissal

The employer, not the employee, submits the application: the form must be accompanied by an explanation of the reasons and supporting documents. The explanatory letter is limited to five pages, and in the case of dismissal, it must state the planned date on which the employment will end. The key question is whether there is a connection between the decision and the pregnancy: if such a connection is found, a permit cannot be granted. Chronology, previous work evaluations, correspondence, sick days, changes in the role, and statements by the supervisor are therefore important. In Case No. 42174-06-16, the Tel Aviv Regional Labor Court examined, among other things, the supervisor’s statement that many more sick days were expected because of the pregnancy: statements of this kind may serve as important evidence of the employer’s motives.

When a Permit Cannot Be Obtained at All

Dismissal is prohibited during maternity and parental leave, and the Ministry of Labor has no authority to permit it. The same absolute prohibition applies during the period of absence prescribed by law after a miscarriage, as well as during absence after childbirth for medical reasons—up to six months, if the need has been certified by a physician. After the leave ends, a protected period of 60 days applies; according to the Ministry’s updated page, an application for a permit during this period will be considered only in the event of the closure of the business or the cessation of its operations. Therefore, the mere submission of the application by the employer does not mean that the employment relationship has ended or that salary payments may be stopped.

What to Do Pending the Decision and Which Payments to Consider

Until the decision is received, it is advisable to document in writing that the employee is willing to continue working, and to retain notices, correspondence, pay slips, the contract, work evaluations, and medical documents. An offer to “leave by mutual agreement” should not be viewed as an ordinary dismissal: according to the Ministry’s page, the permit regime does not apply in the event of voluntary resignation. If the dismissal or reduction in income has already been carried out without the required permit, claims may be raised in an employment dispute for restoration of the previous situation, unpaid salary, and compensation for actual damage; if discrimination has been proven, separate compensation claims may also be filed. The materials presented do not indicate a fixed sum in shekels: the amount depends on the salary, the duration of the violation, the causes of action asserted, and the evidence.

FAQ

Sources

• Ministry of Labor: Application for a Permit to Dismiss or Reduce the Scope of a Position or Income
• Official Procedure for Submitting Applications Under the Employment of Women Law
• The Knesset: Data on Dismissal Permits in 2022–2023
• Judgment in Pregnancy Discrimination Case No. 42174-06-16
• Rules for Ending the Fixed-Term Employment of Protected Employees

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