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Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
Changes in the granting and use of vacations: the law entered into force
Please note that on December 24, 2023, the Law of Ukraine dated November 22, 2023 No. 3494-ХХ "On Amendments to Certain Legislative Acts of Ukraine Regarding Regulation of Provision and Use of Vacations, as well as Other Matters" (hereinafter Law No. 3494) entered into force. .
The law provides for amendments and additions to the following legislative acts:
• Code of Labor Laws of Ukraine (hereinafter - Labor Code);
• Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations" (hereinafter - Law No. 504);
• Law of Ukraine dated March 15, 2022 No. 2136-IX "On the organization of labor relations under martial law";
• Law of Ukraine dated July 9, 2003 No. 1058-IV "On mandatory state pension insurance";
• Law of Ukraine dated September 15, 1999 No. 1045-XIV "On trade unions, their rights and guarantees of activity";
• Law of Ukraine dated December 10, 2015 No. 889-VIII "On Civil Service";
• Law of Ukraine dated September 5, 2017 No. 2145-VIII "On Education";
• Law of Ukraine dated June 6, 2019 No. 2745 VIII "On Vocational Pre-Higher Education".
Read also: Peculiarities of granting vacations to persons with disabilities
The main changes provided for by Law No. 3494
1. Postponement of weekends and working days, except for cases established by the Collective Labor Agreement, is now determined by the labor and/or collective agreement.In the absence of a corresponding provision in the labor and/or collective agreement, the transfer of weekends and working days is carried out by order (order) of the employer, agreed with the elected body of the primary trade union organization (trade union representative), and in the absence of a primary trade union organization - with freely elected and authorized representatives (representative) of employees.
2. The duration of annual additional vacations, the conditions and procedure for their provision are established by the normative legal acts of Ukraine, as well as by the labor and/or collective agreement.
3. From now on, the duration, order, terms of granting and paying leave for training and participation in sports competitions shall be determined by the labor and/or collective agreement.
4. From now on, maternity leave is granted no later than three months after the birth of the child. At the same time, if such a leave is granted to the child's father, who is not in a registered marriage with the child's mother, provided that they live together, are connected by common life, have mutual rights and obligations, then this must be confirmed by a statement from the child's mother and the child's birth certificate, which contains relevant information about the child's father. Also, this leave can be granted to the grandmother or grandfather or other adult relative of the child who actually cares for the child whose mother (father) is a single mother (single father) also based on the application of the child's single mother (single father).
5. Employees called up for fixed-term military service, military service under the conscription of officers, military service during mobilization, for a special period, military service under the conscription of reservists during a special period, or accepted for military service under a contract, for at their request and on the basis of an application, from now on monetary compensation can be paid for all unused days of annual leave, as well as additional leave to employees who have children or an adult child with a childhood disability of subgroup A of group I. The corresponding application is submitted no later than the last day of the month in which the employee was released from work in connection with military service.
6.Due to family circumstances and other reasons, an employee may be granted leave without pay for a period determined by the agreement between the employee and the employer, but from now on no more than 30 calendar days per year.
During the threat of the spread of an epidemic, pandemic, the need for self-isolation of the employee in cases established by law, and/or in the event of a threat of armed aggression against Ukraine, an emergency situation of man-made, natural or other nature, the employee may be granted leave without salary without limitation of the above term . The duration of such leave is determined by the agreement of the parties.
From now on, the time spent on these vacations is not included in the length of service, which gives the right to annual basic vacation, provided for in clause 4 of the first part of article 9 of Law No. 504.
7. For the duration of trade union training, employees elected to the elected trade union bodies of the enterprise, institution, organization are granted additional leave of up to 6 calendar days from now with compensation of the average salary at the expense of the trade union organization, by whose decision the employee is sent to trade union training.
8. Employees who started work after being discharged from military service in connection with the end of a special period or the announcement of demobilization, from now on have the right to leave without salary for a duration of up to 60 calendar days, which must be provided to them in a mandatory manner. At the same time, the period of such leave is included in the employee's insurance record.
9. In the case of military service under conscription during mobilization, for a special period, or military service under conscription of reservists during a special period by pedagogical and scientific-pedagogical workers, their average earnings
During the period of martial law, the granting of annual basic leave to an employee may be limited to 24 calendar days for the current working year by the decision of the employer. If the duration of an employee's annual basic leave is more than 24 calendar days, the provision of unused days of such leave during the period of martial law shall be transferred to the period after the termination or cancellation of martial law. From now on, according to the employer's decision, unused days of such leave may be granted without salary (except for managerial employees of educational institutions, teaching, scientific-pedagogical and scientific employees).
10. During the period of martial law, granting an employee any type of leave (except leave in connection with pregnancy and childbirth, leave to care for a child until the child reaches the age of three, and leave in connection with the adoption of a child) in addition to the annual basic leave , at the employer's decision, can be carried out without saving wages. The granting of unused days of such leave is carried over to the period after the termination or cancellation of martial law.At the employer's decision, unused days of such leave may be granted without salary (except for managers of educational institutions, teaching, scientific-pedagogical and scientific workers).
11. During the period of martial law, the employer may refuse to grant any type of leave to an employee (except for leave due to pregnancy and childbirth and leave to care for a child until the child reaches the age of three), if such an employee is involved in the performance of work on projects of critical infrastructure, in particular works on the production of goods for defense purposes or for the fulfillment of a mobilization task (order).
