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Coronavirus – Update: Information for employees with care obligations

The following outlines several different personal situations and shows what possibilities exist under the legal provisions in order to best accommodate personal circumstances, especially with regard to care obligations, and the requirements of TU Wien.

COVID-19 Update 9.4.2020

Following the implementation of measures to combat COVID-19, large parts of TU Wien's operations have been converted to home office. Many employees both on-site and at home are helping to ensure that TU Wien continues to function during these extraordinary times, and are proud members of the TU Wien team. For some employees, however, the general conditions are such that it is not possible to work at all, or only to a lesser extent.

Measures concerning COVID-19 from 16 April 2020 until 30 April 2020 (provisional)

The following outlines several different personal situations and shows what possibilities exist under the legal provisions in order to best accommodate personal circumstances, especially with regard to care obligations, and the requirements of TU Wien. Although it may not be possible to find an individual solution for every situation, this factsheet should provide guidance and help all parties to work out a mutually satisfactory solution that leaves everyone feeling able to make their contribution to addressing this crisis.

1. All employees:

Unable to work from home

If it is not possible for you to perform any of your duties from home, any existing time credit that you have built up must be reduced in a spirit of solidarity with our university. Holiday allowances, especially any unused holiday from previous years, must also be used up.In a letter to the rectors of all Austrian universities, the federal ministry of education, science and research has explicitly pointed out that the federal ministry also expects all those employees who currently have a low workload to consume any overtime credits or old holiday allowances.

2. For those with care obligations, the following regulations also apply:

Special care period

There is the possibility of up to three weeks' paid leave for the care of children up to the age of 14 or people with disabilities. The requirements for this regulation are:

  1. Employee is not a key worker required to maintain operations
  2. Obligation to provide care for at least one child under the age of 14 or for a person with disabilities
  3. Closure of educational institutions or childcare facilities or facilities for the disabled, or a teaching institution for people with disabilities, or a higher education school where people with disabilities are cared for or taught
  4. No other right to an exemption from work for the care of the child/children or the person with disabilities exists (under Article 8 par. 3 of the AngG)

Confirmation from the educational institution or care facility is required as proof of closure. In these cases, TU Wien is entitled to be compensated by the state for one third of the salary paid during the special care period.

Single parent/guardian

The closure of schools and childcare facilities are a particular challenge for single parents and guardians. In the event that the conditions for the special care period are not met, we will still grant paid leave for the obligation to provide care.

No other possibility of childcare

If the conditions for the special care period are not met and there is no other possibility of childcare (e.g. care by other relatives, such as the other parent or care in small groups by the school or nursery), we will also grant paid leave for the obligation to provide care. Please provide confirmation from the employer of your partner/the other parent that neither home office nor a special care period nor other exemptions for satisfying care obligations will be granted, or that a reduction in working hours (Kurzarbeit) that would enable care obligations to be fulfilled, has been enforced.

Definition of home office and care obligations

In all other cases not mentioned above, the employee should consider the extent and times at which home office is possible and when it is not (= childcare leave) and submit a proposal to the line manager so that a solution can be agreed together.

Caring for relatives and people with disabilities

The measures relating to COVID-19 also have an impact on carers for family members and people with disabilities, especially if paid care is no longer available. A special care period is also possible for the employees affected, if:

  1. Due to an absence of care staff, 24-hour care in the sense of the Home Care Act [Hausbetreuungsgesetz] is no longer being provided and the employee whose work is not required for the maintenance of the operations (key worker) takes over the majority responsibility of providing care to a family member (all blood relatives and partner's relatives) from the time that the previous care solution is no longer being provided
  2. The employee is providing care for a disabled people due to a voluntary measure of the care institution or has voluntarily taken the disabled person out of the institution to care for them at home

We kindly ask that you ensure that any periods of care do not conflict with your duties, so that the respective activities at TU Wien can continue to be maintained!

Despite the challenging conditions, I wish you a relaxing Easter period.

Anna Steiger
Vice Rector Human Resources and Gender