Vacation during martial law: can an employer refuse an employee
The State Labor Service of Ukraine explained whether an employer can refuse an employee vacation during martial law.
During martial law, the rules for granting vacations have certain peculiarities. However, the right to rest has not been canceled.
“An employer can refuse to grant vacation to employees involved in work at critical infrastructure facilities, production of defense goods, or performing mobilization tasks. At the same time, even for these employees, there are exceptions: they cannot be refused vacation related to pregnancy and childbirth, as well as vacation for childcare until the child reaches three years of age.
For all other employees, the right to vacation for the current working year remains, although with certain peculiarities,” the State Labor Service stated.
The agency emphasizes that the employer can limit the duration of the annual main vacation to 24 calendar days for the current working year. At the same time, the employer is obliged to provide such vacation according to the approved schedule.
This limitation does not apply to employees under 18 years old and employees with disabilities – they have the right to a full-length vacation.
Additional vacations granted beyond the annual main vacation are preserved. However, due to production necessity or insufficient funding, they may be granted without pay.
“Important: these days are not lost. The employee will be able to use them after the termination or cancellation of martial law.
If you have unused vacations from previous years, the employer has the right to temporarily refuse to grant them. But the right to such days off remains; they can be used later or compensated financially upon dismissal.
Thus, an employer can refuse vacation only in cases directly provided by law. At the same time, it is not their obligation. If the production situation and financial capabilities allow, vacations should be granted considering the schedule and the needs of employees,” the State Labor Service added.
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