As summer approaches, the vacation planning phase begins for many employees. But how do you use vacation days correctly? What rights and obligations do employees have? In an interview with the ÖGB labor law expert Michael Trinko, the essential questions surrounding the topic of vacation are examined.
According to Austrian labor law, every employee is entitled to at least five weeks of paid vacation per working or calendar year. However, it is not possible to take vacation at your own discretion. Rather, an agreement is required between employee and employer, taking into account the operational needs and the employee's recovery needs.
A common question concerns the vacation entitlement of employees with school-age children. In principle, there is no legal right to take vacation during school holidays. Nevertheless, the employer should take the employee's family situation into account and generally agree to the request for summer vacation due to school-age children, provided that operational concerns do not conflict with this.
What happens if an employee falls ill while on vacation? In this case, it is advisable to see a doctor and provide the employer with a medical certificate in the event of incapacity for work. Anyone who is sick for more than three days retains their vacation days. However, it is important to report the illness immediately and to present confirmation of sick leave when you return to work. Despite illness, the holiday is not extended; the originally agreed end of the holiday remains in effect.
There is no possibility of converting vacation days into money. This would contradict the purpose of recovery. Payment of vacation days is only possible upon termination of the employment relationship, provided that there are still remaining vacation days available.
Another important piece of information concerns the statute of limitations on holiday entitlement. This expires two years after the end of the holiday year in which it arose. Employers are obliged to inform their employees when vacation days are in danger of being forfeited. If you fail to do this, your entitlement to vacation remains under certain conditions.
Overall, the interview with the ÖGB labor law expert Michael Trinko illustrates the need for a balanced agreement between employee and employer when using vacation days.