On July 5, 2024, an amendment to the law came into force with the Special Weekly Allowance Act (BGBl. I 2024/64, issued on July 4, 2024), which created a new entitlement under social law, the special weekly allowance. At the same time, corresponding accompanying labour and social law regulations came into force.
The special weekly allowance can be applied for by women who become pregnant again while on parental leave and are not entitled to childcare allowance. If their new maternity leave begins during parental leave and the requirements for the regular maternity allowance are not met, this new entitlement now exists due to the elimination of the so-called “maternity allowance trap”. Those affected can also apply to the competent social insurance institution for special weekly allowance for the past, especially as the special weekly allowance was introduced retroactively as of September 1, 2022.
The relevant requirements under EU law were thus implemented: Until then, the Maternity Protection Directive had been insufficiently implemented in Austria. Art. 11 no. 2 lit b of the Maternity Protection Directive 92/85/EEC stipulates that during maternity leave of at least 14 weeks, the continued payment of wages and/or an entitlement to an appropriate social benefit must be guaranteed.
Read more in the article by Eva Krichmayr in PV-Info 8-9/2024, 13.