Room nurse in sick leave and still receives 6,260 euros!
Room nurse in sick leave and still receives 6,260 euros!
Mistelbach, Österreich - A space nurse from the Mistelbach district in Lower Austria is currently experiencing a controversy after her termination during a sick leave. The discharge happened in the summer of 2024 without complying with the statutory notice periods. According to 5min.at she was also deregistered by the Austrian Health Insurance Fund (ÖGK) and received no wage bill for 2024.
The Situation led the person concerned to the Chamber of Labor (AK) in Mistelbach, which was strong for their claims. Finally, the AK was able to enforce a sum of 6,260 euros for the space carer, which is legally and contractually. Rudolf Westermayer, head of the AK Mistelbach, emphasizes that the passage to the AK district office is always worthwhile in such cases.
legal situation during sick leave
The termination of employees during a sick leave often raises legal questions. There is no generalized protection against dismissal for sick employees. Employers can terminate during a sick leave, but this is bound to certain procedures. A termination becomes legally effective as soon as the employee receives you (e.g. in writing), such as wko. This also applies if the employee is not in the same place as long as the termination comes into the area of power of the employee.
However, the legal framework does not limit the possibility of terminating during a sick leave. Employers are also not obliged to postpone dismissal. However, employees are entitled to continued payment of the fee if the right to continue to pay. In the event of unclear or lack of access to the termination pronunciation, especially in cases of illness, the effectiveness of the termination can be questioned.
clarification of employee rights
According to the regulations, employees in sick leave must submit a confirmation of sick leave after a reasonable time, which contains certain information at the beginning and expected duration of the incapacity to work. Neither a diagnosis is requested nor does a late sick leave leads to termination without further notice. The Workers' Chamber informs that the decision about the incapacity to work is the responsibility of the treating doctor.In addition, the ÖGK must be informed when changing the whereabouts during the sick leave. Another important detail is that employees should keep an eye on the contractual conditions and any collective contracts in order to ensure their claims in the event of illness. The current situation of the space nurse illustrates the relevance of these regulations and possibly poor information about the rights of employees.
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| Ort | Mistelbach, Österreich |
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