Legal Changes🇦🇹
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ImportantFederal·EmploymentHealth

Nursing staff gain paid relief week at age 43

Nurses and care workers covered by the Nursing Act (Gesundheits- und Krankenpflegegesetz) now receive one week of paid relief time per year starting from the year they turn 43, in addition to regular holiday entitlement. The measure takes effect 1 January 2024.

Official reference
BGBl. Nr. 473/1992

What changed

A new relief week provision (Entlastungswoche) has been added for nursing and care staff. Starting from age 43, eligible workers receive one additional week of paid time off per calendar year, up to a maximum of 40 hours, separate from standard annual leave. This applies to all workers employed in professions listed in Section 1 of the Nursing Act (Gesundheits- und Krankenpflegegesetz, BGBl. I No. 108/1997).

Who is affected

All nursing and care workers employed in roles covered by the Nursing Act who reach age 43 are entitled to this relief week. The entitlement begins in the holiday year in which they turn 43 and continues in every subsequent holiday year.

How it works

The relief week must be agreed between employee and employer and recorded in work-time documentation. It cannot be converted to cash payment, except in limited cases for accrued time that could not be taken by the end of 2026 due to circumstances beyond the worker's control. Any additional holiday entitlements under collective agreements that exceed the statutory 30 working days minimum may be counted against this relief week, unless a collective agreement adopted after January 2023 explicitly excludes this offset.

What to look out for

Workers should ensure their employer documents the relief week in work-time records and agree on timing. If a holiday year does not align with the calendar year, workers receive a pro-rata portion of the relief week between 1 January 2024 and the start of the next holiday year, regardless of when they turn 43 in 2024. Any partial working days in the calculation are rounded up to full days.

This explanation is AI-generated based on the official source linked above. It is not legal advice. For binding interpretation consult a qualified attorney or the responsible authority.