The complainant is employed as a kindergarten teacher by the Ministry of Education. She complained to the Office of the Ombudsman about the refusal of the Ministry of Education to allow her a shortened workday due to her husband's reserve duty. The complainant claimed that the Ministry of Education had told her that the shortened workday to which the wives of reserves were entitled did not apply to kindergarten teachers.[1]
In response to the Office of the Ombudsman's inquiry, the Ministry of Education supervisor informed the complainant that she was entitled to a shortened workday, which, in accordance with her employment status, totaled two hours per week. The complainant pointed out to the supervisor that because of the difficulty in finding a substitute kindergarten teacher for two hours a week, she wished to take advantage of the benefit in an alternative fashion, either in the form of additional pay or the conversion of the hours that had accumulated into vacation days.
The supervisor agreed for the complainant to accumulate the hours and convert them into one vacation day every fortnight. The complainant acted accordingly, but after some time the supervisor informed her that the Ministry of Education did not approve of the arrangement, and that the complainant was not permitted to accumulate the hours of the shortened workday or receive payment instead of them.
The Office of the Ombudsman contacted the Ministry of Education once again and requested that the latter find a solution for enabling the complainant to receive the benefit to which she was entitled. The Ministry of Education subsequently notified the Office of the Ombudsman that it would allow the complainant to accumulate the hours and receive vacation days instead of them, and that the arrangement would apply retroactively on condition that the complainant provided the Ministry of Education with written confirmation of her husband's periods of reserve duty.
The Ministry of Education also notified the Office of the Ombudsman that it would apply the arrangement to all eligible kindergarten teachers employed by it.
[1] According to the Women's Work Law, 5714-1954, female workers and male workers who have children aged under 13 are entitled to be absent from work an hour a day for the period during which their spouses are in reserve duty (duty lasting at least five days).