Employment 2025

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

5.2 Sabbaticals In Austria, “sabbatical” is not a legally defined term, but a term that has arisen in practice for different forms of professional leave. A sabbatical is usually understood as a long-term leave agreed between the employee and the employer. The following contractual bases are possible as legal bases for long-term leave in the form of a sabbatical. Agreement on Unpaid Leave In this context, it should be noted that compulsory insurance continues during unpaid leave of up to one month. This is subject to the condition that the employment relationship is not terminated during this period. If the unpaid leave is agreed for longer than one month or if the employment is not continued after the end of this month, the insured person shall be deregistered as of the day before the start of the unpaid leave. Agreement on Educational Leave In Austria, the current scheme of educational leave will be replaced by the new “educational time” model from 2026 onwards. Educational time can be agreed between the employer and the employee after at least one year of employment (or 12 months within the last 24 months and at least three months immediately prior to commencement in seasonal businesses). The leave may last for a minimum of two months up to one year without pay. During this period, employees are entitled to an edu - cational allowance, provided they meet the eligibility requirements under unemployment insurance law and complete further training. Under the new regime, the minimum training requirement is increased to 20 hours per week (16 hours in the case of childcare obliga - tions). In the case of university studies, at least 20 ECTS (European Credit Transfer and Accumulation System) credits must be earned (16 with childcare obligations). Attendance obligations are strengthened, with a focus on seminar-style courses in-person or live-online, and employees must provide proof of par - ticipation. Further innovations include mandatory educational counselling before applying for the allowance, an

Employers and employees cannot unilaterally impose telework. Any agreement must be made in writing. Collective bargaining agreements may provide for framework conditions of telework; however, these provisions only apply if they are more favourable than the statutory rules. Framework conditions may also be agreed by works agreements, in particular regarding the provision and private use of work equipment, cost reimbursement, or a right to return to on-site work. Employees in telework remain “regular employ - ees” under Austrian labour law. All employment law provisions fully apply, including working time rules, holiday entitlement, parental leave, and equality law. Employers are obliged to provide the necessary digital work equipment (such as laptop, phone, and internet access). If employees use their own devices, they are entitled to reimbursement of reasonable and neces - sary costs, which may also be paid in the form of lump sums. The same data protection obligations apply in tele - work as in the office, including requirements for data security and confidentiality. Employers and labour inspectors may not enter employees’ homes to ver - ify compliance without the employee’s consent. The Employees’ Liability Act applies to telework, extend - ing liability relief to damages caused by household members or pets during telework. Austrian Social Security Regulations for Cross- Border Home Office Work In principle, the “normal” provisions of Regulation (EC) No 883/2004 apply in relation to other EU/EEA states. This means that if the employee works at home for at least 25% of the time, the employee’s country of residence is responsible for social insurance. The EU is currently working on a pan-European solution to facilitate cross-border telework. In the absence of current legal regulations, the frame - work conditions for mobile work are to be agreed between the employee and the employer. However, the government is currently considering whether the regulations for home office should now also be extended to mobile working.

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