Annual leave under martial law: legal aspects and regulation

Annual leave under martial law: legal aspects and regulation

Article 12 of the Law of Ukraine No. 2136-IX dated 15 March 2022 "On the Organization of Labor Relations under Martial Law" provides that during the period of martial law, the annual basic leave may be limited to 24 calendar days for the current working year by the employer's decision. This provision was introduced to adapt labor relations to the conditions of wartime, when it is important to ensure the continuity of the business;

production processes and the functioning of critical infrastructure.

Limiting the duration of vacations

If the duration of an employee's annual basic leave is more than 24 calendar days, the days of such leave not used during the period of martial law shall be postponed to the period after the termination or cancellation of martial law. At the employer's decision, unused days of such leave may be granted without pay.

Provision of other types of leave

During the period of martial law, an employee may be granted any type of leave (except for maternity leave, parental leave until the child reaches the age of three and adoption leave) in excess of the annual basic leave without pay by the employer's decision. The unused days of such leave are also carried over to the period after the termination or abolition of martial law. You may be interested in the following articles: lawyer's consultation, legal advice, document analysis, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online lawyer's help, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.

Denial of vacation leave

An employer has the right to refuse to grant an employee unused days of annual vacation during martial law. The provisions of part seven of Article 79, part five of Article 80 of the Labor Code of Ukraine, as well as part five of Article 11 and part two of Article 12 of the Law of Ukraine No. 504/96-ВР "On Vacations" dated November 15, 1996, shall not apply during this period.

In addition, an employer may refuse to grant an employee any type of leave (except for maternity leave and leave to care for a child under the age of three) if such an employee is involved in the performance of work at critical infrastructure facilities, production of defense goods, or the fulfillment of a mobilization task (order).

Vacation schedules and compliance with them

Pursuant to Article 79 of the Labor Code of Ukraine, the priority of vacation time is determined by schedules approved by the employer in consultation with the elected body of the primary trade union organization (trade union representative) and communicated to all employees. The schedules shall take into account the interests of production, personal interests of employees and opportunities for their recreation.

The specific period for granting annual leave within the limits established by the schedule shall be agreed between the employee and the employer, who shall notify the employee in writing of the date of commencement of the leave no later than two weeks before the date established by the schedule.

The division of annual leave into parts of any duration is allowed at the request of the employee, provided that the main continuous part of it is at least 14 calendar days;