Talowski clarifies:

“Dismissal while on sick leave must not be a solution”

Hermann Talowski, entrepreneur and chairman of the trade and crafts sector

(Bild: © Helmut Lunghammer)

The case has made waves in the media: a company employee is diagnosed with cancer and is dismissed while still on sick leave. Although this is legally flawless, it is morally highly questionable. With an amendment to the current legal regulations, this would not have had to happen in the first place.

After all, employers have no interest in causing existential difficulties in addition to the psychological and physical stress to which employees are exposed. However, small and medium-sized companies themselves are also at existential risk from such situations. Solutions to this unsatisfactory situation are therefore urgently needed. Hermann Talowski, entrepreneur and chairman of the Trade and Crafts Division, puts some initial proposals on the table.

Mr. Talowski, why do cases like this actually occur?
First of all, nobody is happy with the current situation regarding continued salary payments, neither the employer nor the employee. Both sides are facing existential problems. We're not talking about "sniffle-induced, short-term sick leave" here, but life-threatening illnesses with long periods of absence. Here, continued payment of wages can become a massive existential problem, especially for small companies.

(Bild: chokniti | stock.adobe.com)

Doesn't ÖGK cover these costs?
First of all, the company must continue to pay the salary. Anyone who has been employed by a company for around 12 years and is suddenly absent due to illness is entitled to 8 weeks' full pay, which is paid 100% by the employer, and a further 4 weeks' half pay, also paid by the employer. Only here does ÖGK step in with the second half of the salary. And what weighs particularly heavily: At the beginning of the new working year, a new full entitlement to continued payment of salary arises towards the employer in the event of illness; this also applies if the new working year begins during an ongoing incapacity to work. This reference date must no longer apply. Subsequently, ÖGK assumes the ongoing costs, i.e. the employer does not start from scratch again and does not have to pay full remuneration for another 8 weeks and half remuneration for another 4 weeks.

How can the situation be defused?
By changing the regulations. For example, you can define a list of serious illnesses where ÖGK continues to pay the salary from the first day and the employee is protected against dismissal. This can be solved, but it is a question of political will. You only have to think of the issue of new severance pay: this works perfectly and is a classic win-win situation.

How should this be financed?
By using the ÖGK contributions that are due for the 13th and 14th salary, for example. To put it bluntly: You can only be ill for 12 months a year, but the employee and employer pay for 14 months.

Hermann Talowski, entrepreneur and chairman of the trade and crafts sector, puts initial proposals on the table.

(Bild: © Helmut Lunghammer)

What do you plan to do next?
As a first step, we are calling for the abolition of the cut-off date, which threatens the existence of the company and on which the continued payment of wages begins anew. Subsequently, we would like to initiate a discussion process and gain as many partners as possible in order to exert corresponding pressure on politicians. To this end, we would like to invite the social partners, Austrian Cancer Aid and other organizations to a round table. One thing is certain: dismissal during sick leave must not be the solution to the problem! We as employers do not want that. Employers and employees are in the same boat. A regulation must be found that alleviates financial hardship. A clear mandate for the next federal government!