Changes in parental leave
Changes in parental leave
In order to implement the EU directive on work-life balance for parents and carers, the National Council has now passed corresponding legal amendments (including to the Maternity Protection Act, the Paternity Leave Act and the Vacation Act). It remains to be seen whether the legislation will become law.
In the future, there will be 2 non-transferable months of parental leave per parent to promote paternal care. Only if both parents take parental leave they will be fully entitled to a total of 24 months of parental leave. If, on the other hand, only one parent - for example, the mother - takes parental leave, the duration of parental leave (and thus the period of entitlement to the flat-rate childcare allowance) will be reduced to 22 months.
However, there are exceptions for single parents and persons whose partner is not entitled to parental leave (e.g. self-employed or unemployed).
In the future, there will also be the possibility of a hardship extension for income-related childcare allowance (up to a maximum of 61 days).
In addition, the application deadline is extended by 30 days - in the future, the application must be received by the health insurance carrier no later than the 121st day after the birth of the child - and a one-time change in the entitlement period (28, 29, 30 or 31 days) is made possible.
Note: Most of the new provisions are to enter into force on 1.11.2023, but the changes to the family time bonus are to apply already to births from 1.8.2023. The announcement in the Federal Law Gazette Act remains to be seen.
Change in parental leave
At present, mothers and fathers are entitled to parental leave until the child reaches the age of two and have a joint right to arrange a possible division. Both parents are not permitted to take parental leave at the same time (with the exception of one month for the first change between the two parents).In the future, there will be 2 non-transferable months of parental leave per parent to promote paternal care. Only if both parents take parental leave they will be fully entitled to a total of 24 months of parental leave. If, on the other hand, only one parent - for example, the mother - takes parental leave, the duration of parental leave (and thus the period of entitlement to the flat-rate childcare allowance) will be reduced to 22 months.
However, there are exceptions for single parents and persons whose partner is not entitled to parental leave (e.g. self-employed or unemployed).
Changes in the childcare allowance
If the parental leave is taken by both parents or if one of the exceptions mentioned above is available, the total amount of the childcare allowance remains the same.In the future, there will also be the possibility of a hardship extension for income-related childcare allowance (up to a maximum of 61 days).
Doubling of the family time bonus
In order to enable more fathers to take family time, the financial support during the "Papamonat" (so-called family time bonus) will amount to EUR 47.82 per day in the future and thus doubled.In addition, the application deadline is extended by 30 days - in the future, the application must be received by the health insurance carrier no later than the 121st day after the birth of the child - and a one-time change in the entitlement period (28, 29, 30 or 31 days) is made possible.
Extension of the carers´leave
Previously, carers´leave was possible, among others, for "sick close relatives living in the same household". In the future, this case of carers´ leave will also be possible in the following constellations:
- for the care of a sick close relative, even if they do not live in the same household, and
- for the care of a sick person living in the same household, even if this person is not a close relative.
Protection against discrimination
In addition to the above-mentioned innovations, the Equal Treatment Act introduces a prohibition of discrimination in the case of parental leave, part-time parental leave, carers´leave and other exemptions for family reasons, even if the reason for discrimination is not gender.Note: Most of the new provisions are to enter into force on 1.11.2023, but the changes to the family time bonus are to apply already to births from 1.8.2023. The announcement in the Federal Law Gazette Act remains to be seen.
Author:
Julia Mäder julia.maeder@bdo.at +43 5 70 375 - 1521 |
Contact person:
|
Thomas Neumann |
