Dear Clients and Colleagues,

On June 20, 2024, an amendment to the Sick Pay Regulations (procedures for payment of sick pay), 1976, was published. The amendment allows employees to present a sick leave certificate and receive sick pay from their employer, without visiting a doctor.

Until the amendment, in order to be eligible for sick pay, employees had to present a sick leave certificate signed by a doctor. Due to the heavy burden imposed on doctors at HMOs charged with issuing sick leave certificates, the amendment determined that an employee can also present a "short-term sick leave certificate", for a period of up to four sick days.

A short sick leave certificate can be issued by an HMO, without the employee visiting the HMO's doctor. In order to issue a short-term sick leave certificate, the employee must contact the HMO and report his/her poor health condition, due to which they temporarily cannot work. The HMO must provide such individuals with a notice regarding the conditions and procedure for issuing a short-term sick leave certificate.

A short-term sick leave certificate that is not signed by a doctor can be given to an employee up to four times a year (however, a number of short-term sick leave certificates issued within seven consecutive days, will be treated as one certificate); A short-term sick leave certificate will not be issued for an aggregate period of more than ten days per year; And a short-term sick leave certificate will not be given if in the seven consecutive days preceding each sick day specified in the certificate, the employee was given short-term sick leave certificates for more than four sick days.

A short-term sick leave certificate can also be issued when it is signed by a doctor, without the employee having visited the doctor, provided that within the seven consecutive days preceding each sick day specified in the certificate, the employee was not given short-term sick leave certificates for more than four sick days.

As part of the amendment to the regulations, it was clarified that sick leave certificates will not include any details regarding the employee's illness, including medical findings. It was further clarified that a doctor's visit can be conducted in person or by phone; and, that a doctor's signature can also be digital.

Please note: the regulations regarding a short-term sick leave certificate and its recognition will apply from September 1, 2024. The regulations concern the payment of sick pay in accordance with the law. In this context, the recognition of any entitlement to sick pay beyond the statutory entitlement remains in accordance with the rules applicable at the workplace.

We are happy to be at your disposal for any clarifications or questions that may arise.

 The Labour and Employment Department

Herzog, Fox & Neeman