Reclaiming Vacation Time Lost to Illness
Falling ill during your annual leave in Austria does not mean you must sacrifice your hard-earned time off. Under current labor laws, employees are legally entitled to have vacation days reinstated if an illness lasts longer than three calendar days and is verified by a medical certificate. According to the Austrian Trade Union Federation (ÖGB), these days are not automatically appended to your leave; instead, they are credited back to your remaining vacation balance.
The Duty of Immediate Notification
Should you become incapacitated while on holiday, you are required to notify your employer immediately. Austrian labor law does not mandate a specific format for this communication, allowing for the use of standard workplace channels like email, SMS, or WhatsApp. However, the ÖGB advises providing notice in writing to create a verifiable trail of evidence, protecting you should a dispute arise later.
Documenting Your Incapacity
The law protects your vacation account by reclassifying days of illness as sick leave, provided the incapacity lasts for more than three calendar days. This threshold applies to all calendar days, not just working days. Upon your return, you must proactively submit a medical certificate (Krankenstandsbestätigung) to your employer. Do not wait to be asked; the burden of documentation rests entirely on the employee.
Separating Sick Leave from Vacation Extensions
A common misunderstanding persists that lost vacation days are automatically tacked onto the end of an existing trip. This is not the case. Your leave terminates on the date originally agreed upon with your employer. If you intend to extend your time off to recover the days lost to illness, you must negotiate and reach a separate, new agreement with your employer.
Navigating Medical Care Abroad
These regulations apply regardless of whether you fall ill in Austria or abroad. If you seek treatment outside of Austria, you must provide your employer with your medical certificate and, if the document is not written in German, an official attestation. This secondary document, which can be secured through an Austrian embassy or consulate, must verify that the issuer is a licensed medical professional. If you are treated in a hospital, that institution’s own documentation is generally sufficient.
Insurance Coverage and Financial Reimbursment
The European Health Insurance Card (EHIC) found on the back of your e-card provides coverage that varies by country. The ÖGB urges employees to verify coverage details with Austrian social insurance authorities before departing. Ensure your EHIC is valid and all information is complete.