Employment 2025

AUSTRIA Law and Practice Contributed by: Johannes Edthaler and Christina Hödlmayr, Edthaler Leitner-Bommer Schmieder & Partner Rechtsanwälte GmbH

corresponding working days. From the 26th year of service with the same employer, the amount of leave increases to six weeks. Under certain conditions, cer - tain periods of previous service may already be taken into account for the leave entitlement. Leave entitlement generally expires after two years from the end of the leave year in which it arose. Holiday Pay During leave, an employee is entitled to continued pay - ment of remuneration (holiday pay), even if no work is performed. Holiday pay includes the basic wage/base salary and other remuneration (eg, bonuses, commis - sions, allowances and overtime) on average. Entitlement in the Event of Illness If an employee cannot work for health reasons that were not their fault or caused through gross negli - gence, he/she is entitled to continued payment of remuneration for six weeks per working year. The entitlement to continued payment of remuneration increases to up to 12 weeks depending on the dura - tion of the employment relationship. For each addi - tional four weeks, the employee remains entitled to half pay. The other half is covered by social insurance. After the period of continued payment of remunera - tion, sickness benefits from social insurance are due. Entitlement in the Event of an Occupational Accident If an employee is prevented from performing his/her work due to an accident at work or occupational dis - ease, he/she shall retain his/her entitlement to remu - neration for up to eight weeks per working year. The entitlement to remuneration shall be increased to ten weeks if the employment relationship has lasted for 15 years without interruption. Care Leave An employee shall be entitled to continued payment of remuneration up to the maximum of his/her regu - lar weekly working hours if, after commencement of employment, he/she is absent from work as a result of:

• nursing leave (care required for a close relative, who is ill – living in the same household is not required); • nursing leave (care for a sick person with whom one is not related but who lives in the same house- hold); • care leave (care required for one’s child, if the responsible caregiver is unavailable); or • accompanying leave (accompaniment of a child under ten years old by the parents during inpatient hospitalisation). Legal Entitlement to Time Off to Accompany Children During Rehabilitation Since 1 November 2023, employees are entitled to up to four weeks’ leave per year to accompany their child, who is not yet 14 years old, during rehabilita - tion. From the notification of the claim until the expiry of four weeks after the end of the rehabilitation leave, the employee is under special protection against ter - mination and dismissal. Employees are entitled to care leave benefits during this time. Maternity Leave Protection period for expecting mothers As a general rule, expectant mothers are prohibited from working eight weeks before their child’s due date. This employment restriction typically continues for eight weeks following the birth. In the case of pre - mature or multiple births, or caesarean section, the period is extended to twelve weeks. If the pre-birth non-working period is reduced, an equivalent exten - sion is granted post-birth, but up to a maximum of 16 weeks. During this time, they receive a maternity allowance from the Austrian Social Insurance. The employer does not pay any remuneration during the protection period. Parental Leave Mothers or fathers are entitled to take parental leave up to the day before their child’s second birthday. This is in addition to the maternity leave. It is possible to apply for childcare allowance during maternity leave as mothers or fathers do not receive any remuneration from the employer during that period.

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