Dear Clients and Colleagues,

In light of the recent increase in Covid-19 cases due to the Delta variant, the Government has put in place a list of steps with the purpose of reducing the infection rates. In this update, we will briefly review the possible consequences of these steps on workplaces.

• Together with  a decision whereby government offices (and where possible, the entire public sector) shall limit the rate of physical attendance to 50%, a recommendation was made in relation to the private sector, whereby employers will encourage remote work. Even though this is only a recommendation, employers wishing to apply a remote work model regarding part of their employees, are welcome to seek specific advice.

• Within the tightening of the restrictions related to the “Green Status” rules, the government decided to limit entry to the following places only to individuals who present a “Green Pass” whereby they have been vaccinated or recovered from Covid. These places include places where conferences are conducted, seating areas in food halls and gyms, regardless of the number of attendees.Individuals who are not vaccinated or recovered can also enter places that require a “Green Pass”, subject to them presenting an approval of a negative immediate Covid test result. This approval refers to a negative Covid test, conducted within the 24 hours prior to its presentation; as opposed to a PCR test, the approval of which is valid for a period of 72 hours. Temporarily, until August 11, 2021, entry to “Green Pass” areas, will also be permitted by presenting a negative PCR test. Note that the State does not fund the immediate Covid tests.

  Places to which entry requires presenting a “Green Pass” are also required to, inter alia, position a sign in a prominent location, regarding the obligation to present the approval, at the entry to the premises; permit entry only to those who are permitted to enter; and, appoint an appointee responsible for the performance of the required actions.

  Although these restrictions do not directly apply to workplaces, employers that conduct conferences or run a cafeteria or gym at the workplace are welcome to approach us to seek specific advice regarding their conducting of conferences, opening of cafeterias and gyms.

• Employers that are interested in conditioning employee workplace attendance on the employees presenting a “Green Pass”, or a negative Covid test result, are also welcome to approach us for specific advice on the matter. This decision should be examined in light of the various changes in the legal arrangements, including, the fact that individuals are now required to pay for their own Covid tests; the change in employee entitlement to unpaid leave payment for unpaid leave; and, the circumstances relating to infection rates and their scope, as well as relevant circumstances at the workplace.
• The regulations requiring mandatory quarantine have also been harshened in various respects. In this scope, vaccinated grown-ups who take care of a child up to the age of 12 who is infected, are required to enter into mandatory quarantine.In addition, the government extended the mandatory quarantine requirement for individuals returning from abroad. In this context, the government decided that, subject to formal legislation, as of Monday, August 16, 2021, there will be a full mandatory quarantine (including for vaccinated and recovered individuals) for individuals returning from any country, save for a few specific countries, the return from which will only require vaccinated and recovered individuals to enter into quarantine for 24 hours (from their return to Israel), or until they receive a negative Covid test result  (the earlier of the two). In addition, there are countries to which travel has been banned (other than by way of obtaining an approval from the exceptions committee) and the return from which requires a full period of quarantine.

  The countries that require a short period of quarantine upon return include Austria, Australia, Hong Kong, Hungary, Taiwan, Moldova, New Zealand, China, Singapore and the Czech Republic.

  The countries that are banned for travel include Bulgaria, Brazil, Georgia, Mexico, Spain and Turkey.

• In light of the harshening of the quarantine rules, we turn your attention to the amendments to legislation which were made on August 5, 2021, whereby quarantine pay which is paid as of such date (and which can be indemnified by the State) to a vaccinated or recovered employee, an employee who cannot get vaccinated or an employee in quarantine with his/her child, shall continue to be paid at the rate of sick pay; while quarantine pay to employees who are not vaccinated will be at a rate of 75% of sick pay

We will continue to provide you with updates of any developments.

The Labour and Employment Department
Herzog Fox & Neeman