Up to 36 Months of Leave for Evacuated IDP Employees May Count Towards Their Insurance Record
A draft law No. 15417 dated 16th July 2026, titled "On Amendments to the Law of Ukraine 'On Compulsory State Pension Insurance' and Some Other Legislative Acts of Ukraine Regarding the Inclusion in the Insurance Record of the Period of Employees' Unpaid Leave Due to Evacuation from Combat Zones," has been registered in the Verkhovna Rada.
Its primary objective is to safeguard the pension rights of employees who, during times of conflict, were compelled to take unpaid leave due to evacuation from combat zones, temporary occupation, or other circumstances linked to armed aggression.
The practical significance of the draft law lies in its proposal to eliminate situations where individuals, due to circumstances arising from armed aggression, inadvertently lose part of their insurance record simply because the single social contribution was not paid during such leave.
Why legislative changes are necessary
As outlined in the explanatory note, following the onset of full-scale armed aggression by the Russian Federation, millions of Ukrainians were obliged to evacuate from combat zones, territories under temporary occupation, or areas constantly threatened by shelling.
A substantial number of employees did not sever their employment relationships with their employers but instead utilised the legally permitted option to take unpaid leave during the period of martial law. Nonetheless, as salary payments were suspended during this period, the single compulsory state social insurance contribution was not made, and consequently, this period was not factored into the insurance record.
The drafter of the law underscores that this situation places the adverse repercussions of the war on the affected individuals themselves and could potentially lead to a decline in their pension entitlement, despite their inability to work being a consequence of circumstances beyond their control.
What changes are proposed
The principal amendment in the draft law pertains to Article 24 of the Law of Ukraine "On Compulsory State Pension Insurance," which delineates the periods included in the insurance record.
The draft suggests that the period of an employee’s unpaid leave will be reckoned in the insurance record if such leave was granted in line with Article 12 of the Law of Ukraine "On the Organisation of Labour Relations under Martial Law" due to the person’s evacuation from combat zones, temporary occupation, or their status as an internally displaced person.
Conditions for inclusion
Simultaneously, the draft law establishes several crucial conditions for such inclusion.
Firstly, the pertinent period is proposed to be considered irrespective of the payment of insurance contributions if the circumstances warranting the leave are verified.
Secondly, the draft law specifies the maximum duration of such a period — up to 36 months of being on the respective leave can be tallied in the insurance record.
Proposed changes to labour legislation
Concurrently, the draft law suggests adding a new section to Article 12 of the Law of Ukraine "On the Organisation of Labour Relations under Martial Law."
It stipulates that an employee’s tenure on unpaid leave granted due to evacuation, combat activities, temporary occupation, or other circumstances linked to armed aggression against Ukraine must not serve as grounds for limiting their pension entitlements.
It is also proposed to explicitly state that such a period should be taken into account when determining the insurance record as per the legislation.
Hence, the proposed changes clarify that enforced leave of this nature should not adversely impact an employee’s future pension benefits.
Who may be affected by the new rules
The text of the draft law indicates that the envisaged mechanism for calculating the insurance record will apply to employees who were granted unpaid leave in accordance with Article 12 of the Law of Ukraine "On the Organisation of Labour Relations under Martial Law" due to evacuation from combat zones, temporary occupation, and attaining the status of internally displaced persons.
The explanatory note particularly highlights internally displaced persons, evacuated citizens, and employees who lost their ability to work due to infrastructure damage, occupation of settlements, or cessation of business operations.
The drafter of the law contends that these groups of individuals particularly require additional social protection since the absence of insurance record was not due to their actions.
Therefore, draft law No. 15417 proposes to establish a specific mechanism for incorporating the period of unpaid leave granted due to evacuation, combat activities, temporary occupation, or other circumstances linked to armed aggression into the insurance record.
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