Law

Moving during an ongoing job: when paid time off is due

A move can be a paid excused absence. Key factors are the collective agreement, necessary duration, proof and early notification to the employer.

Dark-haired adult employee organizes the handover of her new apartment on a summery moving day

Moving house takes time: handing over keys, a van, furniture, registration forms, and often an appointment that cannot simply be moved to the evening. Many employees therefore look for "special leave for moving". In Austria, this usually does not mean an additional type of vacation, but rather a paid personal leave of absence. Whether and for how long you are entitled to it depends on the specific move, the collective agreement, and the actual necessary absence.

The short answer: A moving day is possible, but not automatically the same length for everyone

A move can be an important personal reason that prevents employees from working for a short time through no fault of their own. The Corporate Service Portal (USP) explicitly mentions moving as a possible example of a paid leave of absence.

However, there is no uniform rule across Austria such as "every move entitles you to exactly one day off". Some collective agreements provide for one or two working days, others only speak of the necessary time or contain no explicit rule for moving. Therefore, the first step is not the vacation request, but checking the legal basis under labor law.

  • Entitlement possible: if the change of residence is an important personal reason and a necessary absence actually arises during working hours.
  • Pay continues: if the requirements for the leave of absence are met.
  • No vacation deduction: justified leave of absence is not deducted from annual leave.
  • No flat-rate duration: collective agreement and necessary time expenditure are the deciding factors.

Why "special leave" is not legally precise

In everyday life, the term special leave is understandable. Legally, however, a private change of residence usually involves other personal leave of absence. The legal starting points are Section 8 (3) of the Salaried Employees Act and § 1154b Para. 5 ABGB.

Both regulations are based on three points: The reason must be important and personal, the absence must not be self-inflicted, and it must only last for a relatively short time. Salaried employees and wage earners are generally treated equally for such personal reasons.

This is different from recreational leave. With vacation, employees and employers agree on a period for rest. With leave of absence, work performance is omitted because a specific important occasion makes the presence or participation of the employee necessary.

Four questions determine the entitlement

1. Is it a genuine change of residence?

Typically, this involves changing an existing household or establishing one's own household. Many collective agreements use exactly this wording. Transporting individual pieces of furniture, painting a room, or picking up a new couch is not automatically equivalent to moving house.

2. Does necessary work fall within your working hours?

Leave of absence assumes that you are actually prevented from performing your work. If the entire move takes place on a Saturday that is already free, this does not automatically result in a paid substitute Friday. It may look different if the handover of the apartment, key appointment, professional transport, or mandatory official errands are only possible during your scheduled working hours.

3. Can the absence be avoided or shortened?

Employees must do what is reasonable to avoid the absence or keep it as short as possible. The Chamber of Labor (Arbeiterkammer) explicitly explains this duty for personal leave of absence. This does not mean that a complete move must take place at night. However, it does mean that plannable work should be sensibly divided and available appointments should be taken into account.

4. What does your collective agreement regulate?

The collective agreement often specifies the occasion, duration, and proof. If you do not know which collective agreement applies, you can usually find the designation in your service note or employment contract. The jobspot.at guide on checking the collective agreement shows where you can find this information and the correct classification.

One or two days? Current examples show the differences

The range can be seen in two regulations applicable in 2026. These examples are not a general requirement, but only apply if the respective collective agreement is applicable to the specific employment relationship.

Example Rule for change of residence Important restriction
Employees in trade, crafts, and services 2 working days Existing own household or establishment of an own household
Workers in monument, facade, and building cleaning 1 working day Change of residence or establishment of a household, at most once per calendar year

The Collective agreement for employees in trade, crafts, and services mentions two working days. The collective agreement for monument, facade, and building cleaning provides for one working day for workers. Other industries, in turn, formulate "the necessary time" and set an upper limit.

The examples show: An answer from a friend's employment relationship does not have to be correct for your own job. The decisive factor is the actually applicable collective agreement, supplemented by law, employment contract, and more favorable company regulations.

How much time is really necessary?

Even if a collective agreement mentions up to two days, the maximum duration is not automatically owed in every case. The decisive factor can be how much working time is specifically lost due to the move. For a key handover in the same city, a few hours may be sufficient. For a move over a greater distance with a fixed transport appointment, a whole working day may be understandable.

The general legal wording "relatively short time" is not an invitation to use several days off for furnishing, decorating, and shopping. Although the USP points out that personal leave of absence per occasion generally only lasts for a short time and generally comprises at most about one week. For an ordinary change of residence, however, the specific collective agreement limits and the actual necessity are much more meaningful.

Part-time and flexitime

Part-time employees can also have a claim. However, only the planned working time in which the necessary absence lies is paid. Anyone who does not work on Mondays and moves on that day does not normally get an additional free Tuesday from it.

With flexitime, the entire flexitime frame is not simply the deciding factor. The Chamber of Labor assigns leave of absence to the time that falls within the fictitious normal working hours. Therefore, clarify in advance how the company records the hours in the time system.

How to report the move correctly: six steps

Step 1: Find the applicable rule

Check your service note, employment contract, collective agreement, and, if applicable, works agreement. Look for headings such as "leave of absence", "time off for leave of absence", "other personal reasons", "change of residence", or "moving". A general sentence in the employment contract should not be read in isolation. The article on employment contracts in Austria helps with the classification of such clauses.

Step 2: Determine the necessary time frame

Note which parts of the move are mandatory during working hours: handover protocol, key collection, booked transport, travel distance, or registration authority. Separate these tasks from activities that can be done in the evening or on a day off.

Step 3: Inform the employer early

A move is usually plannable well in advance. Inform your manager or HR department as soon as the date and expected duration are certain. The Economic Chamber (WKO) mentions moving as a recognized personal reason and at the same time emphasizes the necessary case-by-case examination. An early written notification prevents the claim from being discussed only on the evening before.

Example of wording: "I am moving into my new own household on August 14th. According to our collective agreement, I am applying for paid leave of absence for this. The key handover and the booked transport will take place between 8 a.m. and 3 p.m. I am happy to provide proof; please also confirm the recording in the time system."

Step 4: Prepare proof

Depending on the company and collective agreement, a rental contract, handover date, shipping confirmation, registration form, or other plausible document may be required. Only submit data that is necessary for the occasion and time frame. A complete rental contract with all financial details is not always required.

Step 5: Clarify payment and time recording

Ask explicitly whether the period will be entered as paid leave of absence. It should not silently appear as vacation, time off in lieu, or minus hours. Then check your working time account and payslip. Tips for your own documentation can be found in the jobspot.at guide on time records.

Step 6: Only agree to Plan B consciously

If the legal situation is unclear in an individual case or the leave of absence does not cover all desired days, vacation, time off in lieu, a swapped working day, or temporary telework can be a solution. These variants should be explicitly agreed upon. They are not a substitute for an existing legal or collective agreement claim.

What evidence is appropriate?

The employer may generally demand proof of the personal reason for absence. In practice, it should answer two questions: Is a change of residence actually taking place, and why is the absence necessary during this specific period?

  • Confirmation of the handover or takeover date
  • Order confirmation from a moving company
  • Start of tenancy or proof of the new household establishment
  • Registration form or registration confirmation after moving in
  • for greater distances, a comprehensible schedule

Oesterreich.gv.at explicitly mentions the notification of special leave to the employer in its checklist before moving. After moving in, there is also generally a three-day deadline for registering the new residence; the checklist after moving also mentions the change of address with the employer.

Three practical cases

Case 1: Key handover and move on Friday

An employee is establishing her own household. Her applicable collective agreement provides for two working days for a change of residence. Handover and transport are fixed for Friday. She reports the date three weeks in advance and provides proof. A paid Friday is very well justifiable. Whether Thursday is also entitled depends on whether a concrete necessary absence also exists on that day or whether the collective agreement grants the two days as a flat rate.

Case 2: Move on a free Saturday

A part-time employee works from Monday to Thursday and moves on Saturday. All appointments are outside his working hours. An additional paid Monday does not automatically follow from this. However, if he is mandatorily required to hand over the old apartment on Monday or take care of an official matter that cannot be done otherwise, this specific period must be re-examined.

Case 3: Employer refuses with reference to missing moving rule

There is no explicit change of residence in the collective agreement. This does not necessarily mean that every claim is excluded. The general legal clauses remain relevant. The AK Lower Austria warns on its information page on moving at the same time against leaving the question unresolved: Employees should clarify with the employer in advance whether a leave of absence exists. In case of dispute, the Chamber of Labor, trade union, or works council will help by checking the specific employment relationship.

Typical mistakes that can be avoided

  • "I am always entitled to one day": Without looking at the collective agreement, this statement is too general.
  • Reporting only on the morning of the move: A long-known date must be announced early.
  • Simply staying away: Occasion, time frame, and proof should be clarified.
  • Clicking vacation, although leave of absence is meant: This can unnecessarily use up a vacation day.
  • Automatically exhausting the maximum duration: Often only the necessary absence counts.
  • Not checking time recording: Errors only appear later as minus hours or salary deduction.

FAQ on special leave for moving in Austria

Does the employer always have to give a day off for moving?

No, not according to a uniform one-day rule across Austria. A paid claim can arise from law, collective agreement, works agreement, or employment contract. The decisive factors are the genuine change of residence, the necessary absence during working hours, and the applicable rule.

Is the moving day deducted from annual leave?

A justified paid leave of absence is not recreational leave and therefore must not be booked as a vacation day. If you voluntarily agree to take vacation because the requirements are not met or additional days are desired, this will of course be deducted from your vacation balance.

Does the entitlement also apply when moving in with a partner?

That depends on the specific regulation. Some collective agreements require an existing own household or the establishment of an own household. Whether moving into a joint household falls under this should be checked based on the wording and the actual life situation.

Can I demand two days if my collective agreement mentions two days?

Not necessarily without further examination. Some regulations grant a fixed time off, others only the necessary time up to an upper limit. Read the entire paragraph, not just the number.

What applies to freelance employees?

Freelance employment relationships are not subject to labor law protection in the same way. The USP points out in its overview of freelance employment that freelance employees generally have no legal claim to continued payment of wages by the client for other important reasons. Contractual regulations can nevertheless provide otherwise.

Conclusion: First check the collective agreement, then agree on the moving day properly

Special leave for moving is neither a myth nor a flat-rate additional vacation in Austria. A genuine change of residence can justify a paid personal leave of absence. However, how much time you are entitled to results from the applicable collective agreement, the minimum legal protection, and the concretely necessary absence.

Anyone who reports the date, duration, and proof in writing early creates a reliable basis. Also check time recording and payroll. If the employer remains in refusal, even though the collective agreement or the circumstances speak for a claim, have the individual case checked by the Chamber of Labor, trade union, or works council before staying away.

Sources and further information

Note: This article offers general orientation on Austrian labor law. Collective agreement, employment contract, and specific circumstances can lead to a different assessment.