Publication date: 22.04.2024
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For a session during a vacation, we make it right
SITUATION
How to act in a situation where an employee submitted a certificate calling for a session during the annual leave: to extend the annual leave or to suspend it and grant leave in connection with studies?
DECISION
Part four of Article 79 of the Labor Code of Ukraine (hereinafter - Labor Code) and part ten of Article 10 of the Law of Ukraine of November 15, 1996 No. 504/96-BP "On Vacations" (hereinafter - Law No. 504) provide that the sequence of granting vacations is determined schedules, which are approved by the employer in agreement with the elected body of the primary trade union organization (trade union representative) or other body authorized to represent the labor collective, and are brought to the attention of all employees. When drawing up schedules, the interests of production, personal interests of employees and opportunities for their rest are taken into account.
If, during the planning of the annual leave, the employee was not able to foresee the leave in connection with the study and the said leaves coincided in time, to resolve this issue, one should be guided by Clause 4 of the second part of Article 80 of the Labor Code and Clause 4 of the second part of Article 11 of Law No. 504. In particular, the specified regulations provide that the annual leave must be transferred to another period or extended if it coincides with the leave in connection with studies.It should be remembered that leave in connection with studies:
• does not divide into parts;
• is not transferred to another period;
• connection with temporary disability does not continue;
• cannot be taken into account for the next year;
• not replaced by monetary compensation in case of non-use.
•
Thus, it is the annual leave that needs to be carried over, and not the leave in connection with studies. How to do it?
The fourth part of Article 80 of the Labor Code and the fourth part of Article 11 of Law No. 504 establish that in case of postponement of annual leave, a new term for its provision is established by agreement between the employee and the employer. If the reasons that led to the postponement of the vacation to another period occurred during its use, then the unused part of the annual vacation is granted after the expiration of the reasons that interrupted it, or by agreement of the parties, it is transferred to another period in compliance with the requirements of Article 12 of Law No. 504.
So, if the leave due to study fell on the annual leave, then the unused part of the annual leave:
• granted immediately after the end of the study leave
or
• is transferred to another period by agreement of the parties.
As already mentioned, an important nuance that must be taken into account when transferring annual leave is compliance with the requirements of Article 12 of Law No. 504. In particular, this article provides that when annual leave is divided into parts, the main continuous part of it must be at least 14 calendar days.The unused part of the annual leave must be given to the employee, as a rule, before the end of the working year, but no later than 12 months after the end of the working year for which the leave is granted. It should be noted that this, the last, norm does not apply in conditions of martial law (the third paragraph of part 1 of Article 12 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the organization of labor relations in conditions of martial law").
Therefore, if the employee submitted a certificate calling for a session while on annual leave, it is necessary:
• to determine the period of leave in connection with studies and the number of days of already issued annual leave that fall within this period;
• receive an application from the employee to postpone annual leave (taking into account the requirements of Article 12 of Law No. 504);
• receive a statement from the employee about granting leave in connection with studies;
• issue orders on the transfer of annual leave and the granting of leave in connection with studies.
