| Working hours and industry restrictions | | |
| Can women work the same night hours as men? | Yes | No restrictions could be located.
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| Can women work in the same industries as men? | Yes | No restrictions could be located.
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| Can pregnant women and nursing mothers work the same number of hours as men and other women? | No | Mutterschutzgesetz Arts. 6, 7, and 8
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| Parental benefits: leave | | |
| Does the law mandate paid or unpaid maternity leave? | Yes | Mutterschutzgesetz, Arts. 3 and 5
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There is no explicit paternity leave in Austria. Fathers are entitled to share in the parental leave provided for parents up until the child reaches the age of two as per the Väter-Karenzgesetz, Art. 2. Does the law mandate paid or unpaid paternity leave? | No | No applicable provisions could be located.
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| Does the law mandate paid or unpaid parental leave? | Yes | Mutterschutzgesetz, Art. 15.a
Väter-Karenzgesetz, Art. 3 |
| Parental benefits: length | | |
| What is the mandatory minimum length of paid maternity leave (in calendar days)? | 112 | Mutterschutzgesetz, Arts. 3 and 5
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| What is the mandatory minimum length of unpaid maternity leave (in calendar days)? | 0 | No applicable provisions could be located.
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| What is the mandatory minimum length of paid paternity (in calendar days)? | 0 | |
| What is the mandatory minimum length of unpaid paternity leave (in calendar days)? | 0 | |
| What is the mandatory minimum length of paid parental leave (in calendar days)? | 674 | No applicable provisions could be located.
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| Where parental leave exists, is there a minimum number of days which must be taken by the mother (in calendar days)? | 60 | Mutterschutzgesetz, Art. 15.a
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| Where parental leave exists, is there a minimum number of days which must be taken by the father (in calendar days)? | 60 | Väter-Karenzgesetz, Art. 3
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| Parental benefits: wages | | |
| What percentage of wages is paid during maternity leave? | 100 % | Allgemeines Sozialversicherungsgesetz, Art. 162
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| What percentage of wages is paid during paternity leave? | 0 % | |
Employees receive child care compensation and family allowances during parental leave. What percentage of wages is paid during parental leave? | Partially paid | Mutterschutzgesetz, Arts. 15.1 and 15.a.1
Väter-Karenzgesetz, Art. 2.1 and Art. 3.1 |
| Parental benefits: who pays? | | |
| Who pays maternity leave benefits? | Government | Allgemeines Sozialversicherungsgesetz, Art. 162
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| Who pays paternity leave benefits? | N/A | |
| Who pays parental leave benefits? | Government | Mutterschutzgesetz, Art. 15.1 and 15.a.1
Väter-Karenzgesetz, Arts. 2.1 and 3.1 |
| Parental benefits: protection of mothers | | |
| Are there laws penalizing or preventing the dismissal of pregnant women? | Yes | Maternity Protection Act (original language), Sec. 4, Para. 10-12
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| Are employers required to provide break time for nursing mothers? | Yes | Maternity Protection Act (original language), Sec. 3, Para. 1
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| Parental benefits: return from leave | | |
| Are there laws obligating the employer to give the employee the same job when she returns from maternity leave? | No | No application provision could be located.
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| Are there laws obligating the employer to give the employee the same job when he returns from paternity leave? | N/A | |
| Are there laws obligating the employer to give the employee the same job when she/he returns from parental leave? | No | |
| Retirement and pensions | | |
What is the statutory retirement age for men in the private sector? | 65 | Allgemeines Pensionsgesetz, Sec. 4
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As per new laws in effect since 2005, retirement ages will equalize in 2033 at age 65.
What is the statutory retirement age for women in the private sector? | 65 | Allgemeines Pensionsgesetz (APG), Art. 16.6
Bundesgesetzblatt nr. 832/1992, Sec. 3 |
| What is the minimum pensionable age for men in the private sector? | 62 | Allgemeines Pensionsgesetz, Sec. 4.2
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| What is the minimum pensionable age for women in the private sector? | 62 | Allgemeines Pensionsgesetz, Sec. 4.2
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| In the private sector, is it mandatory to retire at the statutory retirement age? | No | No applicable provisions could be located.
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| Legal rights in the workplace | | |
| Are there laws or constitutional provisions mandating equal pay for equal work? | Yes | Equal Treatment Act (original language), Art. 11
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| Are there laws mandating nondiscrimination in hiring practices on the basis of gender? | Yes | Equal Treatment Act (original language), Art. 3
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| Are there laws protecting employees from sexual harassment in the workplace? | Yes | Equal Treatment Act (original language), Art. 6
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| Is it illegal to ask questions about a prospective employee’s family status during a job interview? | No | No restriction could be located.
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An employee who has maintained an employment relationship for an uninterrupted period of three years in a company of more than 20 employees is entitled to part-time employment up to the child’s seventh birthday at the latest or any later date of the child’s entry into school. The employer and the employee shall agree upon the details of the part-time arrangement. Do employees with minor children have any additional legal rights to a flexible or a part-time work schedule? | Yes | Maternity Protection Act (original language), Art. 15.h and 15.i
Parental Leave for Fathers Act (original language), Art. 8 and 8.a |