Care Leave for a Sick Child in Austria (Pflegefreistellung) 2026

If your child develops a fever and cannot attend kindergarten or school, you may not need to use your annual leave immediately. Employees in Austria may be entitled to paid care leave (Pflegefreistellung). This guide explains who qualifies, how much is available in a working year and what to do if the entitlement is exhausted.

In brief

• Pflegefreistellung is not annual leave. It is an obstacle to working for an important personal reason, while your pay continues.
• In one working year, the basic entitlement is up to one week's working time.
• Once this has been used, a further one week's working time of extended care leave may be available for a sick child under 12.
• It can be taken by the day or, where necessary, by the hour, and is available from the first day of employment.
• You must notify your employer immediately.

Who is entitled to Pflegefreistellung?

Every employee in a private-law employment relationship (privatrechtliches Arbeitsverhältnis) is entitled to it. There is no waiting period: you can use Pflegefreistellung from the start of your employment.

Pflegefreistellung is regulated by section 16 of the Austrian Annual Leave Act (Urlaubsgesetz, UrlG).

When can you use care leave?

The rules cover several situations involving children:

• Caring for a sick child: care leave is available for your biological, adopted (Wahlkind) or foster child (Pflegekind), even if the child does not live in your household.
• The usual childcare provider is unavailable: you may use it to supervise your child if the person who normally looks after the child is unavailable—for example, because they are ill, in a medical facility, serving a prison sentence or have died.
• Accompanying a child in hospital: you may accompany a child who has not yet reached the age of 10 during an inpatient hospital stay (Begleitungsfreistellung).

The rule may also apply to the biological child of your spouse, registered partner or partner, but only if the child lives in your household.

Pflegefreistellung is not limited to children. It is also available to care for close relatives, such as parents, grandparents, grandchildren, a spouse or a partner, regardless of whether you share a household. You may also use it to care for another sick person who lives in your household, such as an aunt or a friend.

The care must be necessary. If another suitable person is available to provide the care, Pflegefreistellung is not available. However, you are not required to find and pay for a carer yourself.

How much care leave is available each year?

The entitlement is calculated according to your weekly working time rather than in a fixed number of days, and applies to the working year (Arbeitsjahr).

• Basic care leave (allgemeine Pflegefreistellung): up to one week's working time per working year, where necessary care or supervision is required.
• Extended care leave (erweiterte Pflegefreistellung): a further one week's working time per working year if the first week has been completely used and a child under 12 becomes ill.
• Unilateral use of annual leave (einseitiger Urlaubsantritt): annual leave may be taken if the extended entitlement has also been exhausted and you need to care for a child under 12.

Care leave can be taken for full days or, where necessary, for individual hours.

What is extended care leave?

If you have used the first week completely and your child under 12 becomes ill again, a further one week's working time may be available. This applies to your biological, adopted or foster child, and to your partner's biological child if that child lives with you.

An additional condition is that payment for this situation must not already be available under another law, a collective agreement (Kollektivvertrag) or your employment contract.

What if the second week is also exhausted?

If the child under 12 becomes ill again during the same working year, you have the following options:

1. Unilateral use of annual leave: you may take annual leave to care for the child without the employer's consent.
2. Recognised obstacle to working: you may rely on the fact that your child is ill and requires care (Dienstverhinderungsgrund).
3. Unpaid leave: you and your employer may agree on leave without pay (Karenzierung).

How should you notify your employer and provide evidence?

You must notify your employer immediately if you take care leave, take annual leave unilaterally or rely on an obstacle to working.

You can demonstrate that care is necessary in either of two ways:

• by informing the employer verbally or in writing; or
• with a medical certificate (ärztliches Attest).

You generally decide which form to use, but it is advisable to clarify in advance whether your employer requires a medical certificate. If the employer insists on one, the employer must pay the cost charged by the medical practice; social insurance generally does not cover this cost. If you provide a certificate without being asked for one, you must pay the cost yourself.

Can you be dismissed for taking care leave?

If you are dismissed because you have taken, or plan to take, Pflegefreistellung, you can challenge the dismissal in court.

• Requesting written reasons: you must request them within 5 calendar days of receiving the dismissal.
• Employer providing reasons: the employer must provide them within 5 calendar days of receiving your request.

Failure to provide the reasons does not change the validity of the dismissal. You may bring a claim regardless of whether you requested reasons and regardless of what those reasons say.

Frequently asked questions

Is Pflegefreistellung deducted from annual leave?

No. Pflegefreistellung is an obstacle to working, not annual leave, and your pay continues. Annual leave is used only when both weekly entitlements have been exhausted and you take leave unilaterally.

Can I take it for only a few hours?

Yes. Care leave can be taken by the day or by the hour.

Is it available in a new job?

Yes. You can use it from the beginning of the employment relationship.

Is it available if my child does not live with me?

Care leave for your biological, adopted or foster child is available even without a shared household. For your partner's biological child, however, a shared household is required.

Practical steps

1. Notify your employer immediately that you need Pflegefreistellung, unilateral annual leave or recognition of an obstacle to working.
2. Explain whether you need care leave for a sick child, supervision because the usual childcare provider is unavailable, or hospital accompaniment.
3. Check how much of your one-week basic entitlement remains in the current working year.
4. If the first week is fully used and a child under 12 becomes ill, check whether the conditions for the additional one-week entitlement are met.
5. Ask whether your employer requires a medical certificate. If the employer insists on one, the employer pays its cost; otherwise, a certificate you obtain without being asked for it is at your expense.
6. If the entitlement is exhausted, discuss unilateral annual leave, a recognised obstacle to working or unpaid leave with the employer.
7. If you are dismissed because of planned or actual care leave, consider challenging the dismissal in court and remember the 5-calendar-day deadline for requesting written reasons.

This article is based on information available online and is not legal, medical or other professional advice. Use it at your own responsibility. For professional advice, contact a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant adviser.

Source: oesterreich.gv.at