Austria's robust labor laws prioritize employee well-being and work-life balance, offering comprehensive leave entitlements that are among the most generous in Europe. For businesses operating or expanding into Austria, understanding these policies is crucial for compliance and fostering a positive work environment. These entitlements cover various situations, from annual holidays and public observances to specific provisions for illness, parental responsibilities, and other personal circumstances.
Navigating the nuances of Austrian leave policies, including minimum annual leave, public holiday schedules, sick leave entitlements, and parental leave durations and pay, ensures that employers meet their legal obligations and support their workforce effectively. Collective bargaining agreements in certain industries may even provide more favorable conditions than the statutory minimums, making it essential for employers to be aware of all applicable regulations.
Annual Vacation Leave Entitlements and Regulations
In Austria, employees are legally entitled to paid annual leave. The amount of leave an employee receives depends on their length of service.
- Minimum Entitlement: Employees are entitled to a minimum of five weeks (25 working days, based on a five-day work week) of paid annual leave per year. If calculated based on a six-day work week (Monday-Saturday), this amounts to 30 working days.
- Increased Entitlement: After 25 years of service, the annual leave entitlement increases to six weeks (30 working days, or 36 working days for a six-day week).
- Accrual: New employees accrue annual leave at a rate of two working days per month. After six months of employment, employees are entitled to their full pro-rated annual leave allowance. From the second year of employment onwards, the full entitlement accrues from the beginning of the working year.
- Prior Service Recognition: Up to 12 years of prior service in other jobs and periods of education can be credited towards the 25-year service requirement, reducing the time needed with the current employer to 13 years to reach the six-week entitlement.
- Agreement on Timing: Employees and employers must agree on when annual leave is taken. Employers cannot unilaterally send employees on leave.
- Illness During Leave: If an employee falls ill for more than three calendar days while on annual leave, those sick days do not count as annual leave. The employee must report the illness to the employer immediately after the third day of absence and provide a medical certificate.
- Carry-over: Unused annual leave can generally be carried over for up to two years after the year in which the entitlement arose.
- Payment on Termination: Any unused leave must be paid out when the employment relationship terminates.
Public Holidays and Observances
Austria observes a number of national public holidays, during which employees are entitled to paid time off. If a public holiday falls on a weekend, it is not typically moved to a weekday.
Here is a list of national public holidays in Austria for 2025:
Date | Day of Week | Holiday Name |
---|---|---|
January 1 | Wednesday | New Year's Day |
January 6 | Monday | Epiphany |
April 21 | Monday | Easter Monday |
May 1 | Thursday | Labour Day |
May 29 | Thursday | Ascension Day |
June 9 | Monday | Whit Monday |
June 19 | Thursday | Corpus Christi |
August 15 | Friday | Assumption of the Virgin Mary |
October 26 | Sunday | National Day |
November 1 | Saturday | All Saints' Day |
December 8 | Monday | Immaculate Conception |
December 25 | Thursday | Christmas Day |
December 26 | Friday | St. Stephen's Day |
Note: Some Austrian states may observe additional regional holidays.
Sick Leave Policies and Pay
Employees in Austria are entitled to paid sick leave in the event of illness or injury. The duration of full and half pay depends on the employee's length of service.
- Notification: Employees must notify their employer immediately of their illness.
- Medical Certificate: A medical certificate is generally required for sick leave, especially if the illness lasts longer than three calendar days.
- Pay Entitlement: The employer covers the initial period of sick pay. After this period, employees may be entitled to partial pay from the health insurance system (ÖGK).
Length of Employment | Full Pay (Employer) | Half Pay (Employer) |
---|---|---|
Up to 1 year | 6 weeks | 4 weeks |
2-15 years | 8 weeks | 4 weeks |
16-25 years | 10 weeks | 4 weeks |
26+ years | 12 weeks | 4 weeks |
- Social Security Coverage: After the employer's obligation for full and half pay ends, employees may receive sick pay from the Austrian Health Insurance Fund (ÖGK), typically at 50% of their salary, for up to 26 weeks, or potentially 52 weeks if they have had health insurance for at least six months in the previous twelve months.
- Illness Recurrence: If an employee becomes sick again within 13 weeks of recovery, the previous sick leave period may count towards their total entitlement.
- Holiday Entitlement: Employees on long-term sick leave do not lose their holiday entitlement.
Parental Leave (Maternity, Paternity, Adoption) Entitlements
Austria provides comprehensive parental leave provisions to support new parents.
Maternity Leave (Mutterschutz)
- Duration: Expectant mothers are entitled to a minimum of 16 weeks of maternity leave. This period includes an absolute prohibition from working for eight weeks before the expected due date and eight weeks after the birth.
- Extended Leave: In cases of premature birth, multiple births, or Caesarean sections, the post-natal leave period is extended to 12 weeks.
- Pay: During maternity leave, mothers receive a maternity allowance (Wochengeld) from the social security system. This allowance is based on the average earnings over the previous 13 weeks before the leave begins.
Paternity Leave (Papamonat / Väterkarenz)
- Duration: Fathers are entitled to up to one month of unpaid paternity leave, often referred to as "Daddy Month" (Papamonat). This leave can be taken anytime from the child's birth up to their second birthday.
- Notification: Employees must notify their employer at least three months in advance to take this leave.
- Pay: This leave is typically unpaid by the employer, but the employee may receive payment through the social security system.
Parental Leave (Karenz)
- Duration: Parental leave begins after maternity leave ends and can be taken until the child turns two years old (24 months).
- Shared Leave: To take parental leave until the child is 24 months old, both parents must take at least two months of leave each. If only one parent takes parental leave, it is generally limited to 22 months. Single parents or where only one parent is entitled to parental leave (e.g., due to self-employment of the other parent) can take the full 24 months.
- Flexibility: Parents can switch who is on leave several times, but each block of leave must be at least two months. Generally, both parents cannot take parental leave at the same time, with an exception for one month during the first time they alternate leave.
- Pay: During parental leave, parents are entitled to payment under the Child Care Payment Act (Kinderbetreuungsgeld) from the social security system. The amount and duration of this benefit vary depending on the chosen model.
- Parental Part-time Work: Parents also have the option to reduce their working hours (parental part-time work) until the child's eighth birthday, under certain conditions.
Adoption Leave
- Adoptive parents in Austria are entitled to parental leave under the same conditions and regulations as biological parents.
Other Types of Leave
Beyond the primary categories, Austrian law and common practice recognize several other types of leave.
- Care Leave (Pflegefreistellung): Employees are entitled to paid leave to care for a sick family member living in the same household. This is typically one week per calendar year. An additional week may be granted if the child being cared for is under 12 years old. This entitlement has been expanded to include care for non-relatives living in the same household.
- Family Hospice Leave: Employees have a statutory right to take up to six months of family hospice leave to care for terminally ill family members or severely ill children. This can be extended to nine months for severely ill children. This leave is typically unpaid, but low-income families may claim subsidies.
- Bereavement Leave: Employees are typically entitled to 1 to 3 days of paid leave for bereavement purposes, depending on their relationship to the deceased. Immediate notification to the employer is required.
- Study/Educational Leave (Bildungskarenz): Employees can request leave for further education after six months of uninterrupted employment. This leave must be agreed upon with the employer and can range from a minimum of two months to a maximum of one year within a four-year period. It can be taken in parts, with each part lasting at least two months. During this period, employees do not receive salary from their employer but may receive an educational leave allowance from the Public Employment Service (AMS), which is roughly equivalent to unemployment benefits, provided certain conditions are met, such as proof of training success. Note: As of early 2025, there have been discussions about the potential abolition of educational leave as part of budget consolidation measures, which could lead to future legislative changes.
- Marriage Leave: Employees may be entitled to 1 to 3 days of paid leave for their own marriage, often specified in collective bargaining agreements or employment contracts.
- Jury Duty/Civic Duty Leave: Employees may be entitled to leave for jury duty or other civic duties.
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