If this obligation is not fulfilled, the employee loses the right to continued remuneration for the duration of the delay in notification, as stipulated in § 4 para. 4 EFZG.
The Austrian Supreme Court (OGH) clarified that no specific form of communication is required for notifying the employer of incapacity to work or for submitting the medical certificate. Therefore, notification via iMessage is permissible, provided the employer uses iMessage on their mobile device.
It is irrelevant whether the employer actually became aware of the message or responded to it; what matters is that the employer had the opportunity to take note of the sick leave notification.
Furthermore, the OGH stated that it would exceed the employee’s duty of care to demand confirmation of receipt from the employer.
OGH ruling of 26.09.2024, 8 ObA 44/24i
