Do third country nationals have a right to educational leave or part-time educational furlough?
Do third country nationals have a right to educational leave or part-time educational furlough?
Continued education is an attribute that I exemplify in my law firm and find to be utterly important.
More and more employees see this as well and wish to take a break from their daily work routine to gain career development.
If the desire for training/education arises, educational leave can be a quite effective way.
Educational leave is an employee's leave of absence of employment. This leave of absence comes without pay and is valid for the duration of the training/education measure.
What is educational leave ?
Educational leave is an employee's leave of absence of employment. This leave of absence comes without pay and is valid for the duration of the training/education measure.
During the existing educational leave both the employer and employee enjoy certain benefits:
The work contract remains in place and the employee retains his accident-and health insurance.
The employer does not have to pay a salary. The Publich Employment Service (PES) takes over the "continued training money", which corresponds to the amount of unemployment money.
If the employer cannot afford to or want you to take a leave, part-time educational furlough is an exciting middle ground between a complete break and the possibility to pursue further training.
What is part-time educational furlough?
Part-time educational furlough can be seen as a more limited form of educational leave.
The working hours are hereby reduced to 25-50%, whereby a minimum of 10 hours a week have to go towards further training.
In addition at least 10 hours per week have to be spent working for your employer. For the lost hours one can receive aliquot wage substitute.
Both educational leave and part-time educational furlough require a performance record.
What are the general requirements for educational leave and part-time educational furlough?
Both educational leave and part-time educational furlough require a performance record.
If the educational leave is invested for a degree, at least 4 Semester hours (that corresponds to 8 ECTS-Credits) per Semster have to be completed.
With part-time educational furlough the requirement is reduced to half, (2 Semester hours, i.e., 4 ECTS-credits).
According to current legal regulations it is possible to obtain educational leave with a Red-White-Red-Card.
Is there entitlement to educational leave with a Red-White-Red Card?
Do third country nationals have the right to obtain educational leave or part-time educational furlough or does this only apply to Austrian or EU citizens?
Lets get to the bottom:
Both the law and judicature do not shed much light. Only the Alien Employment Law regarding Red-White-Red-Cards mentions the topic of educational leave in connection with third party nationals.
It regulates the conditions under which the "Red-White-Red-Card Plus" can be issued.
Concretely the relevant legal wording reveals that owners of a "Red-White-Red-Card ", before they receive a "Red-White-Red-Card Plus", according to Residence Law have to have been employed for 21 out of the last 24 months under the conditions necessary for issuance.
That does not deal with educational leave per se. However, then the statutory provision
makes reference to educational leave, which is encompassed in the minimum employment duration regarding the "Red-White-Red-Card".
The aforementioned provision illustrates that educational leave with a Red-White-Red-Card is possible (also therefore with a Red-White-Red-Card Plus).
And what about part-time educational furlough?
Even if part-time educational furlough is not explicitly mentioned, the same rules apply to part-time educational furlough, so that third-country nationals can take part-time training as well as part-time training.
Therefore if you want to take educational leave or part-time education with a “red-white-red card”, there are no further obstacles in your way.
Of course, the possibility of taking educational leave or part-time education also depends on whether your employer consents.
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