Psak: Wives of Kollel Yungeleit May Use Sick Leave to Care for Ill Child
Amid a recent halachic debate circulating in the batei medrash of the kollelim over whether the wife of a kollel avreich may use sick days from work when a child is ill, a comprehensive halachic opinion has now been issued permitting the practice in most cases.
The ruling was authored by Rav Tzvi Braverman, who concluded that in the vast majority of situations a wife of an avreich may legitimately receive sick-leave pay when she remains home to care for a sick child.
The issue arose because Israeli law allows workers to use sick days to care for an ill child only when both spouses are defined as “workers.” Under the strict wording of the law, the wife of a kollel avreich would seemingly not qualify for such leave, since her husband is not formally classified as an employee.
In his halachic analysis, Rav Braverman identifies three central factors that allow such payments to be permitted.
The primary consideration, he writes, is the principle of minhag hamedinah — the accepted practice in the marketplace. In practice, most employers do not enforce the technical legal requirement in such situations. As explained in the Shulchan Aruch, established custom in employment arrangements is binding and can even override strict legal formulations, certainly those found in civil law.
Another factor involves the declaration employees sometimes submit after an absence, stating their spouse’s occupation. When an employer does not request such a declaration, it is considered a waiver of that requirement. Moreover, in many cases employers are already aware that the employee’s husband is an avreich through information provided in employment forms or salary records, yet they still allow the use of sick days.
Nevertheless, Rav Braverman notes that if an employer explicitly insists on strict adherence to the law, the matter may require consultation with a competent posek in each individual case.
By contrast, government employees who work under the taksheer regulations do not face this dilemma. Within that framework, the wives of avreichim are explicitly recognized as having spouses who are considered “workers” for the purpose of using sick days to care for an ill child.
The teshuvah also notes that chareidi members of the Knesset previously attempted to formalize this status through legislation that would define avreichim as workers for this purpose, but the initiative never advanced into binding law.
{Matzav.com}
