What are the legal consequences if employees fall ill while on vacation? And what needs to be considered when it comes to compensatory time? We have summarized all the answers in this article.
Vacation vs. compensatory time
In order to be able to make a correct classification, a distinction must first be made between a “real” vacation and compensatory time. The main difference between the two terms is that the purpose of statutory leave is to help employees recover, whereas compensatory time is about bringing normal working hours closer to normal working hours by temporarily reducing working hours.
Legal consequences of sick leave
If employees are temporarily unable to work due to illness or an accident, they must take sick leave. But what are the consequences of becoming unable to work during vacation or compensatory time?
The legal regulation provides that in the event of sick leave of at least three days, the amount of leave is reduced by the period of illness. The prerequisite for this is that this is communicated to the employer no later than three days after the onset of the illness and that it was not caused by gross negligence or intent.
If you fall ill during compensatory time, this does not change anything for the employer in this regard. This does not have to grant the employee any further compensatory time to the extent of the sick leave, since the purpose of the compensatory time – the approximation of working hours to normal working hours – is also fulfilled in the event of the employee’s illness.
All information from the WKO: Link
Stay healthy
Your Coredat team
