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Publication date: 22.05.2024
active and purposeful military lawyer with more than 4 years of experience
Is preferential leave granted to part-time workers who suffered as a result of the Chernobyl disaster
According to Clause 22 of Article 20 and Clause 1 of Article 21 of the Law of Ukraine dated February 28, 1991
No. 796-XII "On the status and social protection of citizens who suffered as a result of the Chernobyl disaster" (hereinafter - Law No. 796), persons classified in categories 1 and 2 are guaranteed by the state compensation and benefits regarding the use of regular vacation at a time convenient for them, as well as obtaining additional leave with salary retention for a period of 14 working (16 calendar) days per year.
"Chernobyl" leave does not belong to the type of annual leave
The specified leave does not belong to the type of annual leave defined by Clause 1 of Article 4 of the Law of Ukraine dated November 15, 1996 No. 504/96-BP "On Leave", accordingly, the norms of this Law, provided for annual leave, do not apply to it.
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It should be noted that leave for citizens classified in categories 1 and 2 is defined by Law No. 769 as a benefit and compensation.
In contrast to the type of annual leave, this leave is not related to the work process and is granted regardless of the time of work at the enterprise, institution, or organization.Who pays for additional vacations for citizens affected by the Chernobyl disaster.
Funding of expenses for the reimbursement of vacation expenses provided to persons classified in categories 1 and 2 is carried out in accordance with Article 1 of the Law of Ukraine dated February 10, 2000 No. 1445-III "On the formation, procedure of receipt and use of funds of the Fund for the implementation of measures regarding liquidation of the consequences of the Chernobyl disaster and social protection of the population".
Sub-item 9 of item 4 of the Procedure for the use of state budget funds for the implementation of programs related to the social protection of citizens who suffered as a result of the Chernobyl disaster, approved by Resolution No. 936 of the Cabinet of Ministers of Ukraine dated September 20, 2005, provides that the payment of compensation and assistance of certain types, in particular, the payment of additional leave to citizens, which is provided in accordance with paragraph 22 of article 20 and paragraph 1 of article 21 of Law No. 796, for a duration of 16 calendar days, is made:
• centers for calculation and payment of social benefits;
• Departments of labor and social protection of the population of district (city) state administrations;
• executive committees of city, district councils in cities according to the place of registration of citizens to working and non-working citizens.
That is, this vacation can be paid to the employee at the expense of the state budget only once during the corresponding calendar year.
Taking into account the above, there is no reason to grant the additional leave provided for in Clause 22 of Article 20 and Clause 1 of Article 21 of Law No. 796 for part-time work.
