Annual leave before or after maternity leave: what guarantees does the law provide
Providing employees with annual paid leave is one of the forms of exercising the right to rest, guaranteed by Article 45 of the Constitution of Ukraine.
At the same time, the legislation provides for certain categories of employees who, at their request, are granted annual leave at a convenient time for them. Thus, according to part 13 of Article 10 of the Law of Ukraine "On Leaves" No. 504/96-VR, women have the right to receive annual leave before maternity leave or after its completion.
Thus, if an employee is granted maternity leave, the employer is obliged, upon her request, to attach the annual basic and additional leave to such leave, even if they are granted outside the approved leave schedule. This right does not depend on the length of the employee's work at the enterprise, institution, or organization in the current working year, reminds the Federation of Trade Unions of Ukraine.
Annual basic and additional leave can be granted both before the start of maternity leave and after its end. To formalize such leaves, the employer must issue the appropriate order or directive.
Earlier, the "Judicial and Legal Newspaper" wrote that the Supreme Court clarified the procedure for paying a court employee financial assistance for part of the annual basic leave.
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