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Leave in Austria
Maternity, paternity, and parental leave in Austria
Adoption leave in Austria
Other leave in Austria
Public holidays in Austria
Protect your employees and your business
Employees in Austria are entitled by law to various different types of leave, including annual leave, sick leave, maternity leave and more. In some industries, collective bargaining agreements provide even more generous leave provisions. And of course, employers can always choose to offer additional leave as an employee benefit.
Before employing workers in Austria, it’s important to understand the various types of leave that they’re entitled to. For example, an employee’s entitlement to annual leave and sick leave in Austria is dependent on their length of service. Employees also need to understand which types of leave are unpaid, and which are paid by the employer.
Annual leave in Austria is regulated by the Paid Annual Leave Act. The amount of leave an employee is entitled to depends on their length of employment. While there are standard rules that apply to everyone, collective bargaining agreements might provide more generous leave. Employers are also free to provide additional leave through their policies or individual employment contracts.
New employees accrue annual leave at the rate of two working days per month. After they have worked for their employer for six months, they’re entitled to the full allowance of five weeks (25 days) of leave per year. This entitlement is increased to six weeks (30 days) after 25 years of service. However, up to 12 years of prior service in other jobs and education can be counted towards this. Minimally employed and part-time employees receive the same amount of leave on a pro-rata basis.
Employees must come to an agreement with their employer regarding when they take their annual leave. However, employers must allow employees to use their leave in the year in which it arises. Employees can’t be unilaterally ‘sent’ on annual leave. If leave is not used within the year, it can be carried over up to a maximum of two years after the year in which the entitlement arose.
Employees must continue to receive pay (wages) while they are on leave. Any unused leave must be paid out when the employee leaves the company. It’s also possible to use annual leave to shorten the notice period at the end of an employment contract.
Like annual leave, an employee’s sick leave entitlement also depends on their length of service, as follows:
Sick pay up to these entitlements is paid by the employer, with any additional sick leave paid by social security.
If an employee is sick for more than three calendar days while they are on annual leave in Austria, these days don’t count as annual leave. The employee must report the illness to the employer and obtain a medical certificate as proof.
Employees in Austria have the right to time off work when they or their partner has a baby, and until their child turns two years old. Read on to learn how this leave works.
Mothers are entitled to at least sixteen weeks of maternity leave in Austria. In fact, they are not legally allowed to work at all during the eight weeks before and after the birth. In the case of a caesarean or high-risk delivery, this is extended to 12 weeks after the birth. After the 16 weeks of maternity leave is over, mothers can choose to extend their leave with parental leave.
During this time, the employment relationship continues to exist, but the employee does not receive pay from their employer. Instead, they are entitled to a maternity allowance through the social security system. The amount they receive depends on their average earnings during the 13 weeks before maternity leave begins.
Fathers in Austria are entitled to up to one month of paternity leave, which they can take any time from the child’s birth to their second birthday. This is unpaid by the employer, but the employee can receive pay through the social security system. Employees must notify their employer at least three months in advance to take this leave.
Parental leave in Austria begins when maternity leave finishes and lasts until the child turns two years old as long as each parent takes at least two months of leave. If only one parent takes parental leave, it only lasts until the child is 22 months old. Parents can switch who is on leave several times throughout the two-year entitlement period, but each block of leave must be at least two months. Both parents cannot take leave at the same time. Parents are entitled to payment under the Child Care Payment Act while they are on parental leave.
Employees in Austria are protected from dismissal and termination during parental leave and until four weeks after their leave ends.
There are also special provisions that regulate the protection of pregnant workers, workers who have recently given birth and those who are breastfeeding. For example, employers must assess all health and safety risks that could impact pregnant and breastfeeding employees and take adequate measures to protect them.
Certain activities are banned or restricted while employees are pregnant, including:
While workers are breastfeeding, they are not permitted to work on Sundays, holidays, or between 8pm and 6am. Overtime is strictly prohibited for pregnant and breastfeeding workers, and they should have the possibility to lie down in the workplace during work hours.
Adoptive parents in Austria are entitled to parental leave under the same conditions and regulations as other parents.
There are various other situations in which employees in Austria may be entitled to leave for work. Here are some of the main types of paid and unpaid leave in Austria that you may come across as an employer.
Employees in Austria are entitled to one week of paid leave to care for a family member living in the same household. This is extended by one further week per calendar year if the child being cared for is under the age of 12.
Employees also have the right to compassionate leave to care for severely ill children or to spend time with relatives who are dying. This is typically unpaid leave in Austria. They may also choose to rearrange or reduce their working hours in these situations.
Employees in Austria can request leave to complete further education after six months of employment. Study leave can last from two months up to two years. It can also be spread out in separate periods over a total of up to four years. Although it is unpaid, employees can receive a training allowance (Weiterbildungsgeld) from the Employment Service (AMS), equivalent to the unemployment benefit. To be eligible for this benefit, they must participate in at least 20 hours of training per week.
There are 13 public holidays per year in Austria. These are regulated by national law and apply everywhere, although additional regional holidays may apply depending on the federal state.
Employees have the right to paid time off for national holidays that fall on working days. If a public holiday falls during an employee’s paid leave, the day is treated as a holiday and should not be deducted from leave balance.
Here are the public holidays observed in Austria in 2026:
As an employer in Austria, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.
When you hire workers with CXC, we’ll ensure your engagements are in line with all local, national and international employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risk.
Employees in Austria are generally entitled to five weeks of paid annual leave each year, paid sick leave, paid public holidays and paid care leave in qualifying circumstances.
Annual leave is paid at the employee’s usual rate. Paid sick leave varies by length of service, starting at six weeks on full pay plus four weeks on half pay. Employees may also take paid care leave to look after a sick close relative or when their usual childcare becomes unexpectedly unavailable. The ordinary care-leave entitlement is generally equivalent to one normal working week per working year. A second week may be available where a child under 12 becomes ill again, and the statutory conditions are met.
Maternity and parental leave are treated differently. During maternity protection, eligible employees generally receive maternity allowance through social insurance instead of their normal salary from the employer. Parental leave is generally unpaid by the employer, although eligible parents may receive childcare allowance from the state.
Employers can provide additional or enhanced paid leave through the employment contract, collective agreement or company policy.
Employees in Austria are entitled to five weeks of paid annual leave each year. This equals 25 days for employees working five days a week or 30 days for those working six days a week.
The entitlement increases to six weeks of paid annual leave after more than 25 years of qualifying service.. Some previous periods of employment may count towards this requirement under Austrian leave rules. Depending on the circumstances, qualifying periods can include previous service with the same employer and limited periods of other employment, education or training.
During the first six months of the first year of employment, annual leave accrues gradually. After six months, the employee receives the full annual entitlement. From the second year, the full entitlement is generally available from the beginning of the leave year.
Part-time employees also receive five weeks of annual leave, based on their normal working pattern. The employer and employee generally agree when the leave will be taken.
Statutory leave and protected time off in Austria include annual leave, sickness absence, care leave, maternity protection, parental leave, the Papamonat, family hospice leave and certain leave or reduced-hours arrangements for caring for a dependent relative.
Employees may also receive paid time off for short periods when important personal circumstances prevent them from working. Depending on the circumstances and the applicable collective agreement, this can include a wedding, the birth of a child, a death in the family, an unavoidable medical appointment or an official summons.
These rights do not all operate in the same way. Annual leave, qualifying care leave and certain short personal absences are paid by the employer. Parental leave and longer care leave are generally unpaid by the employer, although state benefits may be available. Maternity protection is normally supported by maternity allowance from social insurance.
Eligibility, duration, notification requirements and dismissal protection differ between leave categories. Employers should therefore record each absence under the correct statutory category rather than deducting every absence from annual leave.
The employer normally continues an employee’s pay when illness or injury prevents them from working. Full pay for sick leave in Austria starts at six weeks and can rise to 12 weeks with longer service. The statutory full-pay entitlement is generally:
Once the full-pay period ends, the employer usually pays half salary for another four weeks. Social insurance may provide sickness benefit during that period or after the employer’s payment obligation has ended. The amount depends on the employee’s insured earnings and the payments still coming from the employer.
Employees must report their absence promptly. The employer can request a medical certificate, including for a short absence, and may ask for further evidence if the illness continues. Previous sickness absences can reduce the paid time still available in the relevant working year. Payroll teams need accurate records. A collective agreement or employment contract may provide better terms than the statutory minimum.
Employees in Austria generally stop working eight weeks before the expected birth and for eight weeks after childbirth. The post-birth period increases to 12 weeks following a premature birth, multiple birth or caesarean delivery.
If the baby is born earlier than expected, the protected period after the birth can be extended to compensate for some of the time lost before delivery, but the post-birth protection period cannot exceed 16 weeks An employee may also need to stop working earlier if a doctor determines that continuing to work could put the employee or baby at risk.
During maternity protection, the employer generally does not continue the employee’s normal salary. Eligible employees receive maternity allowance from Austrian social insurance, with the amount generally based on their previous earnings. The employee also has protection against dismissal during this period.
After maternity protection ends, an eligible parent can take parental leave if they meet the applicable requirements and notify the employer within the required timeframe.
The Papamonat (one-month partner leave) gives an eligible father in private-sector employment one month away from work soon after a child is born. Separate or corresponding rules may apply to other parents and public-sector employees. It is separate from parental and maternity leave in Austria, and the employer does not normally pay salary during this time off.
The leave must fall between the day after the birth and the end of the mother’s protected period after childbirth. That period is usually eight weeks, or 12 weeks in specified cases. If the mother is not subject to a statutory employment prohibition, the corresponding eight- or 12-week period after birth is used. The employee must live in the same household as the child.
The employee normally gives notice three months before the expected birth, reports the birth promptly and confirms the start date within one week.
Eligible parents can also apply for the state-funded family time bonus for 28 to 31 consecutive days. The chosen 28-to-31-day bonus period must coincide with the period of family time, although the statutory Papamonat itself lasts one month.Protection against dismissal starts with the advance notice, no earlier than four months before the expected birth, and continues until four weeks after the leave ends.
Kinderbetreuungsgeld (childcare allowance) is a state benefit for parents caring for a young child. It is not the same as job-protected parental leave, so a leave policy in Austria must record the benefit and the employment absence separately.
Parents can choose a flexible flat-rate account or an income-related option. The two models have different eligibility rules, payment amounts and durations. The health insurance provider pays the allowance rather than the employer. Parents must also complete and document the required medical examinations to avoid a reduction in the benefit. The first ten required Parent–Child Pass examinations, five during pregnancy and five after birth, must generally be completed and proved on time. Failure to provide the required evidence can ordinarily reduce the allowance by EUR 1,300 for each affected parent.
The payment period does not automatically match parental leave. For children born on or after 1 November 2023 , one parent generally has job-protected leave until the child reaches 22 months. It can usually continue to the second birthday when both parents share it, with each taking at least two months. Employers should confirm the actual leave dates rather than relying on benefit records.
Employers in Austria may offer additional leave beyond statutory entitlements, such as extra annual leave, unpaid leave, study leave, sabbaticals or additional family and personal leave.
These types of leave are generally based on the employment contract, applicable collective agreement or company policy. Some, such as unpaid leave or sabbaticals, usually require agreement between the employer and employee. Separate statutory arrangements may apply to family hospice leave, care leave or care-related part-time work for employees supporting seriously ill or dependent relatives. These arrangements have their own eligibility, notice, duration and social-security rules and are distinct from ordinary paid care leave.
Employees can also be entitled to short paid absences for important personal reasons. The precise events and permitted duration are often specified in the applicable collective agreement, although statutory continued-pay protections may still apply.
Employers can also provide enhanced versions of statutory leave, such as additional paid annual leave, longer paid family leave or more generous sick pay.
The eligibility, length and payment for additional leave should be set out in the company’s leave policy or employment terms.
Yes, employees normally receive their usual pay when a statutory public holiday falls on a day, they would otherwise have worked. An employer’s leave policy in Austria may offer extra days, but it cannot replace this legal entitlement.
An employee who takes the holiday off receives the pay they would normally have earned that day. This can include regular variable earnings as well as basic salary. Part-time employees receive holiday pay when the public holiday falls on one of their scheduled working days. They do not automatically receive another day off when it falls on a non-working day.
Employees who lawfully work on a public holiday generally receive both their holiday pay and payment for the hours worked. A collective agreement may offer a better premium or time-off arrangement. Most employees are also entitled to rest on public holidays, so businesses can schedule work only where a recognised exception applies. The statutory public-holiday rest period is generally an uninterrupted period of at least 24 hours.
International companies partner with CXC to manage local leave compliance in Austria without having to handle the requirements themselves.
Through our Employer of Record service, CXC manages employee leave entitlements and records, including the correct payroll treatment of paid and unpaid absences. We also account for any additional leave requirements under the employee’s applicable collective agreement.
Your HR team continues to manage the employee’s role and day-to-day work, while CXC handles the local employment administration.
Speak to our team to learn more about managing employees in Austria through CXC’s EOR service.
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
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