Coronavirus: Release of risk groups from duty

The Federal Government provides clarity on which risk groups are entitled to paid leave of absence.

Particular attention must continue to be paid to the protection of employees' health, especially for those groups who are at particular risk of infection in the medical sense. This is all the more true now, as the gradual reopening of businesses in the foreseeable future will lead to an increase in the intensity of economic activity and thus in the frequency of contacts.

Risk groups defined by experts

In recent weeks, a group of experts has defined the particular risk groups and developed a catalogue of measures. Yesterday, during a press conference, further details on the special protection for this group were presented. Subject to a corresponding resolution in the National Council, the regulation will come into force on 4 May.

The key points:

• The list of affected persons, drawn up on the basis of the expert group's criteria, comprises approximately 90,000 employees nationwide.
• The umbrella organisation for social insurance providers must inform employees of individual belonging to a risk group.
• Following this, doctors assess the individual situation of those affected and, if necessary, issue a risk certificate. The risk certificate can also be issued without a prior information letter from the umbrella organisation.
• If employees present a risk certificate, supervisors in the company can, in agreement with the employees concerned, implement suitable protective measures. The following staged plan applies:
  • We need to check if it is possible to implement special arrangements at the workplace within the company.
  • Where this is not possible, the work is to be done from home.
  • Even if this cannot be realised, complete release from work duties will apply.
• Pleasingly, in the event of the need for complete exemption, the employer will be reimbursed by social insurance for all wage costs (including ancillary wage costs).

Also valid for critical infrastructure

The regulation also applies to employees in critical infrastructure sectors. Termination due to the use of special leave can be challenged in court. The special leave for employees belonging to a risk group can last until 31.5.2020, with an extension being possible.

To fulfil the employers' duty of care, it was of great importance to receive clear guidance on the further course of action by defining the risk group.

The present regulation serves to protect the health of employees in the best possible way, but also to prevent additional costs for businesses. The WKO continuously updates all information on the next steps and available support measures on its Coronavirus Information Point.

Source https://news.wko.at/news/oesterreich/COVID-19:-Offene-Fragen-bei-Freistellung-von-Risikogruppe.html

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