Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
First of all, we note that the current legislation allows the division of annual (main and additional) vacations into parts. But at the same time it puts forward certain conditions.
Thus, the first part of Article 12 of the Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations" (hereinafter - Law No. 504) and the sixth part of Article 79 of the Labor Code of Ukraine (hereinafter - the Labor Code) establish the following:
The annual leave can be divided into parts of any length at the request of the employee, provided that the main continuous part of it will be at least 14 calendar days.
However, the employer may not agree to share the leave as requested by the employee. He may well propose his terms of division or not to divide it at all (letter of the Ministry of Economic Development dated March 31, 2020 No. 3512-06/21620-07). At the same time, the employer does not have the right to oblige the employee to use the leave in parts.
How can you share leave?
Therefore, the vacation can be divided into parts of any duration (for example, for 1, 2, 3, 4, 5 days, etc.), but under the mandatory condition: the main continuous part of the annual vacation for the current working year must not be less than 14 k. days
At the same time, it is not at all necessary to first use the main indivisible part of the vacation. This part of the vacation can be used as the first, second, or alternate part (letter of the Ministry of Social Policy dated July 5, 2013 No. 290/13/116-13).
It is also not necessary that one of the parts of the annual leave should be exactly 14 days. Such an indivisible part can be more than 14 k. days, but not less.For example, if the total duration of annual leave is 24 days. it can be divided as follows:
5 days + 5 days + 14 days;
10 days + 14 days;
16 days + 8 days;
20 days + 4 days;
3 days + 2 days + 5 k.d. + 14 days etc.
Keep in mind: divide into parts, provided that the main continuous part is at least 14 k. days. both basic and annual additional leave are possible. For example, continuous 14 k. days. can consist of a part of the annual basic and annual additional leave, i.e. it is possible as follows: 7 k. days. annual basic leave + 7 k. days additional leave for an irregular working day. This was emphasized by the Ministry of Economy in the letter dated July 9, 2020 No. 3512-06/42771-09. But it is not possible to make up the days of annual leave and, in particular, the days of leave "for children" in this way, because "children's" leave does not belong to annual leave.
Is it possible to share leave during martial law?
Labor relations during the period of martial law are regulated by the Law of Ukraine of March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in the Conditions of Martial Law" (hereinafter - Law No. 2136).
Thus, during this period, the granting of annual basic leave to an employee may be limited to 24 days by the employer's decision. for the current working year (paragraph 1, part 1, article 12 of Law No. 2136). At the same time, vacation days not used during the war are not lost, but are granted after the termination or cancellation of martial law.
Also, during wartime, the employer may deny the employee unused days of annual leave for previous years (paragraph 3, part 1, article 12 of Law No. 2136).In addition, during martial law, the provisions of the seventh part of Article 79 of the Labor Code and the second part of Article 12 of Law No. 504 do not apply, which determine that the unused part of the annual leave must be given to the employee, as a rule, until the end of the working year, but no later than 12 months after the end of the working year for which leave is granted.
Express course "Recording documents of the personnel service and the procedure for their management"
There are also restrictions established by the second part of Article 12 of Law No. 2136 for employees involved in performing work on critical infrastructure facilities. In particular, during the period of martial law, the employer may deny such employees any type of leave (except for pregnancy and childbirth leave and leave to take care of a child up to the age of three).
Almost all "military leave" restrictions end there.
Therefore, Law No. 2136 does not establish any prohibitions or restrictions on the division of annual leave into parts.
