Ukraine Employment Law

Duration of Annual Leave – Employees who have been in continuous employment for more than 6 months are entitled to annual basic leave for a duration of 24 calendar days.

Annual leave for the second and subsequent years of work may be granted to an employee at any time of the relevant work year. The duration of vacations, regardless of modes and work schedules, is calculated in calendar days.

The employer or the body authorized by him is obliged to keep records of holidays granted to employees.

Granting of Annual Leave – In case of granting the employee annual leave before the end of the six-month period of continuous work, the duration of leave is calculated in proportion to the time worked in the organization.

Taking of Annual Leave – Annual leave may be divided into two parts at the request of the employees in such a way that the main continuous part of the leave shall last for a duration of 14 calendar days. The unused part of the duration may be provided to employees before the end of the working year, or at the maximum 12 months after the expiration of the working year for which leave has been granted.

Additional Annual Leave – Additional annual leave at the employee’s request may be granted simultaneously with the annual basic leave or separately from it.

• • • The total duration of annual basic and additional leave may not exceed 59 calendar days, and for employees engaged in underground mining – 69 calendar days.
    • Employees under the age of eighteen are granted an annual basic leave of 31 calendar days.
    • Employees engaged in industrial and production of coal,electric power industries etc are entilted to annual leave of 24 calendar days with an increase of 2 days for every 2 calendar years worked, but shall not exceed 28 days.
    • Employees engaged in underground mining, quarries with a depth of 150 meters and below are granted an annual basic leave of 28 calendar days, regardless of length of service, and in sections, quarries and mines with a depth of up to 150 meters – 24 calendar days with an increase of 4 calendar days with work experience at the enterprise 2 years or more.
    • Employees of the forest industry, state reserves,etc are granted an annual basic leave of 28 calendar days.
    • Managers of educational institutions and establishments, pedagogical, scientific-pedagogical employees and researchers are granted annual basic leave lasting up to 56 calendar days.
    • Annual additional leaves are provided to employees for a duration of 35 calendar days who are engaged in harmful conditions of work as well as for employees with special nature of work, as may be provided by the law.

Annual vacations of full duration until the six-month term of continuous work in the first year of work at this enterprise is granted at the request of the employee:

• • • • for women – before or after leave in connection with pregnancy and childbirth, as well as for women who have two or more children under the age of 15 or a child with a disability;
      • persons with disabilities;
      • persons under eighteen years of age;
      • husbands whose wives are on leave due to pregnancy and childbirth;
      • persons released after completion of fixed-term military service, military service under conscription during mobilization, if after leaving the service, they were hired within three months, not counting the time of moving to the place of residence;
      • for part-time workers – simultaneously with vacation at the main place of work;
      • employees who are successfully studying in educational institutions and wish to add vacation to the time of taking exams, assessments, writing diploma, coursework, laboratory and other works provided for by the educational program;
      • employees who have a ticket (pass) for sanatorium-resort (outpatient-resort) treatment;
      • parents – educators of family-type children’s homes;
      • in other cases provided for by legislation, collective agreement or labor agreement.

Employees whose children under the age of 18 enroll in educational institutions located in another area, at their request, are granted annual leave or part of it (at least 12 calendar days) to accompany the child to the location of the educational institution and back. If there are two or more children of the specified age, such leave is granted separately for accompanying each child.

Transfer of Annual Leave – Annual leave must be transferred to another period or extended in the event of:

• • • • • temporary incapacity of the employee, certified in accordance with the established procedure;
        • the employee’s performance of state or public duties, if according to the law he is subject to being released from the main job for the time being with retention of salary;
        • the arrival of leave due to pregnancy and childbirth;
        • coincidence of annual leave with leave in connection with studies;

Annual leave at the initiative of the owner or a body authorized by him, as an exception, can be transferred to another period only with the written consent of the employee and with the agreement of the elected body of the primary trade union organization in the event that the provision annual vacation in a previously stipulated period may adversely affect the normal course of the enterprise’s work, and on the condition that part of the vacation with a duration of at least 24 calendar days will be used in the current working year.

In case of postponement of the annual leave, the new term of its provision is established by agreement between the employee and the employer or the body authorized by him. 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.

Termination of Employment – In case of dismissal of an employee, he is paid monetary compensation for all unused days of annual leave, as well as additional leave for employees who have children or an adult child with disabilities since childhood.

Monetary compensation for unused annual leave – In case of dismissal of an employee, he is paid monetary compensation for all unused days of annual leave, as well as additional leave for employees who have children or an adult child – a person with a childhood disability of subgroup A of group I.

In the case of dismissal of managerial, pedagogical, scientific, scientific-pedagogical employees, specialists of educational institutions who have worked for at least 10 months before dismissal, monetary compensation is paid for unused annual vacation days based on the calculation of their full duration.

At the request of the employee, part of the annual leave is replaced by monetary compensation. At the same time, the duration of the annual and additional vacations granted to the employee should not be less than 24 calendar days. Article 74-76 of the Labour Act & Art 6-12 of Laws on Vacation

Women employees are entitled to paid maternity leave of the below duration:

• • • Before childbirth – 70 calendar days;
    • After delivery – 56 calendar days (70 calendar days – in the case of two or more children and in case of complications of delivery) from the date of birth.

The total duration of maternity leave was 126 days (140 days in case of giving birth to twins or complications during childbirth).

At the woman’s request and in the absence of medical contraindications, part of the 70-calendar-day leave provided before childbirth can be transferred and used by the woman in part or in full after childbirth, starting from the day of childbirth. At the same time, the total duration of leave cannot exceed a total of 126 calendar days (140 calendar days – in the case of the birth of two or more children and in the case of childbirth complications).

Women who suffered as a result of the Chernobyl disaster shall be entitled to maternity leave for a period of 90 calendar days before childbirth and 90 calendar days after childbirth, which is calculated in total and is given to women completely regardless of the number of days actually used before childbirth, with payment in in the amount of full earnings, regardless of insurance length of service and place of work. At the woman’s request and in the absence of medical contraindications, part of the 90-calendar-day leave provided for before childbirth can be transferred and used by a woman in part or in full after childbirth, starting from the day of childbirth.

Pregnancy and childbirth allowance to the insured person is paid for the entire period of leave in connection with pregnancy and childbirth. Art 17 of Law on Vacation, Article 18 of the Law of Ukraine “On Mandatory State Social Insurance, Article 30 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster.

After the end of leave in connection with pregnancy and childbirth, at the request of the child’s mother or father, one of them is granted leave to take care of the child until it reaches the age of 3.

An enterprise, institution, or organization can provide one of the child’s parents with partially paid leave and unpaid leave to take care of the child for a longer period of time.

This leave can be used in full or in parts also by a grandmother, grandfather or other relatives who actually care for the child, or by a person who adopted or took care of the child, one of the adoptive parents or foster parents.

At the request of the child’s mother, father or the other relatives, during their stay on leave to care for the child, they can work part-time or at home.

Leave to take care of a child until it reaches the age of three is granted upon application by the child’s mother, father or the other persons, in whole or in part within the established period and is issued by an order (order) of the employer.

Leave to care for a child before the child reaches the age of three is not granted to an employee if the child is in state care (except for adopted children in foster families and foster children in family-type orphanages).

Leave in connection with the adoption of a child over the age of three is granted upon application of the person who adopted the child, based on the decision on the adoption of the child and is issued by an order (order) of the employer. Art 18 of Law on Vacation.

Duration of Leave: Employees shall be entitled to a one-time paid leave at the birth of a child lasting up to 14 calendar days (excluding holidays and non-working days).

Eligibility Criteria – Paternity Leave is eligible to the following people: 

• • • a husband whose wife has given birth to a child;
    • the child’s father, who is not in a registered marriage with the child’s mother, provided that they live together, are related by common life, have mutual rights and obligations;
    • grandparents or other adult relatives of the child who actually care for the child, whose mother or father is a single mother (single father).

Leave at the birth of a child is granted only to one of the persons specified above. 

Usage of the Leave: The leave must be and must be used by the employee no later than the 104th day after the baby’s birth.

Pay Benefit:  An employee is entitled to receive benefits at the same rate as their regular salary.

Notice Requirement: An employee shall inform their employer with a  written application within the three months after the child’s birth and the leave must be used by the employee no later than the 104th day after the baby’s birth. An employee must submit the following documents:

• • • If a man whose wife has given birth to a child takes leave, thye must present the document required for state registration of the child’s birth, or the child’s birth certificate and marriage certificate, when applying for leave.
    • If the child’s father, who is not in a registered marriage goes on leave when applying for leave, they must in addition to the document required for the state registration of the child’s birth or the child’s birth certificate, submit a certificate of residence registration.
    • A grandmother, grandfather or other adult relative of a child whose father is single, when applying for leave, must present a document required for state registration of the child’s birth, or a child’s birth certificate, as well as a statement from a single parent certifying non-use of such a leave, and the person who will actually take care of the child is indicated.
    • To confirm the status of a “single parent”, such persons also attach a death certificate of the child’s mother or a court decision to deprive their of parental rights, to declare their missing or to declare their dead.

 Art 25 of Law on Vacation

Employees are entitled to up to four months of sick leave. The first five days are paid in full by the employer. Any sick leave beyond five days is paid for by the Social Insurance Fund at a rate determined by the employee’s length of service. The exact compensation varies depending on the duration of the employee’s contributions to social insurance. Sick leave is calculated in calendar days, excluding holidays and weekends. 

Certain employees (e.g. war veterans and persons affected by the Chernobyl nuclear accident) are entitled to receive 100% of their average salary as compensation for sick leave regardless of their length of employment insurance record. 

Allowance for temporary incapacity for work is paid to insured persons depending on the length of insurance in the amount of:

• • • • • 50 percent of the average salary (income) – to insured persons with up to three years of insurance experience;
        • 60 percent of the average salary (income) – to insured persons with three to five years of insurance experience;
        • 70 percent of the average salary (income) – to insured persons who have five to eight years of insurance experience;
        • 100 percent of the average salary (income) – to insured persons with more than eight years of insurance experience;

To be eligible, an employee must have worked for 6 or more months at the company and made contributions to the fund of social insurance.

Employees must present a medical certificate. The basis for awarding benefits for temporary incapacity for work, is a certificate of incapacity for work formed on the basis of a medical opinion on temporary incapacity for work. If an employee needs a sick certificate for temporary incapacity for work, he must contact a hospital or institution that is authorized by law to issue such a document.

E-sick leave Certificate- The sick leave certificates are issued and submitted electronically through the designated electronic sick leave system, such as the electronic sick leave portal of the State Social Insurance Fund of Ukraine (SSIFU). The doctor will enter the relevant information from the sick leave certificate into the system and submit it electronically to the appropriate authorities, such as the SSIFU or the patient’s employer.

Once the electronic sick leave certificate is submitted, the employer will be notified of the employee’s sick leave status and the duration of the approved sick leave period. The employer is then responsible for processing the sick leave and providing the employee with the appropriate sick leave benefits, which may include paid or unpaid leave depending on the employer’s policies and the nature of the illness.

A person who has adopted a child from among orphans or children deprived of parental care is granted a one-time paid leave in connection with the adoption of a child for a duration of 56 calendar days (70 calendar days – when adopting two or more children), excluding holidays and non-working days after the court’s decision to adopt a child becomes legally binding. If the adopters are spouses, one of them shall be entitled to the leave at their own discretion. 

A person who has adopted a child has the right to leave in connection with the adoption of a child, provided that the application for the leave is received no later than three months from the date of entry into force of the court decision on the adoption of the child. Art 18(1) of Law on Vacation.

One of the parents who have two or more children under the age of 15, or a child with a disability, or who adopted a child, the mother (father) of a person with a disability since childhood of subgroup A of the I group, a single mother, the father of a child or a person with a disability since childhood of subgroup A of I group, who brings them up without a mother (including in the case of a long-term stay of the mother in a medical institution), as well as a person who took care of a child or a person with a disability from childhood of subgroup A of I group, or one of the adoptive parents is granted annual additional paid vacation lasting 10 calendar days, excluding holidays and non-working days. 

If there are several reasons for granting this leave, its total duration cannot exceed 17 calendar days. Art 19 of Law on Vacation.

Creative leave is granted to employees to finish dissertations, write textbooks and in other cases provided for by law.

The duration, order, conditions of granting and payment of creative leave are established by the Cabinet of Ministers of Ukraine. Art 16 of Law on Vacation.

Leave for preparation and participation in competitions is granted to employees participating in all-Ukrainian and international sports competitions.

The duration, order, conditions of granting and payment of leave for preparation and participation in sports competitions are determined by the labor and/or collective agreement. Art 16(1) of Law on Vacation.

Due to family circumstances and other reasons, an employee may be granted leave without pay for a period determined by an agreement between the employee and the employer or a body authorized by him, but no more than 30 calendar days per year.

During the threat of the spread of an epidemic, a pandemic, the necessity of self-isolation of the employee in cases established by law, and/or in the event of a threat of armed aggression against Ukraine, an emergency situation of a man-made, natural or other nature, the employer may, at the request of the employee, grant him leave without salary without limitation of the period of 30 calendar days per year. The duration of such leave is determined by the agreement of the parties. Article 84 of the Labour Act

Leave in Connection with Studies in Secondary Schools:

Employees who receive secondary education in secondary schools are entitled to additional paid leave in the below manner:

• • • • Final examinations in the primary school – for a period of 10 calendar days;
      • Final examinations in the high school – for a period of 23 calendar days;
      • Transfer examinations in primary and secondary schools – from 4 to 6 calendar days, excluding weekends.

Employees who take external exams for primary or secondary school are granted an additional paid leave of 21 and 28 calendar days, respectively.

Leave in Connection with Studies in Vocational Schools:

Employees who study at evening departments of vocational schools are granted additional paid leave for the preparation and passing of exams with a total duration of 35 calendar days during the school year.

Leave in Connection with Studies in Higher & Post Graduate Educational Establishments and Postgraduate Studies:

Employees who are studying full time in higher education institutions with evening and part-time education are provided with additional paid leave:

For those employees who study in the first and second and second years in higher educational institutions:

• • • • The first and second levels of accreditation with the evening form of training – 10 calendar days,
      • The third and fourth levels of accreditation with the evening form of training – 20 calendar days,
      • Regardless of the level of accreditation with the correspondence form of study – 30 calendar days;

For those employees who study in the third and subsequent courses in higher educational establishments:

• • • The first and second levels of accreditation with the evening form of training – 20 calendar days,
    • Third and fourth levels of accreditation with the evening form of training – 30 calendar days,
    • Regardless of the level of accreditation with the correspondence form of study – 40 calendar days;

For the period of passing state examinations in higher educational institutions, regardless of the level of accreditation – 30 calendar days.

For the period of preparation of the diploma project (work) to students studying in higher education institutions with evening and correspondence forms of education of the first and second levels of accreditation – 2 months, and in higher educational institutions of the third and fourth levels of accreditation – 4 months.

Employees who study full-time in graduate school and successfully complete an individual training plan are provided with additional paid leave of 30 calendar days and, if requested, for 4 years of study – 1 day off per week with payment of 50 percent of the average salary.

The duration of additional paid vacations for employees who obtain a second (subsequent) higher education by correspondence (evening) form of education at educational institutions of postgraduate education and higher educational institutions that have postgraduate education units under their authority is determined as for persons studying at the third and subsequent courses of a higher educational institution of the corresponding accreditation level.

Employees allowed to take entrance exams to graduate school with or without a break from production are granted an additional paid leave of 10 calendar days for each exam once a year to prepare and take the exams.

Employees who study continuously in post-graduate studies and successfully complete an individual training plan are granted an additional paid vacation of 30 calendar days and, at their request, during the four years of study – one free day per week with payment of 50 percent of the average salary employee wages.

For employees who study in higher educational institutions with evening and extramural forms of education, where the educational process has its own characteristics, the legislation may establish a different duration of vacations in connection with education. Law of Ukraine on Holidays, Article 13, 14, and 15.

Leave Without Pay

Leave without pay is granted at the request of the employee in a mandatory manner:

• • • a mother or a father raising children without a mother (including in the case of a long-term stay of the mother in a medical institution), who has two or more children under the age of 15 or a child with a disability, for up to 14 calendar days annually;
    • to the mother or other persons in case the child needs home care, for the duration determined in the medical report, but no longer than until the child reaches the age of six, and in the case if the child has type I diabetes (insulin-dependent) or if the child, who has not been diagnosed with a disability, has a severe perinatal damage to the nervous system, a severe congenital malformation, a rare orphan disease, oncological, oncohematological disease, cerebral palsy, severe mental disorder, acute or chronic kidney disease of the IV degree, – no more than before the child reaches the age of sixteen, and if the child is classified as “child with a disability of subgroup A” or a child who has not been diagnosed with a disability, received a serious injury, needs an organ transplant, needs palliative care – until the child reaches the age of eighteen.
    • to the mother or other person, to care for a child under the age of 14 during the period of declaration of quarantine in the relevant territory;
    • war participants, family members of fallen (deceased) war veterans, family members of fallen (deceased) Defenders of Ukraine – up to 14 calendar days annually.
    • Persons who have special merits to the Motherland, whose status is established in accordance with the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, – for up to 21 calendar days annually;
    • persons who have special labor merits for the Motherland – up to 21 calendar days annually;
    • for old-age pensioners and persons with disabilities of the III group – up to 30 calendar days per year;
    • persons with disabilities of groups I and II – up to 60 calendar days per year;
    • for persons getting married – up to 10 calendar days;
    • employees in the event of the death of relatives by blood or marriage: husband (wife), parents (stepfather, stepmother), child (stepson, stepdaughter), brothers, sisters – up to 7 calendar days without taking into account the time required to travel to the place burial and back; other relatives – up to 3 calendar days without taking into account the time required to travel to the place of burial and back;
    • employees to care for a sick relative by blood or marriage, who, according to the opinion of a medical institution, needs constant care from outside, – for the duration specified in the medical opinion, but not more than 30 calendar days;
    • for employees to complete sanatorium-resort treatment – for the duration specified in the medical report;
    • for employees admitted to entrance exams to higher educational institutions – for a duration of 15 calendar days, excluding the time required for travel to the location of the educational institution and back;
    • for employees admitted to take entrance exams to graduate school with or without a break from work, as well as for employees who study without a break from production in a graduate school and successfully complete an individual training plan, – the duration necessary to travel to the location of the higher education institution or institution of science and back;
    • for part-time employees – for the period before the end of the vacation at the main place of work;
    • labor veterans – up to 14 calendar days annually;
    • employees who did not use the annual basic and additional vacations in full or in part at their previous place of work and received monetary compensation for them – for a duration of up to 24 calendar days in the first year of work at this enterprise before the six-month period of continuous work;
    • employees whose children under the age of 18 enter educational institutions located in another area – for the duration of 12 calendar days without taking into account the time required for travel to the location of the educational institution and in the opposite direction. If there are two or more children of the specified age, such leave is granted separately for accompanying each child;
    • to employees who are members of fire and rescue units to provide voluntary fire protection for at least a year – up to 5 calendar days each year, and to members of voluntary civil defense formations – up to 5 calendar days per year of their involvement in the performance of tasks of prevention and liquidation of the consequences of emergency situations as part of voluntary formations of civil protection;
    • employees who started work after being discharged from military service due to the end of a special period or the announcement of demobilization – up to 60 calendar days.
    • In-service postgraduate workers are granted one unpaid day off per week during their fourth year of study at their request.

 Art 25 of Law on Vacation.