In Austria, the legal entitlement on „Papamonat“ (father’s month) has been decided. Further information can be found here.
Up until now, the father’s month could be only agreed between employer and employee, meaning that the employer had to specifically agree on this. For births after 1.9.2019, however, the employee has a legal entitlement to go on father’s month – without an explicit permission by the employer.
Here fore following has to be taken into consideration:
- The leave can only happen during the prohibition of employment period of the mother (i.e. 8-12 weeks after giving birth)
- This means that this leave can happen the earliest on the first day after birth and has to end the latest with the last day of compulsory maternity leave
- The month has to be consumed continuously, i.e. can not be divided in two or more parts
- The father has to have a common household with the child
- Notification period is 3 months prior to the expected birth date
- The actual birthdate has to be reported by the employee
- At latest one week after birth, the employee has to inform the employer about the actual date of father’s month
- The employee is protected against termination and firing. This starts the earliest 4 months prior to the birth date and lasts up until 4 weeks after end of father’s month.
- The father is not receiving payment from the employer, however, the „Familienzeitbonus“ from the state. This payment will be also considered for possible later (paternity) leave
For births between 1.9.19 and 1.12.19 shorter notification periods apply. If you need any further details, we are happy to assist you with this.