Employees belonging to the COVID-19 risk-patients group are entitled to leave of absence and to continued payment of their remuneration if they present a medical COVID-19-Risk Certificate according to Sec 735 ASVG (general health insurance act) and Sec 258 B-KUVG (health and accidents insurance for civil servants act). However, no such entitlement arises if:
• the employee concerned can perform his/her work from his/her home (home-office), or
• the conditions for the work performance at the workplace can be set in such way, that an infection with COVID-19 can be excluded with the greatest possible safety; in that case, the conditions of the employee’s way to the workplace also have to be taken into account.
A termination based on the employee’s claim for leave may be challenged by the employee at court.
The possibility of leave of absence was initially possible until May 31st 2020.
The possible period for leave according to Sec 735 para 3 ASVG or Sec 258 para 3 B-KUVG has now been extended until July 31st 2020 by a Regulation of the Austrian Ministry of Labour, Family and Youth (BGBl. II Nr. 284/2020).