Illness or Legal Protest? The Dispute Among Educators

Background of the Conflict

The ongoing struggle of teachers against salary cuts has reached a contentious point, revealing divisions within the educators’ community. While the Secretary-General of the Teachers’ Union, Yafa Ben David, has successfully negotiated with the Ministry of Finance for alternatives to salary reductions, many teachers are advocating for continued actions, demanding a complete cancellation of salary cuts. This has created uncertainty regarding the participation of educators in upcoming protests and the scope of their dissent, which currently lacks the backing of the Teachers’ Union.

Legality of Organized Sick Days

The Ministry of Education has clarified its position, stating that it will not recognize the legality of sick leave taken under organized conditions. Teachers who claim sick days under such arrangements will not be compensated, as these days may be considered part of a “coordinated illness.” Regulations on sick leave allow for the issuance of a sick leave certificate from a health fund for a limited number of days based solely on the employee’s self-declaration, rather than requiring a doctor’s approval. However, a worker who submits a false declaration indicating illness while they are fit to work may face disciplinary action and potential charges of fraud.

Legal Implications and Historical Rulings

Recent judgments have underscored that submitting fraudulent sick leave could constitute a serious breach of workplace conduct, leading to dismissal without severance pay, even for isolated incidents. A notable case involved a former employee of the “Yediot Aharonot” newspaper, who submitted fictitious sick leave while attending studies elsewhere. The court found them guilty of employing a double standard, illustrating that the individual’s actions—claiming to be “ill” to avoid work while attending a different engagement—amounted to deceit.

Furthermore, collective organized illness among thousands of teachers may not be recognized as legitimate sickness but rather as a collective action akin to a strike. Legally, actions such as collective resignations do not terminate employment relationships and are deemed organizational steps similar to a strike. Courts have established that a strike constitutes any coordinated disruption of normal work operations, aimed at pushing employers to meet the demands of workers.

Conclusion

In scenarios where the Teachers’ Union does not endorse local strikes, actions by educators through organized sick days may be classified as illegal strikes. Consequently, such actions will not entitle teachers to compensation under sick leave regulations. The implications of these actions raise significant legal questions regarding the balance between the right to protest and compliance with workplace regulations.

As the situation unfolds, the teachers’ demand for equitable salary practstarts remains a central issue in the educational sector, with legal interpretations likely to shape the future of their collective bargaining efforts