ÖGB clarifies important labor law issues

The summer vacation wave is in full swing. Many workers: inside treat themselves to an extensive, well -deserved break. However, thousands of disease thwarts the invoice and you have to guard the bed.

Numerous employees are currently turning to the ÖGB and the unions because they are unsettled, how they should behave or what happens to their vacation because they are ill during their days off.

ÖGB labor law expert Verena Weilharter delivers the most important answers on the topic: sick on vacation.

“If you get sick on vacation, you cannot recover – therefore the law regulates: if you get sick during your vacation and take more than three calendar days, then no vacation days are used. The days on which you are or was sick are booked back on the holiday account. But it is important here that the employer is informed about the entry of an illness and also obtained a medical confirmation. Go-not only to be treated, but also to obtain a medical confirmation of incapacity to work, ”says ÖGB working law expert Verena Weilharter. The confirmation must be submitted when you start your service again so that the vacation days are retained.

Important regulation: vacation days in the event of illness reimbursed

Sometimes a bit complicated in practice, but the regulation is important that sick leave must last at least three calendar days. An example: If an employee falls ill during a two-week vacation with a normal 5-day week (Monday to Friday are working days) from Friday to Monday, there is an illness of four calendar days. The days on which you usually work, i.e. at a five-day week from Monday to Friday, are not considered vacation days-in this case Friday and Monday.

Vacation is not automatically extended

It is also important to know that “you cannot simply attach sick days at the end of the vacation. The vacation is not extended for the day of sick leave. It ends at the originally agreed date and can only be made up for with another vacation agreement,” says Weilharter.

This applies to vacation abroad

The same applies if you go on vacation outside of Austria and get sick, but there is a special feature: If you were with a doctor abroad, after returning in addition to the medical confirmation of the incapacity to work, you also have to submit an official confirmation from which it has to be issued by an approved doctor (especially if she is not in German).

This confirmation can be issued, for example, by an Austrian authority in the holiday country (consulate or message). There is also an exception to this: This additional official confirmation is not needed if you have been treated in a hospital and the confirmation of sick leave was issued directly there.

“Whether you can go to the doctor with your e-card abroad and the costs are completely covered by social security depends on the respective holiday country,” said Labor Law expert Weilharter. It therefore makes sense to find out about it with Austrian social security beforehand. (Information here too: https://tinyurl.com/yrsdh4k3)

In any case, you need a European health insurance card (EKVG) that can be found on the back of the E-Card. The EKVG must be completely filled out and must not have expired.

Further information on this too http://tinyurl.com/25ktrv2u

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