The implementation of the European Union directive on work-life balance for parents and caregiving relatives will lead to several important legal changes in Austria, effective from November 1, 2023. This includes changes in the areas of care leave and family hospice leave.
You can find more information about the changes related to parental leave at Update: Change in parental leave.
Changes related to parental part-time work – entitlement period, reasons for rejection, and protection against dismissal for motivation
The entitlement period for parental part-time work will be extended until the child reaches 8 years of age. The maximum duration of parental part-time work remains 7 years in the case of the statutory option (referred to as "large parental part-time").
For the agreed parental part-time work option (referred to as "small parental part-time"), employers will be required to provide a written justification for rejecting the request for part-time work in the future. This is not something that employees have to claim but is an absolute obligation for employers. The reason for rejection needs to be stated in a general manner, such as the impossibility of organizational compensatory measures. The law does not specify a particular deadline for this written justification.
If parental part-time work extends beyond the child's 4th birthday or commences after the child's 4th birthday, a termination of employment can now be challenged in court due to an intended or actual part-time employment (motivation dismissal protection). Upon the written request of the employee, the employer is required to provide a written justification for the termination. The employee must make the request for a written justification within five calendar days from the date of receiving the termination notice; and the employer must provide the written justification within five calendar days from the date of receiving the request. Failure to comply with this requirement may result in the exclusion of the right to a written justification.
Changes regarding deferred leave - justification for rejection and protection against dismissal for specific reasons
In the future, the employer will be obligated to provide a written justification for rejecting an agreement on the deferment of leave. The justification for rejection must be given within 2 weeks from the moment the parent announces their intention to defer the leave. Furthermore, there is an obligation to provide a written justification for the rejection of the specific starting date of the deferred leave, which must also be provided within 2 weeks from the parent's announcement of the desired starting date. Deferred leave will now also be subject to protection against dismissal for specific reasons. Termination of employment due to an intended or actual use of deferred leave can be challenged in court. Upon the written request of the employee, the employer is required to provide a written justification for the termination. The employee must make the request for a written justification within five calendar days from the date of receiving the termination notice, and the employer must provide the written justification within five calendar days from the date of receiving the request. However, the absence of a written justification will not affect the legal validity of the termination.
Extended protection against dismissal for specific reasons and the requirement for a written justification
The mentioned change to the protection against dismissal for specific reasons and the obligation to provide a written justification will also apply in the future in connection with the following employee entitlements:
- Care leave
- Reintegration part-time work
- Educational leave and educational part-time work
- Caregiver part-time work
- Care leave and caregiving part-time work
Changes regarding care leave and caregiving part-time work - justification for rejection.
In the future, if the employer rejects a request from the employee for care leave or caregiving part-time work, they must provide a substantive and written justification for the rejection or deferral, especially if the employee does not have a legal entitlement to care leave or caregiving part-time work.
Changes regarding care leave - elimination of the requirement of a shared household
Previously, employees were only entitled to care leave for the necessary care of close relatives if the relative lived in the same household as the employee. With the amendment, the requirement of a shared household for claiming care leave has been removed. Furthermore, individuals who live in the same household as the employee, regardless of their relationship as close relatives, are now included in the category of those who are eligible for care leave due to illness.
If care leave is taken for the necessary care of a child or accompanying a sick child, a shared household with the employee is still required. However, an exception to this requirement exists when it concerns the employee's own child (or adopted or foster child).
Changes regarding family hospice leave - elimination of the requirement of a shared household.
With the amendment, starting from November 1, 2023, it will no longer be a requirement that the person in need of care lives in the same household as the employee. Consequently, the entitlement will now apply to both the end-of-life care for close relatives and the accompaniment of severely ill children, regardless of whether the employee shares a household with the relative or child.
The KWR labor law team is here to assist you with any questions regarding these changes.