Parenthood hour (breastfeeding hour): the rights at the workplace

Service page: Employment lawyer: dismissals, wages and severance pay.

What the law says, and what changed in 2016

You have come back from the birth and parenting period, and someone in HR said “breastfeeding hour”. This term does not appear in the Law: Amendment No. 55 to the Women’s Employment Law, which came into force in August 2016, replaced “maternity leave” with “birth and parenting period”, and provided that the daily hour that was called the “breastfeeding hour” will be called the “parenthood hour”. The change is not only semantic: it reflects the fact that the right does not depend on actual breastfeeding, and that under certain conditions the father can also use it.

Note three things the section says expressly: the absence is one hour a day; it is in addition to the regular breaks under the Hours of Work and Rest Law, 5711-1951, so the lunch break is not “offset” against it; and it is not deducted from pay. An employer who pays less for the parenthood hour, or who demands that it be “made up” at the end of the day, is acting contrary to the wording of the Law. Such a demand, and certainly a dismissal that followed it, falls within the area of an employment lawyer.

Who is entitled, and who is not

The only condition is the scope of the position: a full-time position as customary at the workplace, or a position of at least 174 hours a month, whichever is lower. So if a full-time position at your workplace is 40 hours a week, that is enough. An employee with a smaller position is not entitled to a parenthood hour under the Law, unless a collective agreement, an extension order or the employment contract gives her better terms.

The right is not conditional on breastfeeding, not conditional on presenting a medical certificate, and not conditional on your staying with the same employer: an employee who changed jobs after the birth and parenting period is entitled to a parenthood hour with the new employer, as long as four months have not yet passed since the end of the period. For the rights that accrue in the first year with a new employer, see Employee rights in the first year.

How long, and when the count starts

The count starts from the end of the birth and parenting period, not from the day of the birth. An employee who took a full birth and parenting period of 26 weeks and returned to work at its end is entitled to a parenthood hour on every working day for four months from the day she returned. Details on the length of the period and on the option of shortening or extending it are in the guide Maternity leave: the rights of working parents, and on the payment from the National Insurance Institute (Bituach Leumi) in Maternity allowance: eligibility, calculation and claiming it.

A numerical example: an employee in a full-time position, five days a week, earning NIS 60 an hour. In a month with 22 working days she is entitled to 22 parenthood hours, and over four months to about 85–90 hours, depending on the actual number of working days. At NIS 60 an hour, that is about NIS 5,100–5,400 of wages paid for hours in which she may be absent. An employer who deducted these hours from the wages must repay them, and under certain conditions also pay compensation for late payment of wages (see Late payment of wages: when and how to sue the employer).

The parenthood hour for the father or the partner

Since Amendment No. 55, the partner may use the parenthood hour instead of the mother or alternately with her. The Law sets cumulative conditions: the mother is entitled to the parenthood hour and has given her consent; both partners are employed at the qualifying scope; and each of them has given their employer, no later than 21 days before the end of the birth and parenting period, a signed declaration setting out the number of days and the specific days of the week on which the right will be used. The total parenthood hours of both partners together may not exceed the quota the mother would have been entitled to alone.

In practice: the planning must be done before the return to work, in writing, with both employers. A declaration given late postpones the use: the partner may use the right only 21 days after giving it (section 7B(a)(2)).

What the employer may not do

• Deduct the hour from the wages: the Law expressly says it is not deducted. Such a deduction is late payment of wages.
• Offset it against the lunch break: the absence is in addition to the breaks under the Hours of Work and Rest Law.
• Make it conditional on actual breastfeeding, a medical certificate or “making up hours” at the end of the day.
• Harm you because you used the right: the Employment (Equal Opportunities) Law, 5748-1988 (חוק שוויון ההזדמנויות בעבודה, התשמ״ח-1988) prohibits discrimination on grounds of parenthood in hiring, terms of employment, promotion and dismissal (section 2(a); the provisions of the Law, except section 7, do not apply to an employer of fewer than six employees: section 21(c)). A change of role for the worse or a pay cut following the parenthood hour may be considered prohibited discrimination (see Discrimination at work: Israeli law and employee protections).
• Dismiss during the protected period: section 9(c)(1a) of the Women’s Employment Law prohibits dismissal for 60 days from the end of the birth and parenting period without a permit. The parenthood hour lasts four months, which is beyond the protected period, but a dismissal after the 60 days because of using the right is discrimination on grounds of parenthood, even if it does not require a permit.

A place to breastfeed or pump: what the law requires and what it does not

Here it is important to be precise: the Women’s Employment Law does not impose on the employer an express duty to set aside a breastfeeding room or to provide a refrigerator. The duty in the Law is to allow the absence and to pay for it. Many workplaces arrange a private space for pumping as part of their welfare arrangements or in a collective agreement, and it is worth asking for this in writing. What is clear is that the lack of a suitable place does not exempt the employer from the duty of the parenthood hour itself: an employee can use it to leave early or arrive late, as agreed.

The employer refuses: what to do

1. A written request to the employer, referring to section 7(c)(3) of the Women’s Employment Law and asking the employer to confirm the time of the hour. Documenting the refusal is the most important evidence.
2. A complaint to the Labor Branch, at its Regulation and Enforcement Administration (Ministry of Labor), which is authorized to enforce the Women’s Employment Law against employers.
3. A claim in the Regional Labor Court for repayment of the wages deducted, and if your terms were harmed or you were dismissed, also for compensation under the Employment (Equal Opportunities) Law. The proceeding is explained in the guide Proceedings in the Labor Court.

An overview of all the rights at work (wages, hours, vacation and dismissal) is collected in the employment law information center.

Frequently asked questions

Is a part-time employee entitled to the parenthood hour?

Under section 7(c)(3) of the Women’s Employment Law, the right is conditional on employment in a full-time position as customary at the workplace, or in a position of at least 174 hours a month, whichever is lower. An employee with a smaller position is not entitled under the Law, unless a collective agreement, an extension order or the employment contract gives her a broader right. Check what is customary at your workplace: a “full-time position” in a particular sector may be less than 42 hours a week.

Can the father take the parenthood hour instead of the mother?

Yes, since Amendment No. 55 to the Women’s Employment Law (2016). The partner may use the parenthood hour instead of the mother or alternately with her, under the conditions set by the Law: the mother is entitled to the parenthood hour and has given her consent, both partners are employed at the qualifying scope, and each of them has given their employer a signed declaration no later than 21 days before the end of the birth and parenting period, setting out the days of the week on which the right will be used. The total parenthood hours of both partners may not exceed the quota the mother would have been entitled to alone.

Until when can you use the parenthood hour, and what if I didn’t use it?

The right lasts four months from the end of the birth and parenting period, not from the day of the birth. It is an hour a day; the Law sets no mechanism for accumulating unused hours into vacation days or payment, so such an arrangement depends on agreement with the employer. If the employer prevented you from using the hour, or deducted it from your wages, you can claim the deduction as late payment of wages and the harm as discrimination on grounds of parenthood.