COVID-19: Special care period phase 5 approved

Oct 13, 2021 Benn-Ibler Rechtsanwälte

The National Council recently cleared the way for the fifth phase of the COVID-19 special care period (“Sonderbetreuungszeit”). It concerns continued payment of wages when employees cannot work due to special care obligations in connection with the closure of schools or care facilities. 

According to the new Sections 18b para 1, 1a, 1b and 1c of the Employment Contract Law Amendment Act (Arbeitsvertragsrechts-Anpassungsgesetz, AVRAG), employees are entitled to a special care period in return for continued payment for a total of three weeks for the necessary care of children up to 14 years of age. This applies if facilities (schools, kindergartens, etc) are closed in whole or in part due to official measures. The entitlement also arises if:

• the minor is in quarantine 
• there is closure of a facility in which a person with a disability is cared for, for whom there is a duty of care
• the care of a relative in need of care is no longer assured, or
• personal assistance is no longer provided for relatives of persons with disabilities as a result of COVID-19. 

However, employees must do everything reasonable to ensure that they can still work. 

Employers can in turn have the continued remuneration refunded by the Federal Accounting Agency (Bundesbuchhaltungsagentur). However, this entitlement is capped at the maximum monthly contribution basis under the General Social Insurance Act (Allgemeinen Sozialversicherungsgesetz, ASVG) (currently EUR 5,500). 

Leaves of absence from work according to the general law on the prevention of work and leaves of absence for care between September 1 and the announcement of the fifth phase are considered as special care leave as soon as it comes into effect. Converted care leave shall thereafter not be counted towards the entitlement to care leave under Section 16 of the Leave Entitlement Act (Urlaubsgesetz, UrlG). 

The fifth phase of the special care period shall come into effect retroactively as of September 1, 2021 and shall apply until December 31, 2021. 

1039 dB - XXVII. GP (28.09.2021)