Educational leave schemes throughout Europe
Austria
Unpaid Educational leave
Legal framework
Leave of absence without remuneration - this fits into both categories of "UNPAID" and "PAID" educational leave: Legal basis: Law on the Adaptation of Labour and Contract Law (AVRAG);
If paid educational leave is taken, there is an obligation to provide proof of attendance at a continuing training course, but in the case of leave of absence without remuneration this is not necessary.
If unpaid educational leave is taken, an application for the continuing training allowance, equivalent to the paid educational leave allowance, may be made (see paid educational leave). This is also financed from unemployment insurance funds. The pre-condition for authorisation of the continuing training allowance - in addition to eligibility - is that the employer should conclusively show that a replacement has been recruited for this period. This replacement must be a person who was receiving unemployment benefit or emergency welfare before recruitment, and the remuneration must lie above the minimum income margin.
Beamten-Dienstrechtegesetz
1979, the law on in-service right of public servants gives public
officials, including teachers in schools and universities, the right
to leave for personal reasons, special leave which can also be used
for educational purposes. A similar law (BGBl. No. 302/1984)exists
for teachers working at regional level (Landeslehrer).
Objectives
One of the objectives of leave of absence without remuneration is to offer workers the possibility of participating in lifelong learning and attending training courses. In addition to this, persons registered as unemployed should get the opportunity of being re-integrated in the work process.
Types of training
There are no restrictions, no proof of attendance at training courses is required.
Training providers
All educational and continuing training establishments
Target sector(s)
Both public and private sector
Target group(s)
Workers (and registered unemployed persons)
Eligibility criteria
The persons concerned should fulfil the eligibility criteria for unemployment benefit (minimum period of employment with paid-up unemployment insurance contributions: 52 weeks within the last 2 years);
In addition, the pre-requisite for authorisation of the continuing training allowance is that the employer should conclusively show that a replacement has been recruited for this period.
Aat Federal level, teachers must have had at least 10 years continuous service.
Stipulations for participants
There must be agreement between the employer and the employee on leave of absence without remuneration.
If an application for the continuing training allowance is submitted, the pre-condition for approval is recruitment of a replacement with a salary above the minimum wage. As long as the continuing training allowance is being paid, the released worker may not obtain earnings, either in a paid job or through self-employment, higher than the minimum wage.
Duration of training
Leave of absence without remuneration can extend for a period of 6 to 12 months. In the case of public officials, for periods over three months or over six months in the case of university employees, ministerial approval is required.
Status of participants
Workers who apply for the continuing training allowance during leave of absence for training without remuneration are covered by health insurance but have no accident and pension insurance (exception: persons above the age of 45 also have pension insurance). If no application is made for the continuing training allowance, the social security contributions have to be paid by the employee.
Application procedure
The application has to be presented to the competent office of the Labour Market Service (AMS). The provisions governing applications for unemployment benefit apply to applications for the continuing training allowance.
Regulation, control and monitoring procedures
Possibility of planning their own time schedule
Statistics
In January 2000 the following number of workers obtained leave of absence without remuneration and received the continuing training allowance obtainable through recruitment of a replacement by the employer: WOMEN
:
24
plus 2 who are above 45 years of age (that is +2 as against January 1999)
MEN
:
6, that is +3 (+100%) as against January 1999
plus 1 who are above 45
years of age (that is +1 as against January 1999)
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