In light of the launch of Operation “Lion’s Roar” and its implications for the world of work, please find below guidance on urgent issues faced by employers.
Declaration of a Special State of Emergency on the Home Front and Home Front Command Directives
On 28.2.2026, the Minister of Defense declared a Special State of Emergency on the Home Front throughout the entire country, pursuant to the Civil Defense Law, 5711-1951. By virtue of this declaration, the public and employers must act in accordance with the Home Front Command directives, which are updated from time to time (typically every two days).
As of this date and until Monday, 2.3.2026 at 20:00, the directives are as follows: remain near protected spaces and follow the Home Front Command directives; do not hold gatherings or provide services in open areas or in buildings; do not conduct activity at workplaces; and do not conduct educational activities. Accordingly, attendance at workplaces is not permitted, except at workplaces excluded from these directives under the definition of an “essential economy” and subject to Home Front Command directives.
What is an “Essential Economy” in the Current Operation
In the current operation, the “essential economy” that is excluded from the directives applicable to ordinary employers includes: (a) an essential plant; and (b) production factors, resources, services, materials or supplies and activities essential to sustaining the population, the war effort, and the economy, if defined as such by government ministries or the designated authorities as an essential service.
The National Emergency Authority published the list of “work sectors in the essential economy” – click here to access. The essential economy includes (inter alia), and subject to the detailed definitions set out therein, sectors and sub-sectors in the following fields: defense (as defined by the Emergency Division at the Ministry of Defense); energy (electricity, renewable energy, fuels and natural gas and LPG); water and sewage; communications (including internet service providers, data transmission services, gateway sites, essential news broadcasting); health (hospitals and HMOs, clinics, imaging and laboratories, medicines and medical equipment, logistics and centers); food and agriculture (production, import, transport, storage and supply, as well as retail sale in marketing chains; agriculture and farms and the value chain); welfare services; National Insurance (including community nursing system and ancillary service providers); transport and logistics (public transport, taxis, border crossings, aviation, ports, transport and storage); housing and accommodation; environmental protection (waste, monitoring and pollution); hotels for population absorption; religious and burial services; education for the purposes of remote learning and population absorption; the Population and Immigration Authority; postal and courier services; public administration, designated authorities, government companies and local authorities; financial services and capital markets; tax and customs (including “Global Gate” and the Compensation Fund/Property Tax); hi-tech; preferred enterprises; construction (including the supply chain); industry and manufacturing; and “other” such as building maintenance services (safety, elevators, plumbing, electrical work, cleaning and sanitation).
It is emphasized that each sector in the document also includes the supply chain (all supporting entities), including service providers engaged under contracts in an emergency. An employer that is part of the essential economy must inform its employees accordingly. Where there is any doubt, it is recommended to conduct a careful examination (including with the relevant government authority and, if needed, legal consultation), and not to rely on the above as an exhaustive definition or as a substitute for reviewing the document.
How to Determine Whether a Workplace is Recognized as an Essential Plant / a Plant Providing Essential Services
A workplace approved as a plant providing essential services or as an essential plant holds relevant approval from the Ministry of Labor. It is the plant’s responsibility to update all employees that the plant is defined as such and that it holds a valid approval.
In addition, it is possible to check whether a plant has been approved as a plant providing essential services or as an essential plant via the search engine on the Emergency Manpower Division website (by entering the company number, plant number, or plant name). Note that the search engine does not include plants of the defense establishment and plants that are authorized dealers. In addition, an employee can check with the employer whether they are included in the list of essential employees held by the Ministry of Labor.
Essential Plant – Duty to Report, Work Service Call-Up Order, and Criminal Aspects
An individual who has been issued a call-up order for work service must report for work, either physically or remotely, at the employer’s discretion. Failure to report for work at an essential plant may, prima facie, constitute a criminal offense.
Who is Exempt from the Duty to Report for Work Service
The duty to report for work service does not apply, inter alia, to:
- A police officer.
- A soldier, including a reservist serving under an order pursuant to Section 8 of the Reserve Service Law.
- A pregnant woman or a woman within one year after giving birth.
- A person who has not yet reached the age of 16, or who has reached retirement age as defined in the Retirement Age Law, 5764-2004.
When calling up a woman who is a mother of children under her care for work service, account shall be taken of difficulties that may be caused to the woman in caring for her children and providing for them.
Work Activity and Operation of an Essential Plant – Operational and Safety Limitations
A workplace defined as an essential plant operates subject, inter alia, to the following limitations:
- The existence of alert systems.
- Proper functioning of protective measures.
- The existence of means for providing information.
Employees at essential plants may continue to work in an area declared to be under a “Special State of Emergency on the Home Front,” in accordance with the Home Front Command’s civil defense directives, including with respect to working in open areas.
Permitted Absence
“Permitted absence” is an absence in accordance with the Home Front Command directives applicable at the time of the absence. At present, since activity at workplaces is not permitted nationwide, an employee is permitted to be absent from the workplace, except in an essential plant/essential service that has been lawfully excluded and has instructed employees to report.
Prohibition on Dismissal and Scope of Protection
- An employee may not be dismissed due to non-performance of work or failure to report for work as a result of Home Front Command directives given while a Special State of Emergency on the Home Front has been declared.
- An employee may not be dismissed due to absence for the purpose of supervising a child up to age 14 (or 21 if the child has special needs) when the educational framework is closed, provided that one of the following applies:
- The child is in the employee’s exclusive custody, or the employee is a single parent; or
- The employee’s spouse did not miss themselves from their work/business/profession for the purpose of supervising the child, and if the spouse did not miss themselves – they were unable to supervise the child.
If the workplace offers adequate arrangement for supervising the child, the protection will not apply, and the employee will not be protected from dismissal if they choose to be absent.
- Protections for reserve duty service members and their spouses remain in effect.
Salary During Absence in a Special State of Emergency on the Home Front
The issue of salary payment for such absence is not regulated by law. However, in the past, in various previous rounds of hostilities, rights to salary payment were regulated retroactively in collective agreements that were extended by extension orders, sometimes alongside compensation mechanisms for employers (including temporary provisions under property tax and National Insurance).
Employees who were absent from the workplace not in accordance with Home Front Command directives (for example, due to fear/anxiety alone) are not entitled to salary and, apparently, will also not be included in arrangements that may be signed retroactively. At the same time, an employee who provides a medical certificate, even if issued due to anxiety, must be respected and sick pay must be paid in accordance with law and workplace practice.
Possible Solutions
- Allow remote work, fully or partially – the Ministry of Labor recommends enabling work from home to the extent possible. The employer has the prerogative to decide whether to allow work from home, and any decision must be made in good faith while considering employees’ needs alongside the employer’s needs.
- Place employees on vacation – it is possible to impose compelled vacation without prior notice of up to 7 calendar days (for those with accrued balance). By agreement, it is possible to impose a longer vacation or to move into negative balance (recommended to document in writing).
Advantage – the employee receives regular ongoing payment and remains committed to the workplace (whereas without being placed on vacation, at this stage they would not have been entitled to salary). No approval is required to place an employee on vacation of up to 7 days. In addition, in previous arrangements, vacation days deducted were restored retroactively (instead of providing retroactive compensation).
Disadvantage – continuing to pay salary as normal without receiving work output may create cash flow difficulties. In addition, it involves full salary payment, whereas in retroactive arrangements there was a cap on compensation provided retroactively to employees (mainly relevant for very high earners).
- Unpaid leave (UL) – requires the employee’s consent and is subject to statutory limitations on placing employees on unpaid leave (pregnancy, fertility treatments, reserve duty, spouses of reserve duty service members).
Advantage – eases employers’ cash flow.
Disadvantage – may lead to employee attrition; employees may be left without income during a period of economic uncertainty (no relief has yet been determined for receiving unemployment benefits during unpaid leave as was set in previous emergency operations). In addition, unpaid leave requires consent and there are protected populations that cannot be placed on unpaid leave without obtaining prior permit (pregnancy, 60 days after maternity leave, fertility treatments, reserve duty).
- Other options for providing employee benefits – advance payments, vacation days at the employer’s expense, providing a solution for childcare (to the extent that operating informal frameworks is permitted under Home Front Command directives and subject to the gathering limitation).
It is recommended to classify the absence days in the payroll system as “vacation due to security situation” and “unpaid leave due to security situation,” in order to enable classification of the reason for the absence retroactively.
Additional Populations – Key Notes
- A guardian who is not a parent – as a rule, the dedicated protections under the Emergency Protection of Workers Law due to closure of an educational institution apply to a parent of a child (up to age 14 or up to 21 with special needs), and not necessarily to a guardian who is not a parent.
- Sole caregiver for a dependent parent – eligibility for absence should be examined under the Sick Pay Law (absence due to illness of a parent), subject to the conditions of the law.
- Disability – if an employee cannot reach work due to Home Front Command directives, it is prohibited to dismiss them; if Home Front Command directives permit attendance but the employee cannot attend due to their disability, dismissal may be considered unlawful discrimination.
Appendices
We attach for your review a link to a Ministry of Labor Q&A document dated 28.2.2026 regarding employee rights following the declaration of a Special State of Emergency on the Home Front.
This memo includes general information only and does not constitute legal advice or a substitute for legal advice. This memo is provided as a service to our clients, with the clarification that, in any specific case, a separate discussion should be conducted on its merits.
Our office is at your disposal for any questions at: LaborLaw@shibolet.com, and we will continue to update you on developments and relevant changes.
