Name of Educational Leave Scheme

Paid Educational leave

• Introduction
• Legal framework
• Objectives
• Types of training
• Training providers
• Target sector(s)
• Target group(s)
• Eligibility criteria
• Stipulations for participants
• Duration of training
• Status of participants
• Application procedure
• Regulation, control and monitoring procedures
• Funding mechanisms
• Payment to persons on leave
• Statistics

Introduction

Educational leave has existed since 1.1.1998. It is applicable in the whole of the Federal territory.

The entitlement to paid educational leave is acquired after at least three years of continuous service with the same employer. The employer must agree to educational leave, the time and length should also be agreed with the employer.

Legal framework

The legal bases are paragraph 11 of the Law on the Adaptation of Labour and Contract Law (Arbeits- und Vertrags-rechtsanpassungsgesetz - AVRAG) and paragraph 26 of the Law on Unemployment Insurance (Arbeitslosenversicherungsgesetz - AlVG).

Paid educational leave is only available for workers covered by the Law on the Adaptation of Labour and Contract Law (Arbeits- und Vertragsrechtanpassungsgesetz - AVRAG). Public officials are not included in this law. Public employees with a work contract (Vertragsbedienstete) may take educational leave only if the legal service provisions provide this facility in line with the AVRAG.

Educational leave can also be added on to parental leave, but in this case protection against dismissal lapses at the end of parental leave.

  Objectives

The purpose of educational leave is to enable workers to obtain release from work for a longer period in order to attend training courses without having to give up their jobs. Another objective, at the same time, is to create new job opportunities for job-seekers.

Types of training

In principle, all training measures which can be defined as "training" or "continuing

Training providers

Training courses may be attended in any training or continuing training institution which issues confirmation of attendance or a final certificate.

  Target sector(s)

Private sector including SMEs.

Target group(s)

Workers whose participation in a continuing training course will be facilitated.

Eligibility criteria

Persons who have worked for the same employer for at least 3 years without interruption are entitled to educational leave. A fresh entitlement is created after a further 3 years of continuous service.

Stipulations for participants

The employer must approve of educational leave. Proof of participation in the selected training course has to be submitted through an attestation of registration or attendance. A minimum number of hours per week is not stipulated.

Duration of training

Educational leave can be taken for between 3 months and one year at most. The time and duration of leave should also be agreed with the employer.

Status of participants

The workers are covered by health and accident insurance during the period of educational leave but have no pension insurance (exception: persons above 45 years of age also have pension insurance).

There is no entitlement to a vacation bonus or a Christmas allowance during the period of educational leave.

During educational leave there is no protection against dismissal as there is during parental leave. However, workers cannot be dismissed because they took educational leave but they can be dismissed for other reasons.

Application procedure

The application for educational leave has to be presented to the competent regional office of the Labour Market Service (AMS). Also the employer must agree to educational leave.

Regulation, control and monitoring procedures

Funding mechanisms

Educational leave is funded from unemployment insurance funds, 50% of which are obtained from workers' contributions and 50% from employers' contributions.

Payment to persons on leave

From 1.10.2000 workers above the age of 45 will receive a continuing training allowance amounting to the fictive level of unemployment benefit (with a time limit up to 31.12.2003).

During educational leave it is permitted to earn additional income if normal earnings lie below the minimum wage (1.1.2000: ATS 3 977/EUR 289).

Statistics

In January 2000 the following number of workers took educational leave for continuing training:

WOMEN :

2353, that is +1833 (+352.5%) as against January 1999

plus 17 who were over 45 years of age (that is +17 as against January 1999)

MEN :

270, that is +59 (+28%) as against January 1999

plus 7 who were over 45 years of age (that is +7 as against January 1999)