What applies to you – Sick on (winter) holiday: What is the legal situation?

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With the start of the semester break, the next wave of holidays began on Friday. Many employees treat themselves to a well-deserved break. But illness always throws a spanner in the works and they have to stay in bed.

Employees often do not know how to behave or what will happen to their vacation if they become ill during their days off. ÖGB labor law expert Michael Trinko with the most important answers on this topic.

“If you become ill during your holiday and the sick leave lasts longer than three calendar days, no holiday days will be used. This means: The days on which you are or were ill will be refunded to your holiday account. “But only if you are ill for more than three days,” he emphasizes.

Disability: definitely go to the doctor!
“Anyone who is ill should go to a doctor – not only to receive treatment, but also so that he or she can confirm to the employer that they are incapacitated.” The confirmation must be submitted immediately when you return to work, so that the vacation days are retained.

If an employee becomes ill during his two-week holiday in a normal five-day working week (Monday to Friday are working days) from Friday to Monday, this is an illness of four calendar days. If holidays are calculated in working days, Friday and Monday are not deducted as holidays.

Holidays are not automatically extended
It is also important to know that “you cannot simply add sick leave days to the end of your vacation. The holiday is not extended with the sick leave days. It ends on the originally agreed date.”

What applies to a holiday abroad?
If you become ill abroad, in addition to the medical certificate, you must also submit an official confirmation showing that the medical certificate was issued by a qualified doctor. You do not need this confirmation if you can prove that you were treated in a public hospital.

“Whether you can go to the doctor abroad with your e-card and the costs are fully covered by social security depends on the country where you go on holiday,” says the employment law expert. It is therefore wise to inform the Austrian social insurance in advance.

Source: Krone

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