In Ukraine, labor relations between an employer and an employee are regulated by law. Thus, according to the law No. 2136-IX " The NV publication told on what grounds leave is granted at one's own expense during the war and for how long it is granted.

What are the grounds for vacation?.

According to h. 3 st. 12 of the Law "

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Leave without pay on the specified basis is granted:.

without limiting its duration, but during the period of martial law;

to any employee, regardless of his category or status, upon his application and agreement by the employer;

is not mandatory for the employer to decide on its provision.

The time spent on leave without pay on this basis is counted in the length of service, which gives the right to annual basic leave in accordance with paragraph. 4 h. 1 st. 9 of the law "

How long can you get leave during martial law?.

On July 19, 2022, a new type of unpaid leave was introduced in Ukraine, which is not related to unpaid leave, which is provided to an employee in accordance with Articles 25, 26 of the Law "

These changes provide that during the period of martial law, the employer, at the request of an employee who has left the territory of Ukraine or received the status of an internally displaced person (IDP), must provide him with leave without pay for the duration specified in the application, but not more than 90.

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According to the new norm, unpaid leave is granted:.

duration - no more than 90 calendar days during the period of martial law;

exclusively to employees who left the territory of Ukraine or received IDP status, which is confirmed by a certificate;

mandatory at the request of the employee.

The employer cannot refuse to grant this leave to the employee.. Based on the conditions for its provision, the employee must confirm the fact that he left the territory of Ukraine or received IDP status. The method of confirming the fact of leaving Ukraine is not defined by law, therefore, the decision to grant leave in this case will be made by the employer based on the evidence provided by the employee that sufficiently confirms this fact.

In the event of the return of an employee who is on the specified leave to the territory of Ukraine, based on the conditions for its provision, the person loses the right to demand the continuation of such leave. In addition, during the period of martial law, certain categories of workers retain the right to leave without pay, which is provided on a mandatory basis at will in accordance with Art.. 25 of the law "

Leave for family reasons.

Also, during the period of martial law, the right of employees to leave without pay is preserved in accordance with part. 1 st. 26 of the Law "

To go on family leave, the employee must write an appropriate application and obtain the consent of the employer. But the employer can refuse to provide the employee with it..

Vacation during quarantine.

It should be noted that employees are also entitled to unpaid leave for the period of quarantine established by the Cabinet of Ministers in accordance with Law No. 1645.

The period of such leave is not included in the total period of leave without pay, which is granted for family reasons and for other reasons..

Earlier we wrote what to do if the military is not given leave for family reasons.