Vacation During the War – Does the Employer Have the Right to Say "No"
The Labor and Employment Inspection of the Dnipro City Council explained how employees' right to vacation is applied during martial law and whether an employer can refuse to grant it.
The general right to rest remains guaranteed by the Constitution of Ukraine, the Labor Code, and the Law of Ukraine "On Vacations." At the same time, during martial law, special provisions of the Law of Ukraine No. 2136-IX "On the Organization of Labor Relations under Martial Law" apply, allowing employers in certain cases to restrict the granting of vacations.
In particular, the law provides that an employer may refuse an employee the unused days of annual leave. Also, the duration of the main annual leave may be limited to 24 calendar days for the current working year. The remaining days exceeding this limit are postponed until after the end or cancellation of martial law.
The broadest powers to refuse vacations belong to employers concerning employees involved in work at critical infrastructure facilities, defense production, or mobilization tasks. For this category of employees, any type of leave may be denied, except for maternity leave and leave to care for a child up to three years old.
At the same time, the inspection emphasizes that this does not mean a complete ban on vacations. The law only gives the employer the right to refuse but does not oblige them to do so. In most cases, vacations are granted according to approved schedules if it does not harm the enterprise's work.
The decision to grant vacation is made individually, taking into account production needs, the number of employees, and the specifics of the enterprise's activities.
Unused days of annual leave are not canceled. They are carried over to future periods, and in case of dismissal, the employee is paid monetary compensation for all unused days.
It is separately noted that in May 2026, the Constitutional Court of Ukraine declared unconstitutional the restriction concerning certain categories of employees entitled to annual main leave exceeding 24 calendar days, including minors and persons with disabilities. This decision may affect the further application of the relevant legislative provisions.
The inspection concludes: during martial law, the employer may limit or refuse vacation, but such decisions must be made in accordance with the law and the real needs of the enterprise. Unused vacation days remain with the employee.
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