New rules on flexible parental leave

In January 1999, the Austrian government set out the lines along which it intends to transpose the EU Directive on parental leave from the beginning of 2000. Key details are to be agreed by the social partners.

The Austrian government, on 21 January 1999, decided to bring parental leave regulations closer into line with the EU Council Directive (96/34/EC) on parental leave (TN9801201S). Parents, if the mother was employed during the pregnancy, are currently entitled to 24 months' leave, which has to be taken before the child turns two years old. From 1 January 2000, the age limit for the child concerned will be extended to eight years old. The rule whereby parental leave is limited to 18 months, if the father does not take at least six months, remains unchanged. The parents, after the birth, will have eight weeks instead of four to decide on the division of the leave between them. There will now be another period later on during which parents will have to declare how they intend to split up the remainder of the leave between them. Following adoption of a child aged between two and eight, the parents will be entitled to six months' leave.

The government has requested the social partners to thrash out the details of the revisions. These include the minimum length of any period of leave, and three months is thought to be a likely result of the deliberations. They also include the question as to whether the timing and duration of any period of leave will have to be negotiated with the employer or will be up to the parents to choose, or whether such rules are to be set by collective agreement. The latter is thought to be unlikely. The government's current determination to have every new legal measure assessed for its effect on employment may come to play a role in the social partners' negotiations.

In the run-up to the announcement of the government's plans, there was also a suggestion that grandparents should be included in the 24-month entitlement.