In accordance with the labor laws of Ukraine, annual basic leave is granted to employees with a duration of at least 24 calendar days for the completed working year, which is counted from the date of conclusion of the employment contract. For some categories of employees, the legislation of Ukraine may provide for a different duration of annual basic leave.
During the period of martial law, the employer may refuse to grant any type of leave to an employee (except maternity leave and leave to care for a child up to the age of three), if such an employee is involved in the performance of work at facilities critical infrastructure.
Article 2 of Law No. 504 prohibits the replacement of vacation with monetary compensation, except for the cases provided for in Art. 24 of this Law, namely, 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.
At the same time, it is possible to receive monetary compensation for annual leave without resigning from work. At the same time, the duration of the annual and additional vacations granted to the employee should not be less than 24 calendar days.
That is, at the employee’s request, after he has used 24 days of annual leave for the working year for which leave is granted, he may be paid monetary compensation for the remaining days of unused annual leave for the same working year.
In addition, during the period of martial law, the obligation of the employer to grant unused annual leave for no more than 12 months after the end of the working year for which the leave is granted, as well as the prohibition of not granting annual leave of full duration for two consecutive years, are suspended.