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Sick on (winter) vacation: What is the legal situation?

With the start of the semester break, the next wave of vacations rolled out on Friday. Many employees treat themselves to a well-deserved break. Time and again, however, illness thwarts their plans and they have to stay in bed.

Employees are often unsure of what to do and what happens to their vacation if they fall ill during their days off. ÖGB labor law expert Michael Trinko with the most important answers on the subject.

"If you fall ill during your vacation and the sick leave lasts more than three calendar days, then no vacation days are used up. This means that the days on which you are or were sick are credited back to your vacation account. But only if you are sick for more than three days," he emphasizes.

Incapacity for work: make sure you see a doctor!
"If you are ill, you should go to the doctor - not only to get treatment, but also to be able to provide your employer with a certificate if you are unable to work." The confirmation must be presented immediately when you return to work so that the vacation days are retained.

If you fall ill during your vacation and the sick leave lasts more than three calendar days, no vacation days are used up.

Der Arbeitsrechtexperte

For example, if employees fall ill from Friday to Monday inclusive during their two-week vacation in a normal five-day week (Monday to Friday are working days), they are sick for four calendar days. If vacation is calculated in working days, Friday and Monday are not deducted as vacation days.

Vacation is not automatically extended
It is also important to know that "you cannot simply add days of sick leave to the end of your vacation. The vacation is not extended by the sick leave days. It ends on the originally agreed date".

What applies to vacations abroad
If you fall ill abroad, in addition to the medical certificate, you must present an official confirmation stating that the medical certificate was issued by a licensed doctor. This confirmation is not required 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 will be fully covered by social insurance depends on the country you are visiting," says the employment law expert. It is therefore advisable to check with the Austrian social insurance beforehand.