Sick on vacation? ÖGB gives valuable tips

When can you go on vacation? What if you get sick on vacation? And can the holiday expire? An ÖGB labor law expert provides information 

The summer holiday season is just around the corner and hundreds of thousands of employees are taking a long, well-deserved break. Especially in these weeks, there are many questions about the topic of vacation from the trade unions and the ÖGB. ÖGB labor law expert Michael Trinko answers the most important questions on oegb.at: How to take vacation properly!   

In principle, five weeks' paid vacation is available for each working year or calendar year. "But I can't go on vacation when I want. Holidays must be agreed between the employee and the employer. Even if a company holiday has been agreed, the holiday must be approved. And: Sending someone on forced leave is forbidden," says Trinko.   

sick on vacation   

Anyone who falls ill on vacation “should go to the doctor – not only to be treated, but also to be able to present the employer with a confirmation in the event of incapacity to work,” emphasizes the ÖGB labor law expert: “That makes a difference also makes sense on vacation. Because if you are sick for more than three days, your vacation days will not be deducted.”  

"The prerequisite for this, however, is that you report the illness immediately after three days of illness at the latest and submit the confirmation of sick leave when you return to work." Attention: The vacation is not extended by the days of sick leave, the originally agreed end of the vacation remains unchanged.  

Money instead of vacation?  

Can you also have vacation days paid out instead of going on vacation? No, a replacement in money would contradict the recreational purpose of the holiday. Vacation days can only be paid out when the employment relationship has ended and vacation days are still left.    

Can my vacation expire?  

Also important to know: The entitlement to holiday expires two years after the end of the holiday year in which it arose. This means: You have 3 years to use up vacation time. “Employers even have to explicitly tell their employees that vacation could become time-barred. If they do not do this, the entitlement to holiday remains in certain cases. The works council or your union can help here!” emphasizes ÖGB labor law expert Trinko.