Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
What kind of leave can an employee get after being discharged from military service
After returning to work after military service, the employee may have questions about:
• can he go on annual basic leave immediately;
• whether the length of service, which gives the right to annual leave during service, has been credited;
• whether there is a right to additional holidays.
So, let's consider them.
Is the period of military service included in the seniority that gives the right to annual leave
During the period of military service, employees do not acquire the right to annual basic leave from the employer, in which they are released from the duties stipulated in the employment contract. In practice, this means that the period of military service from July 19, 2022 is not included in the length of service for annual basic leave. On this date, changes were made to the legislation and currently the period of military service during the mobilization period is not included in the time that gives the right to annual basic leave.
Importantly! These norms do not apply to employees who have joined the voluntary formations of territorial communities and pedagogical and scientific-pedagogical employees, since they are paid the average salary at the place of work.
Also, please note that if the employee was mobilized before July 19, 2022, these periods (meaning the period until July 19, 2022) will be included in the length of service, which gives the right to annual basic leave.What other types of leave can be received by employees who were released from work during the period of military service
Participants in hostilities, persons with disabilities as a result of the war, whose status is determined by the Law of Ukraine of October 22, 1993 No. 3551-XII "On the Status of War Veterans, Guarantees of Their Social Protection" (hereinafter - Law No. 3551), may receive an additional paid leave of 14 calendar days per year. In order to receive such leave, as well as other types of leave, the employee writes an application, submits relevant supporting documents regarding his status, and the employer issues an order. The right to such additional leave of full duration does not depend on the time worked in a particular calendar year. This type of leave cannot be divided into parts or transferred to another period. No compensation is provided during dismissal.
Also, participants in the war can take a mandatory leave without pay for a duration of up to 14 calendar days annually.
Persons who have special merits to the Motherland, whose status is established in accordance with Law No. 3551, have the right to leave without salary for a duration of up to 21 calendar days annually.
Are there other benefits and guarantees for such employees regarding vacations?
Yes, annual vacations at the request of employees at a time convenient for them are granted to war veterans and persons who have special merits for the Motherland.Also, annual vacations of full duration before the six-month period of continuous work in the first year of work at this enterprise are granted, at will, to persons released after completion of term military service, military service upon conscription during mobilization, for a special period, military service upon conscription of persons from among reservists in a special period, military service by conscription of officers or alternative (non-military) service, if after discharge from service they were hired within three months, not including the time of moving to the place of residence.
