ÖGB clarifies: Sick on vacation – employees have to pay attention to this

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

Employees are then unsure about how they should behave or what will happen to their vacation if they fall ill during their days off. ÖGB labor law expert Michael Trinko with the most important answers on the topic: Sick on vacation.

“If you get sick while on vacation and the sick leave lasts more than three calendar days, then no vacation days are used. This means: The days on which you are or were sick will be credited back to your vacation account. But only if you are sick for more than three days,” emphasizes ÖGB labor law expert Michael Trinko. 

“Anyone who is sick should go to a doctor – not only to get treatment, but also so that they can provide their employer with confirmation in the event of incapacity to work,” says ÖGB labor law expert Michael Trinko. The confirmation must be presented immediately when you return to work so that your vacation days are retained. 

An example: If an employee falls ill during their two-week vacation with a normal 5-day week (Monday to Friday are working days) from Friday to Monday inclusive, this constitutes an illness of 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 sick leave days to the end of your vacation. The vacation is not extended by the sick leave days. It ends on the originally agreed date,” Trinko notes.

This applies to holidays abroad

If you become ill abroad, in addition to the medical certificate, you must also present an official confirmation stating that the medical certificate was issued by a licensed doctor. You do not need this confirmation if you can prove that you were treated in a public hospital.

“Whether you can use your e-card to go to the doctor abroad and the costs are fully covered by social security depends on the country you are vacationing in,” says labor law expert Trinko. It therefore makes sense to find out about this from the Austrian social insurance beforehand. You definitely need a European Health Insurance Card (EKVG), which can be found on the back of the e-card. The EKVG must be filled out completely and must not have expired.