Both the periods applying to special care leave and entitlement to special leave for pregnant employees in close contact personal services were extended again. The regulations on special care leave are found in Sec. 18b of the Austrian Employment Contract Law Harmonization Act (AVRAG), those on the special leave for pregnant employees are set forth in § 3a of the Austrian Maternity Protection Act (MSchG).
1. Special care leave
"Special care leave" for female employees with obligations to take care of children up to the age of 14, which was introduced at the onset of the Covid crisis in March 2020, has already been extended several times.
Due to the current epidemiological situation, Phase 5, which ended on 31 December 2021, was followed by Phase 6. Phase 6 of the special care leave period came into effect on 01 January 2022 and will apply through to 31 March 2022. A further extension until the beginning of the summer vacations is reserved.
Here is the most important information at a glance:
- Phase 6 applies from 01 January 2022 to 31 March 2022.
- Maximum duration: 3 weeks
- Special care leave can now also be agreed upon if schools are open but compulsory attendance is suspended and parents wish to take care of the child at home due to a lockdown.
2. Entitlement to special leave
The period during which pregnant employees in close contact services are entitled to special leave would also have expired on 31 December 2021. It has now been extended to 31 March 2022.
In all likelihood, this will be the last time that this period is extended. The reason given is that the Austrian National Vaccination Committee issued a recommendation for the vaccination of pregnant women in May 2021.
This provision also applies to vaccinated pregnant women who are no longer fully immunized. Whether and for how long full immunization can be assumed to last depends on the relevant recommendations of the National Vaccination Committee. The entitlement to special leave only ends when full immunization has been achieved. Thus, this provision does not apply to fully immunized pregnant employees.
Many questions as to details have remained open. Your KWR employment law team will be happy to answer any questions you might have and to assist you in specific individual cases.