Austrian OGH on Deadlines for Medical Certificates

Nov 14, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the suspension of entitlement to support benefits for long-term illnesses under Sections 104a and 104b of the Austrian General Social Security Act (hereinafter GSVG). Specifically, the ruling addressed cases in which a self-employed insured individual fails to consistently submit required medical notifications. 

The plaintiff was unable to work from 23 October 2023 to 31 January 2024, and on 11 January 2024, she submitted a doctor’s statement attesting to her ongoing incapacity for work to the Austrian Social Insurance Institution for the Self-Employed (hereinafter SVS). The SVS determined that her entitlement had been suspended as of 12 January 2024, citing the absence of a timely submission of a new statement.

Suspension applies only when deadlines are missed

The court of first instance granted the claimant benefits through 27 January 2024; however, the court of appeal shortened this period to 25 January 2024. Subsequently, the SVS filed an extraordinary appeal, contending that entitlement should cease as of the day following the submission of the final medical certificate.

The OGH has clearly determined that, pursuant to Section 104b(1) of the GSVG, entitlement is suspended solely for the period during which reporting obligations are not fulfilled. A default arises only once the deadlines outlined in Section 104a(3), third sentence of the GSVG have lapsed. Medical confirmation of continued incapacity for work must be provided within 14 days, with notification to the insurance carrier required within an additional seven days. Suspension commences, at the earliest, on the fifteenth day following issuance of the last certificate and is limited to the actual length of the delay. The statutory provisions do not permit retroactive suspension starting from the day after the last certificate was issued.

The plaintiff submitted her medical certificate dated 11 January 2024 within the required timeframe, justifying her right to support benefits up to 25 January 2024. The defendant lacked the requisite authority to enforce more stringent deadlines or to mandate a suspension with retroactive effect.

OGH 10 ObS 36/25d (3 June 2025)