In March last year legislation governing "special care leave" for employees with care obligations for children up to 14 years was enacted in the context of the Covid crisis (in our contribution of 23 March 2020 information was provided about this). This measure was initially introduced for a limited period of time but has so far been extended three times since its introduction (Phases 2-4; in our article of 06 April 2020 information was posted about this). Phase 4 ended on 09 July 2021. Phase 5 will now follow. The special care period is regulated in Sec. 18b of the Austrian Employment Contract Law Harmonization Act (AVRAG).
Here are the most important new provisions at a glance:
- Phase 5 applies retroactively to the period from 01 September 2021 and through to 31 December 2021.
- Continued pay for periods of leave of absence and nursing leave during the period from 01 September 2021 through 12 October 2021 (a period which was not regulated) may be eligible for compensation payable to the employer as special care leave under certain circumstances (see below)
- Maximum duration: 3 weeks
Detailed provision:
Phase 5 is coming into force with retroactive effect from 01 September 2021 and will apply through to 31 December 2021. In Phase 5, the main requirements and modalities remain the same as in previous phases. Employees may take special care leave for a maximum period of three weeks.
Employers are generally entitled to compensation from the federal government for the remuneration paid to employees during the special care leave. The application for compensation must be filed within six weeks from the end of the special care leave period and compensation is limited to the maximum monthly contribution base under the Austrian General Social Security Act (ASVG).
As in the previous phases, white-collar workers, blue-collar workers, apprentices and marginal part-time workers are eligible, quasi-freelancers are not covered by the provision.
Another restriction is that parents who are eligible cannot both take special care leave at the same time.
It is a prerequisite that the person who requires care is a "relative"; moreover, the person has to be a child under the age of 14, a relative with disabilities or a relative in need of care. The term "relative" is broadly defined, also including relatives once or twice removed (e.g. cousins, great-aunts, ...) or related by affinity.
If there is no entitlement to time off work for care or special care leave, special care leave can still be agreed with the employer. In this case, too, employers are entitled to compensation from the federal government for the remuneration paid to employees during the special care leave out of the COVID-19 crisis management fund
For the period from 01 September 2021 through 12 October, it is possible to claim compensation for certain continued salary payments during leaves of absence or special care leave periods which have already been used if the requirements are met.
We will be happy to answer any questions you may have and to advise you in specific individual cases.