Insights
HR & PAYROLL
Leave for Deployments in Major Damage Events
When deployments occur during working hours, the question arises whether employees are entitled to paid leave. The statutory provisions provide a right to continued payment of wages.
In Austria many employees volunteer in disaster relief organisations, rescue services and mountain rescue. Especially after the recent flood events this issue has again come to the fore. Employees who, after the start of their employment, are prevented from working because of a deployment as voluntary member of a disaster relief organisation, a rescue service, a volunteer fire brigade in a major damage event or as a member of a mountain rescue service during a mountain rescue operation are entitled to continued payment of wages. The prerequisite is that the extent and timing of the leave have been agreed with the employer.
Major damage event
A major damage event exists when, over an uninterrupted period of at least eight hours, more than 100 persons are deployed. The cause must be attributable to a natural occurrence or a single damage incident. A mountain rescue operation also includes rescue actions in caves. Where several events occur side by side, it must be examined whether they are linked. Thus, (independent) fires in three localities in the same district do not yet constitute a major damage event, whereas linked rainfalls that lead to flooding in several places can indeed be qualified as a major damage event. Each case requires an individual assessment.
The agreement on leave can also be made in advance for future deployments. A subsequent and timely consent by the employer is also possible and does not exclude reimbursement of the continued wage payments made. If no such agreement exists, participation in the deployment does not in itself constitute grounds for dismissal.
Reimbursement by the federal state
Employers who continue to pay the wages of an employee because of a service impediment due to participation in a major damage event or mountain rescue deployment can, according to the respective state regulations, receive reimbursement from the federal state. The application must be made in the state where the event occurred. The federal government provides subsidies to the states from the Disaster Fund for payments that the state makes to employers as reimbursement for continued wage payments. The fund amount is a flat EUR 200 per (minimum eight hours) deployed rescue worker per day. The term "day" is to be understood as a working day in the scope of the daily normal working time as set out in the work‑time schedule (duty roster, shift plan). The prerequisite for reimbursement is therefore that the employer releases the rescue worker for the full duration of a working day and continues to pay the wage.
Note
For employees who are engaged voluntarily it is important to discuss the matter with the employer early and to reach clear agreements on possible leave for deployments. This way, in an emergency, both the deployment and professional obligations can be coordinated as effectively as possible.
Major damage event
A major damage event exists when, over an uninterrupted period of at least eight hours, more than 100 persons are deployed. The cause must be attributable to a natural occurrence or a single damage incident. A mountain rescue operation also includes rescue actions in caves. Where several events occur side by side, it must be examined whether they are linked. Thus, (independent) fires in three localities in the same district do not yet constitute a major damage event, whereas linked rainfalls that lead to flooding in several places can indeed be qualified as a major damage event. Each case requires an individual assessment.
The agreement on leave can also be made in advance for future deployments. A subsequent and timely consent by the employer is also possible and does not exclude reimbursement of the continued wage payments made. If no such agreement exists, participation in the deployment does not in itself constitute grounds for dismissal.
Reimbursement by the federal state
Employers who continue to pay the wages of an employee because of a service impediment due to participation in a major damage event or mountain rescue deployment can, according to the respective state regulations, receive reimbursement from the federal state. The application must be made in the state where the event occurred. The federal government provides subsidies to the states from the Disaster Fund for payments that the state makes to employers as reimbursement for continued wage payments. The fund amount is a flat EUR 200 per (minimum eight hours) deployed rescue worker per day. The term "day" is to be understood as a working day in the scope of the daily normal working time as set out in the work‑time schedule (duty roster, shift plan). The prerequisite for reimbursement is therefore that the employer releases the rescue worker for the full duration of a working day and continues to pay the wage.
Note
For employees who are engaged voluntarily it is important to discuss the matter with the employer early and to reach clear agreements on possible leave for deployments. This way, in an emergency, both the deployment and professional obligations can be coordinated as effectively as possible.