What unpaid leaves are provided during martial law
The procedure for granting unpaid leave during martial law has a number of features defined by labor legislation. Depending on the reasons for the employee's request and the norms applied in each specific case, the conditions for granting such leave, its duration, and the consequences for employment tenure may vary. In everyday communication, the term "leave without pay" is often used, although Ukrainian legislation does not contain this term.
This was highlighted by the South-Eastern Interregional Department of the State Labor Service, which clarified the types of unpaid leave provided by law and how they affect the work experience that entitles employees to annual main leave.
The agency emphasized that the Labor Code of Ukraine and the Law of Ukraine "On Leaves" use the term "unpaid leave." This type of leave can be granted to employees in cases provided by law.
During martial law, employees may be granted three types of such leave.
The first type is unpaid leave granted mandatorily in cases defined by Article 25 of the Law of Ukraine "On Leaves."
The second is unpaid leave by agreement between the employee and the employer in accordance with Article 26 of the Law of Ukraine "On Leaves."
The third type is provided for by part four of Article 12 of the Law of Ukraine dated March 15, 2022, No. 2136-IX "On the Organization of Labor Relations under Martial Law." Such leave is granted mandatorily upon the application of an employee who has left Ukraine or obtained the status of an internally displaced person. Its maximum duration is 90 calendar days.
The State Labor Service also emphasized that different types of unpaid leave affect the work experience that entitles employees to annual main leave differently. Only leave granted mandatorily in accordance with Article 25 of the Law of Ukraine "On Leaves" is counted towards this experience. Other types of unpaid leave are not included in this experience.
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