What is the difference between care leave and carer's leave?
When a family member suddenly falls ill, many employees in Austria are faced with the same question: Can I stay at home - and if so, do I still get paid? There are often two terms that cause confusion: care leave and care leave. In our blog article, YOU can find out everything you need to know about this.
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When Marie received a call from the hospital that her significant other had been in an accident and suddenly had become in need of care, her life turned upside down. As a dedicated professional, from one day to the next she was faced with the challenge of organizing her boyfriend's carewhile also keeping up with her work and family life.
Marie was desperately looking for ways to make time for caregiving without jeopardizing her professional livelihood. She came across the terms "care leave" and "care leave" - terms that play an important role for many relatives in Austria. But what is the difference?
Read on to find out how Marie managed to find the perfect balance between work and care - and how you can do the same. We explain the difference between care leave and carer's leave in a simple and understandable way, what entitlements you have, who benefits from them and what you need to do to ensure you are legally protected - with clear examples, official sources and honest answers to frequently asked questions.
Because especially in stressful times it is important to make the right decisions quickly - and to be able to rely on reliable information.
In Austria, caring for relatives is becoming increasingly important as the population ages and the need for support from family members increases. The legal protection of care periods is therefore essential in order to make it easier for those affected to balance their professional obligations and family care responsibilities.
In Austria, there are two central regulations that allow family caregivers to temporarily suspend their professional obligations in favor of Caring for a family member: care leave and care leave. Both regulations are enshrined in Austrian labor law and offer important support for family caregivers.
Definition caregiver exemption
The nursing exemption offers a short-term solution for acute care situations. It enables employees to be released from work at short notice if they suddenly need care. This is possible if one of the following people requires care:
This leave of absence can generally be taken for a maximum of two working weeks per calendar year and is used to take on necessary care tasks at short notice or to organize care arrangements. During the care leave, you are also entitled to normal pay. Of course, you can also take caregiver leave on a daily or hourly basis as required.
Definition care leave
Care leave, often referred to as "carers' leave", allows employees to take time out from their professional activities, for example to care intensively for a child. This provision is particularly helpful if long-term care is required.
The entitlement period for care leave can be up to three months, depending on the circumstances, although an extension is also possible under certain conditions. As long as you use up your regular leave, you will continue to be paid. If you take longer care leave than your leave entitlement, you will no longer be entitled to continued payment of your salary.
Nursing leave vs. care leave - The difference simply explained
To better understand which regulation applies in which situation, it is worth taking a closer look at the differences between care leave and care leave. The following table shows you at a glance which requirements, rights and obligations are associated with the two models - so that you can act quickly and well-informed in a care situation.
In short: The Care leave is a statutory anchored form of absence from work with continued payment of wages. Care leave, on the other hand, is normal recreational leave that is used for care purposes.
Legal basis
The entitlement to care leave is also defined by law. In addition to the entitlement, the Vacation Act (UrlG) also states that your employer may not deny you caregiver leave. However, it is important that you inform him or her immediately of the need for care leave and, if necessary, provide evidence of the need for care (for example, with a medical certificate).
Once you have exhausted the maximum two weeks of care leave, the law allows you to take leave without prior agreement with your employer. If you nevertheless receive a notice of termination due to the intended or actual use of care leave, you can challenge this at the labor and social court or allow the termination of the employment contract to take effect and assert claims for damages.
Attention: In order to be able to take action against the termination, you must request a written justification of the termination within five days. If you find yourself in such a situation, it is advisable to contact the Chamber of Labor or a lawyer directly.
In Austria, there are clear requirements for taking care leave and care leave, which are set out in the Employment Contract Law Adaptation Act (AVRAG). When Marie urgently needed care leave, she found out directly about the legal requirements for care leave. Entitlement to care leave exists if...
- she has to take over the necessary care of a sick, close relative (nursing leave). Close relatives are spouses, life partners and relatives in the "direct line" (e.g. children, grandchildren, grandchildren).(e.g. children, grandchildren, parents, grandparents as well as adopted and foster children). The relative or child does not have to live in the same household;
- they care for a person from the shared household - even if they are not a relative (e.g. roommates).e.g. roommates);
- she must take over the necessary care of her own child (including adopted and foster children) if the permanent caregiver is absent (caregiver leave). In this case too, the child does not have to live in the same household;.
- she must accompany her child to the hospital during an inpatient stay (escort exemption);
For a second week of caregiver leave, it must be for dependent care of a child under the age of 12.
Once you have exhausted your entitlement to care leave, you can arrange further leave - care leave or part-time care leave - with your line manager. However, this only applies to people in need of care with care level 3, dementia patients or minors. This requires confirmation that your main task during the leave of absence is to provide care, as well as a written agreement on the leave or part-time work with your supervisor.
Attention: If you are marginally employed, you will not receive care leave benefits.
Marie initially took a week of care leave. She also sat down with her employer and told him about her difficult situation. Together, the two agreed to take one month's care leave. This allowed Marie to concentrate on reorganizing her life and be there for her partner.
Of course, Marie immediately realized that she couldn't take care of her friend all by herself. And her partner didn't want her to subordinate her life to his care and give up her job. Marie therefore looked for a care solution as quickly as possible.
However, she did not want to rely on an agency and decide flexibly when and, above all, who would come into the shared household. During her research, Marie came across noracares. She was impressed by the concept and registered on the platform. After a short search, she found what she was looking for: Henry, a 31-year-old caregiver was a perfect match for her and her partner's needs.
She contacted Henry, arranged a video call and convinced herself of his skills - with success, as she hired the nurse after just one week of care leave. This allowed her to return to her work and hobbies without having to worry about her boyfriend.
Marie's tips for sufferers
Marie's partner is now in a wheelchair and manages a lot of things himself again. Carer Henry, who is now a good friend of the couple, only comes by twice a week and supports him with more difficult tasks. The couple have found the perfect solution for themselves. Because Marie knows how overwhelming such a situation can be, she would like to share her tips with you:
- Inform Be well informed about your rights and assert them! Even if your employer may not be enthusiastic at first, stand up for your rights and insist on them.
- Communicate offen with your employer! Many of those affected want to keep their private life out of their professional life. It wasn't easy for Marie to approach her employer either. But she also realized that she couldn't do either care or her job well if she had to juggle both at the same time. In the end, she had a good discussion with her line manager and taking time off work and care leave made the restructuring much easier for her.
- Nutze Available support services! Here too, the inhibition threshold may be high, but there is no shame in seeking help. You don't have to do it alone! Platforms such as noracares can make it easier for you to find suitable caregivers. Self-help groups and advice services for family caregivers can also provide valuable support.
- Achte on your own health and balance! The new situation can be very stressful. Make sure you take regular breaks and time for yourself. Otherwise you'll burn out quickly and you won't be able to be there for your loved ones.
The difference between care leave and nursing leave is more than just a linguistic subtlety - it determines whether you are entitled to paid time off or have to use vacation days. Especially in challenging moments,when a child gets sick or a close relative suddenly needs help, it is important to know your rights and to be able to act in a legally secure manner..
While care leave provides short-term relief for acute care needs, care leave offers a longer-term solution - both are regulated by law and help you to reconcile family care responsibilities and work. Many relatives find it a great relief not to be alone in such situations.
This is exactly what Marie experienced: by combining both options, she was able to concentrate fully on caring for her partner during a difficult phase of her life - and find a long-term solution with the help of a caregiver.
Whether you want to apply for care leave, are unsure whether a certificate is necessary or want to know how many days you are entitled to: With the right knowledge, you can make fair decisions - for you and your family. Feel free to share this information with others who have similar questions.
Uncertain how to act correctly in the event of care? Find out on official sites such as AMS, pflege.gv.at or at the Chamber of Labor - and if you need help with support, contact us anytime at noracares. We are happy to support you.
