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Publication date: 21.04.2024
active and purposeful military lawyer with more than 4 years of experience
Social leave during the war: who cannot be refused
During the period of martial law, the employer may refuse to grant any type of leave to an employee if such an employee is involved in performing work on critical infrastructure facilities. However, this does not apply to individual social holidays.
Five types of social leave
The Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations" defines five types of social vacations:
• in connection with pregnancy and childbirth;
• to care for a child until he reaches the age of three;
• in connection with the adoption of a child;
• additional leave for employees who have children or an adult child - a person with a disability since childhood of subgroup A of I group;
• at the birth of a child.
Each of them has its own characteristics and procedure of provision.
Webinar "Employment contract vs civil law contract"
Format: recording • Date: September 26, 2022
Yes, paid leave in connection with pregnancy and childbirth is granted to women on the basis of a medical opinion for the duration of:
• before childbirth - 70 calendar days;
• after childbirth - 56 calendar days or 70 calendar days - in case of birth of two or more children and in case of complications of childbirth), starting from the day of childbirth.
At the same time, the duration of leave is calculated in total and amounts to 126 calendar days or 140 calendar days - in the case of the birth of two or more children and in the case of childbirth complications. Such leave is granted in full regardless of the number of days actually used before childbirth.Also, at the woman's request, annual leave can be added to this leave, regardless of the length of her work in the current working year.
Leave to care for a child until he reaches the age of three
Leave to take care of a child up to the age of three is granted after the end of leave due to pregnancy and childbirth at the request of the mother. It should be noted that the child's father can go on such leave instead of the mother.
This leave may be used in whole or in part also by a grandmother, grandfather or other relatives who actually care for the child, or by a person who adopted or took care of the child, one of the adoptive parents or foster parents.
A person who has used this leave can also work part-time or at home if he wishes.
Leave in connection with the adoption of a child
A one-time paid leave in connection with the adoption of a child is granted for a duration of 56 calendar days or 70 calendar days - in the case of the adoption of two or more children, excluding holidays and non-working days, after the court's decision on the adoption of a child enters into force. If the adopters are a couple, then such leave is granted to one of them at their discretion.
It is important that the application for granting this leave must be submitted no later than three months from the date of entry into force of the court decision on the adoption of the child.
Who can get additional leave?
Additional leave can be used by employees who have children or an adult child - a person with a disability since childhood of subgroup A of I group, namely:
• at the choice of one of the parents who have two or more children under the age of 15, a child with a disability or who have adopted a child;
• mother (father) of a person with a disability since childhood of subgroup A of group I;
• a single mother, father of a child or a person with a disability since childhood of subgroup A of group I, who raises them without a mother (including in the case of a long-term stay of the mother in a medical institution);
• a person who took care of a child or a person with a disability since childhood of subgroup A of group I;
• one of the adoptive parents.
Such leave is paid and is granted every year for the duration of 10 calendar days, excluding holidays and non-working days. It should be noted that if there are several reasons for granting this leave, its total duration cannot exceed 17 calendar days.How is a one-time paid leave in case of the birth of a child
A one-time paid maternity leave of up to 14 calendar days (excluding holidays and non-working days) is granted no later than three months after the birth of a child to one of the following employees:
• to a man whose wife gave birth to a child;
• 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;
• to the child's grandmother, grandfather or other adult relative who actually cares for the child whose mother or father is a single mother (single parent).
Article 12 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" gave the employer the right to deny the employee any type of leave, if it is about the performance of work at critical infrastructure facilities. At the same time, this wartime rule provides an exception for two types of social leave, namely: in connection with pregnancy and childbirth and for caring for a child up to the age of three. Thus, during the war, restrictions on the use of social leave are established only for employees of critical infrastructure facilities.
