Sair em Áustria

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, incluindo licença anual mínima, calendários de feriados públicos, direitos a licença médica e durações e salários de licença parental, 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.

Direitos e Regulamentos de Licença Anual de Férias

In Austria, employees are legally entitled to paid annual leave. The amount of leave an employee receives depends on their length of service.

• Direito Mínimo: 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.
• Direito Aumentado: 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).
• Acúmulo: 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, o direito completo acumula-se a partir do início do ano de trabalho.
• Reconhecimento de Serviço Anterior: 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.
• Acordo sobre o Timing: Employees and employers must agree on when annual leave is taken. Employers cannot unilaterally send employees on leave.
• Doença Durante a Licença: 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.
• Transferência: Unused annual leave can generally be carried over for up to two years after the year in which the entitlement arose.
• Pagamento na Rescisão: Any unused leave must be paid out when the employment relationship terminates.

Feriados e Observâncias

Austria observa uma série de feriados nacionais, durante os quais os funcionários têm direito a folga remunerada. Se um feriado cai no fim de semana, geralmente não é transferido para um dia de semana.

Aqui está uma lista dos feriados nacionais na Áustria para 2026:

Data	Dia da Semana	Nome do Feriado
1 de janeiro	quinta-feira	Ano Novo
6 de janeiro	terça-feira	Epifania
6 de abril	segunda-feira	Segunda de Páscoa
1 de maio	sexta-feira	Dia do Trabalho
14 de maio	quinta-feira	Ascensão
25 de maio	segunda-feira	Corpus Christi
4 de junho	quinta-feira	Corpo de Cristo
15 de agosto	sábado	Assunção de Nossa Senhora
26 de outubro	segunda-feira	Dia Nacional
1 de novembro	domingo	Dia de Todos os Santos
8 de dezembro	terça-feira	Imaculada Conceição
25 de dezembro	sexta-feira	Natal
26 de dezembro	sábado	Dia de Santo Estêvão

Observação: Alguns estados austríacos podem observar feriados regionais adicionais.

Políticas de Licença Médica e Pagamento

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.

• Notificação: Employees must notify their employer immediately of their illness.
• Certificado Médico: A medical certificate is generally required for sick leave, especially if the illness lasts longer than three calendar days.
• Direito ao Pagamento: 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).

Tempo de Emprego	Pagamento Integral (Empregador)	Pagamento Meio (Empregador)
Até 1 ano	6 semanas	4 semanas
2-15 anos	8 semanas	4 semanas
16-25 anos	10 semanas	4 semanas
26+ anos	12 semanas	4 semanas

• Cobertura do Seguro Social: 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.
• Recorrência de Doença: If an employee becomes sick again within 13 weeks of recovery, the previous sick leave period may count towards their total entitlement.
• Direito a Férias: Employees on long-term sick leave do not lose their holiday entitlement.

Licença Parental (Maternidade, Paternidade, Adoção)

Austria provides comprehensive parental leave provisions to support new parents.

Licença de Maternidade (Mutterschutz)

• Duração: Expectant mothers are entitled to a minimum of 16 weeks of maternity leave. This period includes an absolute prohibition from working for oito semanas before the expected due date and eight semanas after the birth.
• Licença Estendida: In cases of premature birth, multiple births, or Caesarean sections, the post-natal leave period is extended to 12 weeks.
• Pagamento: 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.

Licença de Paternidade (Papamonat / Väterkarenz)

• Duração: 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.
• Notificação: Employees must notify their employer at least three months in advance to take this leave.
• Pagamento: This leave is typically unpaid by the employer, but the employee may receive payment through the social security system.

Licença Parental (Karenz)

• Duração: Parental leave begins after maternity leave ends and can be taken until the child turns two years old (24 months).
• Licença Compartilhada: 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.
• Flexibilidade: 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.
• Pagamento: 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.
• Trabalho Parcial Parental: Parents also have the option to reduce their working hours (parental part-time work) until the child's eighth birthday, under certain conditions.

Licença de Adoção

• Adoptive parents in Austria are entitled to parental leave under the same conditions and regulations as biological parents.

Outras Tipos de Licença

Beyond the primary categories, Austrian law and common practice recognize several other types of leave.

• Licença de Cuidado (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.
• Licença de Cuidados Familiares (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.