European Employment Law Update: Austria — September 2013

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If an employee gets sick during the consumption of annual leave for more than three days, under Austrian law the period of that illness does not count as holiday and the employee is entitled to sick leave instead. Austrian law does not provide any explicit written stipulations, though with regard to illness during compensational leave.

The Supreme Court has now ruled that illness during the consumption of compensational leave for overtime work does not change the quality of the compensational leave. The employee therefore has no entitlement to sick leave instead of compensational leave and may not use the compensational leave at a later time…

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