Mother of three children did not receive compensation for unused leave after dismissal from military service: how the court protected her rights
The Odesa District Administrative Court considered, in written proceedings under simplified administrative procedure rules, an administrative case filed by a servicemember against a military unit regarding recognition of unlawful inaction and obligation to perform actions related to calculation and payment of monetary compensation for unused days of additional annual social leave.
Essence of the case
The plaintiff, a servicemember who served in the military unit from September 16, 2016, to February 23, 2022, filed a claim to recognize the defendant's inaction as unlawful, which consisted in failure to conduct a full and timely settlement upon dismissal from military service, in particular failure to calculate and pay monetary compensation for all unused days of additional annual social leave provided by Article 19 of the Law of Ukraine "On Leaves" and Article 182-1 of the Labor Code of Ukraine for the period of military service from 2017 to 2022, as well as to oblige the defendant to calculate and pay the corresponding compensation.
The claim was justified by the fact that the plaintiff served in the military unit from September 16, 2016, and was removed from the personnel list on February 23, 2022, based on the order of the military unit commander. After dismissal, she learned that during the final settlement, the defendant did not pay monetary compensation for unused days of additional annual social leave as a servicemember raising three children under 15 years old for the entire period of service from 2017 to 2022.
By court order dated June 9, 2025, proceedings were opened and the case was set for consideration under simplified procedure without summoning the parties. The defendant was given time to submit a response but did not do so.
The claims were based on legislation stipulating that in the year of dismissal, servicemembers are entitled to monetary compensation for all unused days of annual main and additional leave, including additional social leave for servicemembers with children.
In written explanations, the defendant stated that at the time of the plaintiff's removal from the personnel list, all necessary settlements were made and noted that the provisions of the Labor Code of Ukraine do not apply to servicemembers.
The court established that the plaintiff served in the military unit from September 16, 2016, to February 23, 2022, was enrolled by order dated September 16, 2016, and removed by order dated February 23, 2022, due to dismissal from military service.
Upon removal from the personnel list, she was paid monetary compensation only for unused annual main leave for 2022 amounting to three days, but compensation for unused days of additional annual social leave for 2017–2022 was not paid.
The plaintiff is a mother of three children, confirmed by respective birth certificates.
A letter from the military unit dated May 15, 2025, stated that all necessary settlements were made upon dismissal and that the Labor Code of Ukraine does not apply to servicemembers.
No evidence was provided by the defendant of the plaintiff using additional social leave or receiving monetary compensation for unused days of such leave.
Positions and conclusions of the court
According to part two of Article 19 of the Constitution of Ukraine, state authorities and their officials must act only on the basis, within the powers, and in the manner prescribed by the Constitution and laws of Ukraine.
Military service is a state service of a special nature, and servicemembers enjoy all human and citizen rights and freedoms, taking into account the specifics established by special legislation.
The Law of Ukraine "On Leaves" establishes the right of persons with children to additional paid annual leave, and the Law of Ukraine "On Social and Legal Protection of Servicemembers and Their Families" provides for the obligation to pay monetary compensation for all unused days of annual main and additional leave in the year of dismissal.
The court holds that non-use of additional social leave does not terminate the right to it, and such right may be exercised either by granting the leave or by paying monetary compensation.
Restrictions on granting leave during a special period are temporary and do not affect the right to receive monetary compensation for unused days of such leave.
The defendant did not prove that the plaintiff used additional social leave or received monetary compensation for unused days during the disputed period.
In view of the above, the Odesa District Administrative Court in case No. 420/17688/25 concluded that the military unit unlawfully failed to conduct a full settlement with the plaintiff upon dismissal, as it did not calculate or pay monetary compensation for all unused days of additional annual social leave for 2017–2022. Therefore, the court recognized the military unit's inaction as unlawful and obliged it to calculate and pay the plaintiff the appropriate monetary compensation.
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