Leave is not simply a “break from work”, but time off guaranteed by law. Based on my many years of experience working with people, I can say that an employee has the right to leave with their position and salary retained. In this article, I will explain what types of leave are available, how to arrange them correctly and how to calculate holiday pay without confusion.
The Law of Ukraine “On Leave” establishes state guarantees of the right to leave for all employees, regardless of the form of ownership of the company. It operates together with the Labour Code of Ukraine and the Law “On the Organisation of Labour Relations Under Martial Law”.
Here are the basic things you need to know:
- there are 4 groups of leave — annual, additional, social and unpaid leave;
- leave is granted according to a schedule approved before the beginning of the year;
- during martial law, an employer may limit annual leave, and may also refuse to grant most types of leave to employees working at critical infrastructure facilities, in defence production or performing mobilisation tasks. At the same time, maternity leave and childcare leave until the child reaches the age of 3 are exceptions;
- monetary compensation is possible in cases provided for by law, including upon dismissal;
- if an employee becomes ill during their leave, the leave is postponed or extended;
- an employer is prohibited from failing to provide full annual leave for more than 2 consecutive years.
During martial law, an employee who has left the country or become an internally displaced person has the right to unpaid leave. The employer must grant it upon the employee’s request for the period specified in the application, but for no more than 90 calendar days.
The types of leave in Ukraine are defined by Article 4 of the Law “On Leave”.
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Annual leave (for all employees after 6 months of continuous employment)
Basic — at least 24 calendar days. Additional leave — if there are hazardous working conditions or due to certain specifics of the work.
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Social leave
Maternity leave — 126 calendar days.
Childcare leave until the child reaches the age of 3.
Leave for adoption of a child.
Additional paid leave for certain categories of employees, including one of the parents who has two or more children under the age of 15, a child with a disability, etc.
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Study leave
For taking exams, preparing a thesis, studying without taking time off work, etc.
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Other
Creative leave — for employees in science, literature and the arts.
For preparing for and participating in sports competitions — for athletes and coaches.
Unpaid leave.
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Special
For combatants.
For Chornobyl survivors.
For military personnel, civil servants, teachers and healthcare workers.
Type | Details |
Annual leave (for all employees after 6 months of continuous employment) | Basic — at least 24 calendar days. Additional leave — if there are hazardous working conditions or due to certain specifics of the work. |
Social leave | Maternity leave — 126 calendar days. Childcare leave until the child reaches the age of 3. Leave for adoption of a child. Additional paid leave for certain categories of employees, including one of the parents who has two or more children under the age of 15, a child with a disability, etc. |
Study leave | For taking exams, preparing a thesis, studying without taking time off work, etc. |
Other | Creative leave — for employees in science, literature and the arts. For preparing for and participating in sports competitions — for athletes and coaches. Unpaid leave. |
Special | For combatants. For Chornobyl survivors. For military personnel, civil servants, teachers and healthcare workers. |
Annual leave (basic and additional) is the employee’s main type of paid time off.
The working year is counted from the date the employment contract is concluded with the employee. Employees can take their full annual leave after 6 months of employment, although there are exceptions. In the second and subsequent years, leave can be taken at any time during the working year.
Certain categories of employees are entitled to extended leave.
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Persons with Group I and II disabilities
30
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Persons with a Group III disability
26
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Minors
31
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Teaching and academic staff
56
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Forestry and nature reserve workers
28
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Civil servants
30
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Additional leave for work in particularly difficult conditions
up to 35 days
Category | Number of calendar days |
Persons with Group I and II disabilities | 30 |
Persons with a Group III disability | 26 |
Minors | 31 |
Teaching and academic staff | 56 |
Forestry and nature reserve workers | 28 |
Civil servants | 30 |
Additional leave for work in particularly difficult conditions | up to 35 days |
The maximum total duration of basic and additional annual leave for one working year is 59 calendar days, and for underground miners — up to 69 days.
Holiday pay is regulated by the Law of Ukraine “On Leave” and the Procedure for Calculating Average Salary. This applies to all paid leave except maternity leave.
How leave is arranged:
- A schedule is prepared and communicated to employees, discussed and adjusted if necessary.
- The employee is notified 2 weeks in advance.
- The employee writes a leave application personally.
- An order is issued specifying the start and end dates of the leave and is communicated to the employee.
To calculate the amount of holiday pay, you need to determine the employee’s average daily salary. It is calculated as follows: total payments for the calculation period are divided by the number of calendar days in that period.
Here is what it looks like in practice:
- I take all payments for the calculation period.
- I divide them by the number of calendar days.
- I multiply the result by the length of the leave.
In peacetime, public holidays and non-working days are excluded from the number of calendar days (11 days per year). This means that the total duration of the leave increases. Currently, during martial law, public holidays and non-working days are treated as ordinary calendar days. Therefore, for a full 12-month period, 365 or 366 days are used.
Payments Included and Excluded from the Holiday Pay Calculation-
Basic salaryAllowances and additional paymentsPerformance-related bonusesHoliday pay and sick payLong-service awardsOther payments included in the payroll fund
Financial assistance
Compensation for unused leave
One-off payments not related to work
Included in total earnings | Not included |
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The rule is simple: the money must be paid before the leave begins.
How leave is paid:
- Holiday pay must be paid before the first day of leave specified in the order.
- The employee has the right to receive it earlier — several days or even weeks in advance.
- Payment after the start of the leave is allowed only if this is provided for by an employment or collective agreement or specified in the employee’s application and the leave order.
In practice, employers usually try to make the payment earlier so that the employee does not have any unnecessary questions. However, if there is an agreement, the payment date can be changed slightly, provided this is documented. No payment is made for childcare leave until the child reaches the age of 3 or for most types of unpaid leave.
An employer may split an employee’s leave only at the employee’s request. One continuous part must be at least 14 calendar days, while the other parts may be of any duration.
Important: this applies only to annual leave. Social leave (maternity leave, childcare leave) cannot be divided in this way.
Leave can be postponed only with the employee’s written consent. The grounds for this are that granting the leave would adversely affect the normal operation of the company.
So now you know everything about leave — when and how you can arrange it and how much money you can receive for it.
Translation into English was created with the help of artificial intelligence.
