Can Employees Be Called Back to Work Early During Childcare Leave — What the Law Says
Employees entitled to additional social leave for children need not worry that the employer will prematurely call them back to work due to production necessity. Ukrainian legislation clearly distinguishes the rules for granting annual and social leaves. While there is a mechanism for recalling an employee from annual leave under certain conditions, such a possibility is not provided for additional social leave for children.
Recall from social leave for children is not allowed
An employee cannot be recalled from additional social leave for children.
Current legislation does not contain provisions that would allow an employer to interrupt such leave and return the employee to work duties. At the same time, recalling an employee from annual leave is permitted in cases defined by part three of Article 12 of the Law of Ukraine "On Leaves."
How social leave differs from annual leave
Additional social leave for children has a special legal status. It is granted to an employee mandatorily based on their application once per calendar year.
That is why the legislation does not establish special requirements for determining the period of its use in the leave schedule. Unlike annual leaves, for which a schedule is drawn up and agreed upon, the procedure for granting social leave for children is more flexible and depends on the employee's request.
What employees and employers should know
- Additional social leave for children is granted once per calendar year;
- The basis for granting it is the employee's application;
- Recalling an employee from such leave is not provided for by law;
- Recall provisions apply only to annual leaves in cases defined by legislation;
- The leave schedule does not set a mandatory period for using additional social leave for children.
Thus, the employer has no legal grounds to demand the early return of an employee from additional social leave for children, even if there is a production necessity at the enterprise. The law provides for the possibility of recall only from annual leave and only in specified cases.
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