Sick Leave Rights (Krankenstand): Pay and Protections
Waking up with a fever in Vienna or Graz often triggers a specific kind of expat anxiety: the fear of mismanaging the strict Krankenstand protocol and facing professional repercussions. I remember shivering through my first phone call to HR, terrified I would lose my job for catching a simple flu. This guide explains your sick leave rights, pay protections, and the mandatory bureaucratic steps to stay legally safe.
Understanding the Austrian Sick Leave System
The Austrian system is built on a foundation of social solidarity, but it is also one of the most strictly regulated in Europe. When you are unable to work due to illness or injury, you are in what is locally known as Krankenstand. Unlike some countries where "sick days" are a limited bucket of time you draw from, Austria does not have a set number of days per year you are allowed to be ill. Instead, the focus is on the medical necessity of your absence and the duration of your employment.
The Austria Healthcare System 2027: Complete Guide for Foreign Residents establishes that every legal employee is entitled to continued pay when they are sick, provided they follow the rules of notification and certification. This is not a "benefit" your boss grants you out of kindness; it is a statutory right protected by the Entgeltfortzahlungsgesetz (Continued Remuneration Act). However, the system is designed to be a two-way street. You are protected, but you must also be transparent.
The Legal Framework of Sick Leave Eligibility
To benefit from sick leave protections, you must be in an employment relationship that includes social insurance contributions. This covers the vast majority of workers, including full-time employees, part-time employees, and those working in "marginal employment" (Geringfügig Beschäftigte), although the latter have different rules regarding sick pay from the insurance provider.
Even if you are in your Probation Period (Probezeit): Rights and Termination Risks, you are entitled to sick leave. Many expats believe they have to "tough it out" during their first month to make a good impression, but coming into the office while contagious is culturally frowned upon in Austria and can lead to HR issues later. The law protects you from day one, though the duration of your paid leave increases the longer you have been with the company.
Distinguishing Between Sickness and Disability
It is important to understand that Krankenstand covers temporary illnesses—the flu, a broken leg, or recovery from surgery. If an illness becomes chronic or leads to long-term inability to work, the system transitions into different types of support, such as rehabilitation or disability pensions. For most of us, however, the concern is the immediate flu season or a sudden burnout. Understanding the Navigating Social Insurance: ÖGK, SVS, and BVAEB Overview is crucial here, as your specific insurer will be the one providing your sickness benefits once your employer’s obligation to pay expires.
The Procedure: From Bed to Doctors Office
The moment you realize you cannot make it to work, the clock starts ticking. The Austrian legal system places a heavy emphasis on "unverzüglich" notification—meaning without any delay. If you wake up sick at 7:00 AM and your office starts at 8:30 AM, you should ideally notify your supervisor or the HR department before your shift officially begins.
Failing to notify your employer correctly is one of the few legitimate reasons an employer can withhold pay or, in extreme cases, initiate a termination for cause. It isn't just about being polite; it is a legal requirement. When I first started working in Linz, I made the mistake of waiting until noon to send an email. My manager later sat me down and explained that under the Exact Steps to Notify Your Employer of a Krankenstand, I was technically in breach of my contract for those four hours of silence.
The Medical Certificate and the e-card
In most Austrian companies, you are required to provide a medical certificate (Krankmeldung) by the third or fourth day of illness. However, many employment contracts state that you must provide one from the very first day. You must check your specific contract or the applicable Kollektivvertrag (Collective Agreement) to know your deadline. You can find more about these agreements in our guide on Understanding the Kollektivvertrag (Collective Agreement).
To get this certificate, you must visit a Hausarzt (General Practitioner). You will need your e-card for this visit. If you have just arrived and are still waiting for your card, you should read The Austrian e-card: Registration, Photo Rules, and Usage Guide to understand how to prove your insurance status in the interim. The doctor will examine you, determine how long you are likely to be unfit for work, and enter the data into the system. Most doctors now use the e-Rezept system, which also makes getting medication easier.
Navigating the Physician Visit
When you visit the doctor, they will issue a digital notification to the ÖGK (Österreichische Gesundheitskasse) and give you a printed copy for your records. This slip will state the start date and the expected end date of your illness. Crucially, it does not state your diagnosis. Your employer has no legal right to know what is actually wrong with you—whether it is a migraine or something more personal.
If your doctor is busy or it is a weekend, you can contact the health advisory line by Calling 1450: Austria's 24/7 Telephone Health Advice Line. They can guide you on whether you need to visit an emergency room or if you can wait until Monday morning to see your GP. Always remember that the burden of proof is on you; if you don't have that certificate, you aren't legally on sick leave.
Financials: Who Pays Your Salary
One of the most generous aspects of the Austrian labor market is the continued payment of wages (Entgeltfortzahlung). For a specific period, your employer continues to pay 100% of your salary. Once that period ends, they pay 50%, and the social insurance (ÖGK) steps in to provide the remainder as "Krankengeld" (Sickness Benefit).
The length of time your employer is required to pay you in full depends on how long you have been working for them. This resets every "work year," which usually begins on the anniversary of your start date, though some companies use the calendar year.
| Years of Service | 100% Pay Duration | 50% Pay Duration |
|---|---|---|
| Less than 1 year | 6 weeks | 4 weeks |
| 1 to 15 years | 8 weeks | 4 weeks |
| 16 to 25 years | 10 weeks | 4 weeks |
| Over 25 years | 12 weeks | 4 weeks |
Transitioning to Krankengeld
If you are unfortunate enough to be sick beyond the 10 or 14 weeks covered by the combination of full and half-pay from your employer, you will transition entirely to Krankengeld from the ÖGK. This amount is generally lower than your net salary—usually around 50% to 60% of your gross income, depending on your circumstances.
During this time, your social insurance contributions are still covered, but your take-home pay will take a hit. It is worth noting that for those in the public sector, the BVAEB Insurance Guide for Public Sector and Civil Servants outlines slightly different rules that are often even more favorable. For most of us in the private sector, however, the table above is the golden rule.
Sick Leave for Freelancers and the Self-Employed
If you are a freelancer, the rules change significantly. You are generally covered by the SVS rather than the ÖGK. Unless you opt into a voluntary supplementary insurance plan, you do not receive "sick pay" for short-term illnesses like a one-week flu. This is a major point of consideration when deciding whether to go independent. You can read more about this in SVS Health Insurance: Rules for Freelancers and Self-Employed. Self-employed individuals often have to wait until the 43rd day of an illness to receive support unless they have paid for additional coverage.
Can You Be Fired? Legal Protections Explained
There is a common myth among expats that you cannot be fired while you are on sick leave in Austria. This is, unfortunately, false. An employer can legally terminate your contract while you are sick, provided they follow the standard notice periods and legal requirements. However, there is a massive "but" that protects your finances.
If an employer fires you while you are on Krankenstand, they must continue to pay your sick leave benefits (Entgeltfortzahlung) until your medical certificate expires or until the legal duration of pay is exhausted, even if your employment officially ends before that. This prevents employers from firing sick workers just to avoid paying for their leave. You can find a deeper dive into this specific anxiety in Can an Employer Fire You During Sick Leave in Austria?.
The Role of the Arbeiterkammer
If you feel you have been fired unfairly or that your employer is withholding sick pay, your first phone call should be to the Arbeiterkammer (AK). Every employee in Austria is a member of the Chamber of Labour, and they provide free legal advice and representation for employment disputes. They are the "big guns" of the Austrian workforce and are very experienced in dealing with Employment Rights: Arbeiterkammer, Contracts, and Leave issues.
The AK can help you determine if your dismissal was "socially unjustified." For example, if you have worked at a company for ten years and are fired the moment you get a cancer diagnosis, the AK can challenge this in court. For most short-term illnesses, however, the protection is primarily financial rather than a guarantee of keeping your job.
Probation Period Risks
The one time when you are most vulnerable is during the Probezeit. During this first month (usually), either party can terminate the contract without giving a reason and without a notice period. If you go on sick leave during this time, a landlord or employer might see it as a red flag. While they still have to pay you for the days you were sick before the termination, they can let you go much more easily than they could six months later.
Special Types of Leave: Care and Mental Health
Austria recognizes that illness doesn't just happen to the employee. Sometimes, it is your child, spouse, or even a parent who needs urgent care. This is covered under Pflegefreistellung (Nursing Care Leave).
Nursing Care Leave for Families
If your child falls ill and there is no one else to care for them, you are entitled to one week of paid care leave per year. If the child is under twelve and falls ill again, you may be entitled to a second week. This is a separate "bucket" from your own sick leave. To claim this, you usually need a doctor's note for the child. Many expats struggle with the logistics of this, so I recommend reading Family Health: Eltern-Kind-Pass 2026 and Maternity Care System to understand the broader support system for parents.
This right also extends to other family members living in the same household. If your spouse has a surgery and cannot move, you can take Pflegefreistellung to support them. It is a vital safety net that acknowledges the reality of expat life, where we often don't have grandparents nearby to help.
Mental Health and Burnout
In recent years, the Austrian medical community has become much more proactive about mental health. Burnout is a recognized reason for Krankenstand. If you are struggling, you do not have to pretend you have a physical cold. A psychiatrist or even your GP can write a Krankmeldung for mental health reasons.
The process is the same, but the recovery often involves Mental Health in Austria: Counseling, Therapy, and Expat Support. For long-term burnout, the social insurance provider might suggest a "Kur" (a health retreat or spa therapy) to help you reintegrate into the workforce. You can learn more about this in Medical Leave for Burnout: How the Austrian System Works.
Rights and Obligations During Recovery
While you are on sick leave, your primary legal obligation is to do everything in your power to get well and avoid anything that would delay your recovery. This is where many expats get into trouble because the definition of "recovery-promoting behavior" can be quite strict in Austria.
Rules on Leaving the House
Can you go to the supermarket while you're sick? Yes. Can you go to a bar? Absolutely not. If your doctor has prescribed bed rest, you should stay in bed. However, if you are on sick leave for mental health reasons, your doctor might actually prescribe "daily walks."
The general rule is that you must stay at home during the "Ruhezeiten" (rest periods) specified by your doctor or local norms. The ÖGK sometimes sends inspectors (Kontrollore) to your home to verify that you are actually there and recovering. If they find you are not home and you don't have a valid medical reason (like being at the pharmacy or the doctor), your sick pay could be suspended. Newcomers should read Can I Leave My House During a Krankenstand? before they decide to go for a jog while on leave for "back pain."
Sick Leave During Vacation
A silver lining in the Austrian system is that if you fall ill during your paid vacation (Urlaub), those days do not count as vacation days. If you are sick for more than three days while on holiday and you obtain a medical certificate, you can "claim back" those vacation days to use later.
This applies even if you are abroad, though you must ensure the foreign medical certificate is translated or meets Austrian standards. It is a lifesaver when a long-awaited trip to Italy is ruined by food poisoning. Instead of losing your hard-earned time off, you simply transition into Krankenstand and save your vacation for when you can actually enjoy it.
Healthcare Costs and Reimbursements
While the sick leave itself focuses on your pay, you will likely encounter costs for medication or specialist visits during your recovery. Understanding the Healthcare Costs: Kassenarzt vs Wahlarzt Differences Explained is essential here. If you visit a public doctor (Kassenarzt), the visit is covered by your e-card. If you choose a private doctor to skip the lines, you will have to pay upfront and claim a refund later.
You should also be aware of the "Rezeptgebühr," which is a small flat fee you pay for every prescription item at the pharmacy. In 2026, this fee is adjusted annually, so keep an eye on our Pharmacies (Apotheken) and Medication Rules in Austria for the latest rates. If you have a chronic illness or very low income, you can apply for an exemption from these fees.
Sick Leave Rights Disclaimer
The information provided in this guide is for informational purposes only and does not constitute legal or professional medical advice. While we strive to keep all details regarding Austrian labor law and social insurance current, regulations can change. Always consult with the Arbeiterkammer (AK), your legal counsel, or the Österreichische Gesundheitskasse (ÖGK) regarding your specific employment situation or medical rights. Your individual employment contract and the applicable Collective Agreement (Kollektivvertrag) may contain specific provisions that supersede general guidelines.
