Ukraine: New statute on granting leave to employees

In brief

On 24 December 2023, Law No. 3494-IX of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Granting and Use of Leave and Other Issues" dated 22 November 2023 ("Law") came into effect, detailing and amending certain provisions of the existing legislation on granting leave to employees.


Contents

Key changes

  • The maximum duration of unpaid leave due to family circumstances and for other reasons has been increased from 15 to 30 calendar days per year.
  • Regardless of the above limitation, employers may grant unpaid leave for the period of an epidemic or a pandemic spreading, if an employee must self-isolate in cases established by law, or in case of threat of an armed aggression, or an emergency of a human-caused, natural, or other nature.
  • Employees dismissed from military service due to the end of a special period or demobilization are entitled to unpaid leave of up to 60 calendar days.
  • Paid leave of up to 14 calendar days is granted to a close family member within three months from the birth of a child.
  • In the event of a call-up for military service, the employee, at their request and on the basis of an application, is to be paid monetary compensation for all unused days of annual leave, as well as for additional leave for employees having children or a child with childhood disabilities of Subgroup A, Group I.

During the period of martial law, employers that are designated as critical infrastructure facilities, are producers of defence products, or have a contract for a mobilisation order may refuse to grant any types of leave (with certain exceptions) to those employees who are directly involved in the relevant production process.

Recommendations

We recommend that employers in Ukraine take the above legislative changes into account and update their leave policies and practices as may be needed to comply with this Law.

Ukraine version

 


Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.