Persistent heatwave in Austria – the heat stress pushes us to our physical limits. Is 'heat leave' now an option?
Although the term 'heat leave' is frequently used, there is no general entitlement to 'heat leave'. However, employees are not left unprotected from the heat; as the legislator requires employers, heat protection measures to take. The Heat Protection Ordinance came into force on January 1, 2026. This is a completely new ordinance, and we will provide a brief overview of its scope and regulations below.
First, in brief: The Heat Protection Ordinance (Heat-V) sets out specific requirements for heat and UV protection for employees when working outdoors .
The Heat Protection Ordinance (Heat-V) generally applies to Employees working outdoors: Specifically, it applies to “work performed outdoors at workplaces, outdoors on construction sites, and outdoors at external work locations”, with the exception of short-duration outdoor work (i.e., short walks to and from the car; light work lasting a maximum of 60 minutes per day).
Especially for the following sectors , the Heat Ordinance is therefore relevant:
The Heat Ordinance came into force on January 1, 2026.
The core obligation of the employer under the Heat Ordinance is to implement protective measures for employees working outdoors, as soon as GeoSphere Austria issues a heat warning of Level 2 (i.e., at a perceived temperature: 30 °C to 34 °C) issues (see point 4 below).
To effectively implement these protective measures, the employer is required to conduct a prior hazard assessment (in accordance with § 3 Heat-V) obligated to: They must identify and assess what hazards their employees might be exposed to when working outdoors due to heat and UV radiation. Factors to consider include the extent of exposure according to the UV index, duration of exposure, work intensity, direct or reflected solar radiation, heated surfaces, ozone, clothing, particularly vulnerable individuals, acclimatization, and heatwaves.
Based on this hazard assessment, the employer must define appropriate protective measures, "so-called hazard prevention measures," (in accordance with § 3 Heat-V). These include, in particular:
Employees must be involved in defining these measures. The defined heat and UV protection measures (i.e., the company heat protection plan, see point 3 below) must be available in workplaces, on construction sites, and at external work locations for all employees electronically or in paper form accessible.
The legislator imposes on employers – in addition to individual protective measures – in § 5 Heat-V three special protective measures to implement:
The legislator has established for crane cabs and construction machinery additional rules: As of January 1, 2026, newly acquired crane cabs and vehicle cabs of self-propelled work equipment on construction sites (e.g., excavators, rollers, loaders, trucks, cars, etc.) must be equipped with air conditioning (§ 6 Heat-V).
For crane cabs already acquired before January 1, 2026, the legislator even mandates a retrofitting obligation : By June 1, 2027, employers are obliged to retrofit the crane cabs pursuant to § 6 Heat-V, meaning they must ensure sufficient cooling through permanently installed or mobile cooling units within the crane cab.
For self-propelled work equipment already acquired before January 1, 2026 on construction sites, the legislator has stipulated no A retrofitting obligation is stipulated. For self-propelled work equipment acquired before January 1, 2026, however, suitable protective measures must be defined in accordance with § 4 of the Heat Protection Ordinance.
Protective measures are only effective if employees are actually aware of them: Therefore, § 7 of the Heat Protection Ordinance also specifies the existing information and instruction obligation of employers, as per the Occupational Safety and Health Act (AschG). They must inform and instruct affected employees about the dangers of heat and natural UV radiation, the recognition of heat-related health impairments, access to current heat warnings and the UV index, as well as about the planned protective measures and the possibility of regular medical examinations.
The so-called company heat protection plan refers to the heat and UV protection measures defined within the company (according to § 4 of the Heat Protection Ordinance, see 2.2 above).
Such a heat protection plan is effective if it is not merely formulated in general terms, but provides employees with a concrete roadmap (for example, by specifying which measures are to be taken at which heat warning level; who is responsible for implementing the measures; who monitors heat warnings and the UV index; etc.).
Not to be confused with the company heat protection plan is the national heat protection plan of the Ministry of Health. It describes various measures that are undertaken at the federal level in cooperation with the federal states and GeoSphere Austria in cases of heat, especially during prolonged heatwaves.
The protective measures according to the Heat Protection Ordinance are linked to the heat warnings from GeoSphere Austria (https://warnungen.zamg.at). If this issues a heat warning of at least „Level 2 (Caution, yellow)“, employers must implement their heat and UV protection measures.
"Level 2 (Caution, yellow)" corresponds to an perceived temperature of approximately 30 °C to 34°C. This means – caution! – even if the measured temperature is lower than the stated threshold, there can still be significant heat stress!
Good to know: Once this "Level 2 (Caution, yellow)" heat warning is issued by GeoSphere Austria, the Labor Inspectorate can also check the implementation of heat protection measures according to the Heat Protection Ordinance.
Employees do not have a general legal right to "heat-related leave" (Hitzefrei). However, they are entitled to protective measures from their employer: they can demand that the employer carries out the necessary hazard evaluation in accordance with § 4 AschG in conjunction with 3 Heat Protection Ordinance and implements appropriate protective measures (§ 4 AschG in conjunction with 4 Heat Protection Ordinance) and inspect the operational heat protection plan (§ 4 Heat Protection Ordinance). Furthermore, employees have a right to information about heat and UV hazards, protective measures, and examination options (§§ 12, 14 AschG in conjunction with § 7 Heat Protection Ordinance).
When working outdoors in the heat, employees are entitled to drinking water or suitable non-alcoholic beverages, as well as necessary protective clothing.
Yes, violations of the Heat Protection Ordinance constitute administrative offenses and are punishable under § 130 para. 1 AschG (§ 8 Heat Protection Ordinance). Employers who do not comply with the Heat Protection Ordinance risk administrative penalties.
For construction workers, carpenters, plasterers, roofers, and scaffolders, heat can be considered bad weather (in the sense of the Construction Worker Bad Weather Compensation Act): At temperatures above 32.5 °C, outdoor work in the construction industry can be stopped if no cooler alternative workplace is available. The decision is made by the employer, not the individual employee.
If this bad weather rule is applied and work is stopped, employees are entitled to 60% of their actual wages.
The values from the nearest measuring station of the Central Institute for Meteorology and Geodynamics (ZAMG) are decisive for assessing the heat; employers can query these via the website of the Construction Workers' Holiday and Severance Pay Fund; employees can access them via the Hitze.App to view current, local measurement data.
For offices and other indoor workplaces, the Heat Protection Ordinance (Hitze-V) does not generally apply, as it explicitly refers to outdoor work. For work in offices (in enclosed spaces), however – in addition to the general provisions of the Employee Protection Act – the Workplace Ordinance (AStV), in particular § 28 AStV – Indoor Climate in Workrooms, is decisive. The Heat Protection Ordinance explicitly applies to outdoor work.
§ 28 AStV specifies measures for a comfortable indoor climate. If it gets too hot in the office, the employer must take suitable and reasonable measures (shading, night ventilation; fans; provision of non-alcoholic beverages). However, the employer is generally not obliged to install air conditioning in offices.
CONCLUSION:
In Austria, there is no general entitlement to "heat leave" (Hitzefrei). The Heat Protection Ordinance strengthens the protection of employees who work outdoors, by obliging employers to take specific protective measures as soon as relevant heat exposures (Level 2 - 30 °C to 34 °C) occur. These include hazard evaluation, a heat protection plan, information and instruction, non-alcoholic beverages, and personal protective equipment.
