In Austria, employees are entitled to at least 25 working days of paid annual leave per year under the Annual Leave Act (Urlaubsgesetz). This increases to 30 working days after 25 years of service with the same employer. Leave is calculated based on working days (Monday to Saturday), so a five-day worker receives 25 days (five weeks) or 30 days (six weeks) of leave.

Statutory entitlement

25 working days of paid annual leave per year (five weeks for a five-day worker). Increases to 30 working days after 25 years of service with the same employer.

Eligibility

All employees are entitled to annual leave. The full entitlement is available after six months of employment. For employment lasting less than six months, leave is pro-rated at 2.08 days per month.

Employer obligations

  • Grant at least 25 working days of paid annual leave per year.
  • Pay the employee's normal remuneration during annual leave, including regular allowances and supplements.
  • Allow the employee to take their annual leave within the calendar year.
  • Pay out unused annual leave on termination of employment.
  • Not require the employee to waive their annual leave entitlement.

Employee rights

  • Right to 25 working days of annual leave (30 after 25 years of service).
  • Right to full pay during annual leave, including regular supplements.
  • Right to carry over unused leave into the next year only in specific circumstances (e.g. illness).
  • Right to paid leave payout on termination.

Common pitfalls

  • Not counting leave in working days — Austria counts leave in working days (including Saturdays), not calendar days. A five-day worker gets 25 days (five weeks).
  • Not including supplements in holiday pay — regular allowances, overtime supplements, and commissions must be included in holiday pay calculations.
  • Forgetting the 25-year service increase — after 25 years with the same employer, the entitlement increases to 30 working days.

How annual leave is calculated

Annual leave is calculated in working days. For a standard five-day workweek, 25 working days equals five weeks. Saturdays count as working days for the purpose of calculating leave entitlement, even if the employee does not normally work on Saturdays.

Holiday pay calculation

Holiday pay is based on the employee's average earnings over the 13 weeks before the leave, including regular allowances, overtime supplements, and commissions. This ensures that employees are not disadvantaged by taking leave.

Carry-over of unused leave

Unused annual leave generally cannot be carried over into the next calendar year. However, if the employee was unable to take leave due to illness or other compelling reasons, carry-over is permitted.

Frequently asked questions

Does annual leave include public holidays?

No. Public holidays (Feiertage) are separate from annual leave and do not count against the annual leave entitlement.

Can an employer refuse annual leave?

Employers can refuse leave for operational reasons, but must allow the employee to take their leave within the calendar year.

What happens to unused leave on termination?

Unused annual leave must be paid out on termination of employment. The payout is calculated based on the employee's current remuneration.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.