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Publication date: 18.04.2024
active and purposeful military lawyer with more than 4 years of experience
In what cases is the employer obliged to grant leave without pay at the request of the employee during martial law?
Leave without pay is granted at the request of the employee in a mandatory manner in accordance with the requirements of Article 25 of the Law of Ukraine "On Leave" of November 5, 1996 No. 504/96-VR (hereinafter - Law No. 504), Article 12 of the Law of Ukraine of 15 March 2022 No. 2136-IX "On the organization of labor relations under martial law".The employer may not refuse to grant leave without pay for the periods specified by law to the following categories of employees (except for employees involved in the performance of work at critical infrastructure facilities):
• a mother or a father raising children without a mother (including in the case of a long-term stay of the mother in a medical institution), who has two or more children under the age of 15 or a child with a disability, for up to 14 calendar days annually;
• to a husband whose wife is on maternity leave — up to 14 calendar days;
• to the mother or other persons specified in the third part of Article 18 and the first part of Article 19 of Law No. 504, in the event that the child needs home care, for the duration determined in the medical report, but no longer than until the child reaches the age of six, and in the case if the child has type I diabetes (insulin-dependent) or if the child, who has not been diagnosed with a disability, has a severe perinatal damage to the nervous system, a severe congenital malformation, a rare orphan disease, oncological, oncohematological disease, cerebral palsy, severe mental disorder, acute or chronic kidney disease of the IV degree, - no more than before the child reaches the age of sixteen, and if the child is classified as "child with a disability of subgroup A" or a child who has not been diagnosed with a disability, received a serious injury, needs an organ transplant, needs palliative care - until the child reaches the age of eighteen;
• to the mother or other person who actually takes care of the child, to take care of the child under the age of 14 during the period of declaration of quarantine in the relevant territory;
• to war participants, family members of fallen (deceased) war veterans, family members of fallen (deceased) Defenders of Ukraine — up to 14 calendar days annually.Persons who have special services to the Motherland, whose status is established in accordance with the Law of Ukraine dated October 22, 1993 No. 3551-XII "On the status of war veterans, guarantees of their social protection", for up to 21 calendar days annually;
• to persons who have special labor merits for the Motherland — up to 21 calendar days annually;
• for old-age pensioners and persons with disabilities of the III group — up to 30 calendar days per year;
• persons with disabilities of groups I and II — lasting up to 60 calendar days annually;
• persons who are getting married — for a duration of up to 10 calendar days;
• for employees in the event of the death of relatives by blood or marriage: husband (wife), parents (stepfather, stepmother), child (stepson, stepdaughter), brothers, sisters - up to 7 calendar days, excluding the time required to travel to the burial place and back; other family members - for up to 3 calendar days, excluding the time required to travel to the burial place and back;
• employees to care for a sick relative by blood or marriage, who, according to the conclusion of a medical institution, needs constant care from outside, for the duration specified in the medical opinion, but not more than 30 calendar days;
• for employees to complete sanatorium-resort treatment — for the duration specified in the medical opinion;
• for employees admitted to entrance exams to higher educational institutions — for a duration of 15 calendar days, excluding the time required for travel to the location of the educational institution and back;
• for employees admitted to take entrance exams to graduate school with or without a break from production, as well as employees who study full-time at a graduate school and successfully complete an individual training plan, — the duration necessary to travel to the location of the higher education institution or institution science and back;
• for part-time workers - for the period before the end of the vacation at the main place of work;
• for labor veterans — up to 14 calendar days annually;
• employees who did not use their annual basic and additional vacations in full or in part at their previous place of work and received monetary compensation for them — for a duration of up to 24 calendar days in the first year of work at this enterprise before the six-month period of continuous work.• employees whose children under the age of 18 are enrolled in educational institutions located in another area — for the duration of 12 calendar days, excluding the time required to travel to the location of the educational institution and in the opposite direction. If there are two or more children of the specified age, such leave is granted separately for accompanying each child;
• to employees who are members of fire and rescue units to provide voluntary fire protection for at least a year, for a period of up to 5 calendar days each year, and for members of voluntary civil defense formations, for a period of up to 5 calendar days per year of their involvement in the performance of prevention and elimination tasks consequences of emergency situations as part of voluntary civil defense formations;
• employees who started work after being discharged from military service due to the end of a special period or the announcement of demobilization — up to 60 calendar days;
• employees who study continuously in post-graduate studies during the fourth year of study are given one free day per week at their request without saving wages;
• employees who have moved outside the territory of Ukraine or acquired the status of an internally displaced person — for the duration specified in the application, but no more than 90 calendar days, without counting the time spent on vacation to the length of service, which gives the right to annual basic vacation.
