Austrian maternity leave has two phases: an absolute employment ban of 8 weeks where work is completely prohibited, followed by an extended leave period of 8 weeks where the employee can choose to return. The benefit paid during both phases is Wochengeld — a health insurance payment that replaces salary. The employer’s direct financial obligation for the allowance is zero, but the employer must respect the employment ban, preserve the position, and handle the social security administration.
This guide covers Austrian maternity leave in 2026: the two-phase structure, Wochengeld calculation, the absolute employment ban, extended leave options, employer obligations, and the rules that apply before and after birth.
Key takeaways
- The employee is entitled to 8 weeks of absolute employment ban (where work is prohibited) followed by 8 weeks of extended leave (where the employee can choose to return to work).
- Wochengeld (maternity benefit) is paid by the health insurance fund at 100% of the employee’s gross salary, subject to a ceiling.
- The absolute employment ban applies from 6 weeks before the expected due date until 8 weeks after birth — the employee cannot work during this period under any circumstances.
- The extended leave period (weeks 9–16 after birth) is optional — the employee can return to work or continue the leave.
- Employers must preserve the employee’s position, respect the employment ban, and cannot dismiss the employee during the protected period.
The two-phase structure
Austrian maternity leave is governed by the Maternity Protection Act (Mutterschutzgesetz), which establishes a strict two-phase system:
Phase 1: Absolute employment ban (8 weeks)
- Before birth: Starts 6 weeks before the expected due date and continues until the date of birth.
- After birth: Continues for 8 weeks after the date of birth.
- During this period, the employee cannot work — not even voluntarily, not even with the employee’s consent. The ban is absolute.
- The employment ban is extended if the child is born before the expected due date — the post-birth 8 weeks starts from the actual birth date.
Phase 2: Extended leave (8 weeks)
- Starts at the end of the 8-week post-birth employment ban.
- Lasts for 8 additional weeks (until the child is approximately 16 weeks old).
- The employee can choose to return to work during this period — the extended leave is optional.
- If the employee does not return to work, Wochengeld continues to be paid.
Combined timeline
| Phase | Period | Duration | Can the employee work? |
|---|---|---|---|
| Pre-birth employment ban | 6 weeks before expected due date to birth | ~6 weeks | No — absolute ban |
| Post-birth employment ban | Birth to 8 weeks after birth | 8 weeks | No — absolute ban |
| Extended leave | 8 weeks after birth to 16 weeks after birth | 8 weeks | Yes — optional |
| Total | ~22 weeks |
Wochengeld: the maternity benefit
Wochengeld is the Austrian maternity benefit, paid by the employee’s health insurance fund (Krankenkasse). Under the Maternity Benefit Act (Wochengeldgesetz):
- The benefit is 100% of the employee’s gross salary (or the insured amount, whichever is lower).
- For 2026, the daily ceiling is approximately €72.91 (gross), which translates to a maximum monthly Wochengeld of approximately €2,187.30.
- Wochengeld is exempt from income tax but subject to social security contributions.
Who applies for Wochengeld?
The employee applies directly to their health insurance fund. The employer’s role is to:
- Notify the health insurance fund when informed of the pregnancy.
- Provide salary confirmation so the fund can calculate the benefit.
- Continue making employer social security contributions during the leave period.
The employer does not advance salary during the leave — the health insurance fund pays Wochengeld directly to the employee.
Worked example: Wochengeld calculation
An employee earning €2,800 gross per month (€93.33 gross per day):
- Daily Wochengeld: €93.33 (below the ceiling)
- Monthly Wochengeld: €2,800 (full gross salary)
- Over 8 weeks (56 days) of absolute ban: €5,226.48
- Over 16 weeks total (112 days): €10,452.96
An employee earning €5,000 gross per month (€166.67 gross per day):
- Daily Wochengeld: capped at €72.91 (the ceiling)
- Monthly Wochengeld: €2,187.30 (the ceiling)
- Over 8 weeks: €4,082.96
- Over 16 weeks: €8,165.92
The absolute employment ban
The absolute employment ban (absolute Beschäftigungsverbote) is the cornerstone of Austrian maternity protection. Under sections 3 and 5 of the Maternity Protection Act:
- The ban applies from 6 weeks before the expected due date until 8 weeks after the date of birth.
- During this period, the employee cannot work — not even voluntarily, not even with the employee’s consent.
- The ban is absolute, meaning there is no mechanism to waive it, even if the employee wants to work.
- If the employee works during the ban, the employer faces sanctions and the employee’s Wochengeld may be suspended.
The employment ban is designed to protect the health of the mother and child. It is one of the strictest in the EU.
What triggers the ban?
The ban starts when the employee provides the confirmation of pregnancy (Bestätigung der Schwangerschaft) from their doctor. The employer must then immediately release the employee from work. The ban cannot be deferred or postponed.
Extended leave: the optional phase
After the 8-week post-birth employment ban ends, the employee enters the extended leave period (Erweitertes Beschäftigungsverbot). Under section 5a of the Maternity Protection Act:
- The extended leave lasts for 8 weeks (from week 9 to week 16 after birth).
- The employee can choose to return to work during this period — the extended leave is optional.
- If the employee does not return to work, Wochengeld continues to be paid for the full 8 weeks.
- If the employee returns to work, Wochengeld stops and the employer resumes paying salary.
The extended leave gives the employee flexibility. Some parents return to work partway through the extended period, while others take the full 16 weeks of combined leave.
Employer obligations
Austrian employers have specific duties during and around maternity leave:
1. Notify the health insurance fund
When the employer is informed of the employee’s pregnancy, they must notify the employee’s health insurance fund. This triggers the Wochengeld process and the employment ban.
2. Release the employee from work immediately
Once the employment ban starts, the employer must release the employee from work immediately. There is no grace period. The employee cannot continue working, even if they want to.
3. Preserve the position
The employee’s position must be held open for the duration of the leave. The employee returns to the same role, or an equivalent position if the original role no longer exists, with no loss of seniority or benefits.
4. No dismissal during the protected period
Under section 10 of the Maternity Protection Act, the employee cannot be dismissed during the employment ban period. Dismissal during this period is void unless the employer can demonstrate grounds completely unrelated to the pregnancy or leave.
5. Workplace risk assessment
Under the Maternity Protection Act, the employer must assess risks to the pregnant employee and adapt working conditions where necessary. This includes adjusting tasks, working hours, or workplace environment to eliminate or reduce risks to pregnancy and breastfeeding.
6. Continue employer social security contributions
The employer must continue making employer social security contributions during the leave period, even though the health insurance fund pays Wochengeld to the employee.
Common pitfalls
1. Not releasing the employee immediately
The employment ban starts when the employer receives the pregnancy confirmation. There is no delay. Employers who allow the employee to “finish a project” or “work for a few more days” are in violation.
2. Assuming the employer pays the allowance
Wochengeld is paid by the health insurance fund, not the employer. Employers who advance salary during the leave create unnecessary cash flow problems and may not recover the amounts correctly.
3. Dismissing during the protected period
The protected period extends until the end of the employment ban. Employers who process dismissals during this period face void-dismissal risk.
4. Not assessing workplace risks
The risk assessment under the Maternity Protection Act is not optional. Failing to adjust working conditions for a pregnant employee — even if the employee does not request it — exposes the employer to liability.
5. Confusing the extended leave with the employment ban
The extended leave period (weeks 9–16) is optional — the employee can return to work. But the employment ban (weeks 1–8) is absolute. Confusing the two leads to scheduling errors during the ban and missed return-to-work opportunities during the extended period.
For more context, see our guides to annual leave entitlements in Europe and types of leave.
Frequently asked questions
How long is maternity leave in Austria?
Maternity leave in Austria is 16 weeks total — 8 weeks of absolute employment ban (starting 6 weeks before the expected due date) plus 8 weeks of optional extended leave. The employee can return to work during the extended leave period.
What is Wochengeld?
Wochengeld is the Austrian maternity benefit, paid by the health insurance fund at 100% of the employee’s gross salary (subject to a ceiling). It is paid during both the absolute employment ban and the extended leave period.
Can an employee work during the absolute employment ban?
No. The absolute employment ban prohibits work entirely — not even voluntarily, not even with the employee’s consent. The ban applies from 6 weeks before the expected due date until 8 weeks after birth.
Can an employer dismiss a pregnant employee?
No. Dismissal is void during the employment ban period, with narrow exceptions for serious misconduct unrelated to the pregnancy.
What happens if the baby is born early?
If the child is born before the expected due date, the 8-week post-birth employment ban starts from the actual birth date, extending the total leave period.
Putting it into practice
Five steps cover most Austrian maternity leave compliance:
- Notify the health insurance fund as soon as the employee provides the pregnancy confirmation.
- Release the employee from work immediately when the employment ban starts — no delays.
- Track the two-phase timeline — 8 weeks absolute ban plus 8 weeks extended leave — and plan for the employee’s return.
- Continue employer social security contributions during the leave period.
- Assess workplace risks under the Maternity Protection Act and adjust conditions before the employee returns.
A leave management system that tracks the two-phase Austrian maternity leave — the absolute employment ban and the optional extended leave — keeps employers compliant and plans for the employee’s return without manual calendar juggling.
Sources
- Austrian health insurance — Wochengeld (primary source)
- Maternity Protection Act (Mutterschutzgesetz)
- Wochengeld Act (Wochengeldgesetz)
Last updated: 26 July 2026. This article is general information, not legal advice. Wochengeld ceilings and social security rules change annually — confirm current figures with the Austrian health insurance fund and a qualified Austrian employment adviser.