Tishrei Holidays and Employment Law: Rights, Pay, and Collective Leave

The Tishrei holiday season annually raises numerous questions for employers and employees: Can employees be sent on a collective vacation, who is entitled to holiday pay, is it mandatory to provide a holiday gift, and how much must an employee be paid if required to work during a holiday? Adv. Shani Marom, a partner at the Amar Reiter Jeanne Shochtovitch & Co. law firm, provides clarity.

Is the eve of a holiday a regular workday?

As a rule, the eve of a holiday is a shortened workday. The scope of the workday and its remuneration may vary depending on the work week format, applicable workplace agreements, extension orders, personal contracts, and workplace customs. Work that continues after the holiday begins will be considered holiday work from that moment onward.

Can employees be required to work on a holiday?

Generally, employing workers on a holiday is prohibited unless the employer has obtained a permit in accordance with the Hours of Work and Rest Law, or if it is a workplace to which a legal permit applies.

Can an employee refuse to work on a holiday?

In certain cases, the law grants employees the right to refuse to work on a holiday or rest day for religious reasons, subject to conditions, notices, and exceptions stipulated by law for specific types of work.

Who is entitled to holiday pay?

The purpose of holiday pay is to ensure that an employee's salary is not reduced due to not working on the holiday. An employee on a monthly salary is entitled to their regular salary even in a month containing a holiday. An hourly or daily employee may be eligible for holiday pay, subject to statutory eligibility conditions.

Does a monthly salaried employee get extra pay for a holiday?

A monthly salaried employee is entitled to their regular salary even if they did not work on the holiday, and therefore the mere existence of the holiday does not entitle them to additional payment. However, a monthly employee required to work on a holiday not by choice will be entitled to compensation for holiday work in accordance with the law.

Are hourly or daily employees entitled to holiday pay?

Yes, subject to eligibility conditions. As a rule, an hourly or daily employee may be eligible for holiday pay if they have completed at least three months of employment with the same employer, did not absent themselves from work on the day before and the day after the holiday (unless agreed upon with the employer or according to the work schedule set by them), and the holiday falls on a day they were scheduled to work.

How much must an employee who worked on a holiday be paid?

A monthly employee required to work on a holiday not by choice may be entitled to compensation and, in appropriate cases, alternative rest, in accordance with the law, rulings, and workplace arrangements. An hourly or daily employee required to work on a holiday may be entitled to enhanced compensation.

What are the rules regarding overtime on a holiday?

An employee who works overtime during a holiday is entitled to overtime pay in addition to the payment due for holiday work.

Is a holiday falling during annual leave deducted from leave days?

When a holiday falls during annual vacation, it is not deducted from the employee's vacation days quota.

Is Chol HaMoed a regular workday?

Chol HaMoed days are regular workdays for all intents and purposes, unless a collective agreement, extension order, personal contract, or custom grants employees more favorable terms.

Can an employer mandate a collective vacation during Chol HaMoed?

An employer may decide on a collective vacation, including during Chol HaMoed, subject to the Annual Leave Law. For a vacation of at least seven days, advance notice of at least 14 days must be given.

What happens if an employee lacks sufficient vacation days?

As a rule, an employee cannot be forced to take leave at the expense of unaccrued vacation days. Such a situation requires the employee's consent to take leave against future accrual or unpaid leave.

Must an employer provide a holiday gift?

The law does not legally obligate employers to give holiday gifts. However, if a collective agreement, extension order, personal contract, or established custom dictates otherwise, the employer must abide by it.