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Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
When is an employer required to provide an employee with unpaid leave?
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 dated November 15, 1996 No. 504/96-VR "On Leave" (hereinafter - Law No. 504).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 if the child needs home care, for the duration specified in the medical opinion, but no longer than until the child reaches the age of six, and if the child has type I diabetes (insulin-dependent) or if the child, who disability has not been established, suffering from severe perinatal damage to the nervous system, severe congenital malformation, rare orphan disease, oncological, oncohematological disease, cerebral palsy, severe mental disorder, acute or chronic kidney disease of the IV degree, no more than until the child reaches the age of sixteen age, and if the child is classified as a "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, or needs palliative care - until the child reaches the age of eighteen;
The list of serious diseases, disorders, injuries, conditions, etc., which entitles an employee to receive leave without salary for a child who has not been diagnosed with a disability, is approved by the Cabinet of Ministers of Ukraine.• to the mother or another person specified in the third part of Article 18 of Law No. 504, to take care of a 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 merits to the Motherland, whose status is established in accordance with the Law of Ukraine dated October 22, 1993 of the year No. 3551-XII "On the status of war veterans, guarantees of their social protection" — lasting 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 report;
• 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 employees - for the period before the end of vacation at the main place of work;
• for labor veterans — up to 14 calendar days annually;
Vacations for persons with disabilities - read in the magazine "PERSONNEL.UA"
• 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 — up to 24 calendar days in the first year of work at the given 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 a duration of 12 calendar days, excluding the time required for 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 study continuously in post-graduate studies during the fourth year of study are given one day off work per week at their request without maintaining wages.In addition, in accordance with the fourth part of Article 12 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the organization of labor relations under martial law", during the period of martial law, the employer, upon application by an employee who has moved outside the territory of Ukraine or acquired the status of an internally displaced person, obligatorily grants him leave without pay for the duration specified in the application, but no more than 90 calendar days, without counting the time spent on leave against the length of service, which entitles him to the annual basic leave provided for in clause 4 part one of Article 9 of Law No. 504.
