Can an employee take the “Chernobyl” leave unused from previous years
Employees affected by the Chernobyl disaster and belonging to categories 1 and 2 have the right to a number of state guarantees and social benefits, including additional paid leave. However, in practice, the question often arises: can such leave be used if it was not taken in previous years? The legislation provides a special procedure for granting this benefit, which significantly differs from the rules regarding annual leave. Therefore, unused days of such leave do not accumulate and are not carried over to subsequent years.
What “Chernobyl” leave is guaranteed by law
According to paragraph 22 of part one of article 20 and paragraph 1 of part one of article 21 of the Law of Ukraine No. 796-XII "On the status and social protection of citizens affected by the Chernobyl disaster," persons classified in categories 1 and 2 are guaranteed by the state compensation and benefits regarding the use of annual leave at a convenient time, as well as the provision of additional leave with salary retention lasting 14 working days (16 calendar days) per year.
How this leave differs from annual leave
The legislation defines this leave not as annual leave, but as a social benefit and compensation for those affected by the Chernobyl disaster.
It does not belong to the types of annual leave provided for in article 4 of the Law of Ukraine "On Leave." Accordingly, the provisions of this law regulating the procedure for granting, transferring, or accumulating annual leave do not apply to it.
Moreover, such leave is not related to the work process and is granted regardless of the employee's length of service at the enterprise, institution, or organization.
Who pays for the additional leave for Chernobyl victims
Funding for the payment of this leave is provided from the state budget in accordance with the Law of Ukraine No. 1445-III.
Subparagraph 9 of paragraph 4 of the Procedure for the use of state budget funds to implement programs related to the social protection of citizens affected by the Chernobyl disaster, approved by the Cabinet of Ministers resolution No. 936, stipulates that the payment for additional leave lasting 16 calendar days is made by the Pension Fund of Ukraine regardless of the actual place of residence or stay of the person.
At the same time, such leave can be paid from the state budget only once during the relevant calendar year.
Can unused “Chernobyl” leave from previous years be taken
No. Since additional leave for persons classified in categories 1 and 2 affected by the Chernobyl disaster is a benefit and compensation, not annual leave, it does not accumulate and is not carried over to subsequent years.
Therefore, if an employee did not use the right to such leave in a certain calendar year, they cannot use it later for previous years. The right to payment for such leave arises only within the relevant calendar year and is exercised once a year.
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