Vacation during martial law: what rights employees have and when an employer can refuse

The right to annual paid leave is guaranteed by Article 45 of the Constitution of Ukraine and is implemented in accordance with the norms of the Law of Ukraine "On Leaves" and the Labor Code of Ukraine. Legislation defines the procedure for granting leaves, their duration, as well as the specifics of applying these norms during martial law. 

When the right to annual leave arises 

As explained by the Ministry of Justice of Ukraine, according to Article 2 of the Law of Ukraine "On Leaves," the right to leave applies to all employees who are in labor relations with enterprises, institutions, organizations regardless of ownership form or work under an employment contract with an individual. This right also extends to foreigners and stateless persons.

According to Article 10 of the Law of Ukraine "On Leaves," in the first year of work, the right to an annual full-length main leave arises after six months of continuous work. At the same time, certain categories of employees may use leave earlier, in particular women before or after maternity leave, persons with disabilities, minor employees, part-time workers, employees after dismissal from military service under conditions defined by law, and other categories provided by legislation. 

What is the duration of leave

Part one of Article 6 of the Law of Ukraine "On Leaves" establishes that the minimum duration of the annual main leave is 24 calendar days for a worked year. For certain categories of employees, the law provides for a longer leave duration. In particular, pedagogical and scientific-pedagogical workers may receive up to 56 calendar days of rest, civil servants — 30 days, persons with disabilities of groups I and II — 30 days, group III — 26 days, and employees under 18 years old — 31 calendar days.

According to Article 79 of the Labor Code of Ukraine and Article 10 of the Law of Ukraine "On Leaves," the sequence of granting annual leaves is determined by a schedule approved by the employer. The employee must be notified in writing of the leave start date no later than two weeks in advance. By agreement of the parties, the leave can be divided into parts, but a continuous part must be at least 14 calendar days.

During martial law, special rules apply, defined by Article 12 of the Law of Ukraine "On the Organization of Labor Relations under Martial Law" and the Decision of the Constitutional Court of Ukraine dated May 19, 2026, No. 3-r/2026. The employer has the right to limit the duration of the annual main paid leave to 24 calendar days, and unused days can be transferred to the period after the termination or cancellation of martial law.

At the same time, the Constitutional Court determined that employees under 18 years old and persons with disabilities retain the right to the minimum duration of paid annual leave guaranteed by law even during martial law.

Also, during martial law, the employer may refuse to grant any type of leave to employees involved in work at critical infrastructure facilities, production of defense goods, or performing mobilization tasks. Exceptions are leave related to pregnancy and childbirth, as well as leave for childcare up to three years old.

In addition, leave without pay may be granted upon the employee’s request. For employees who have left abroad or acquired the status of internally displaced persons, the employer is obliged to grant such leave for the period specified in the application, but not more than 90 calendar days. For family circumstances or other reasons, by agreement of the parties, leave without pay may be granted for up to 30 calendar days per year according to Article 26 of the Law of Ukraine "On Leaves."

Granting annual leave is the employer’s obligation according to Article 79 of the Labor Code of Ukraine and Article 10 of the Law of Ukraine "On Leaves." At the same time, during martial law, the norm that prohibits not granting an employee annual leave of full duration for two consecutive years in peacetime does not apply. This is provided by Article 12 of the Law of Ukraine "On the Organization of Labor Relations under Martial Law."

As previously written by the "Judicial and Legal Newspaper", Constitutional Court judges Viktor Horodovenko (reporting judge in the case) and Halyna Yurovska explained the content of the CCU Decision No. 3-r/2026 in the case on the constitutional submission of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights. 

It is noted that the subject of constitutional control in this case were certain provisions of the Law that define the procedure for granting and transferring unused days of the annual main leave to the post-war period and the employer’s right to grant unused days of such leave without pay.

The Court protected the guarantees of the constitutional right to rest for vulnerable categories of employees, recognizing, in particular, the unconstitutionality of the provision of the second sentence of the second paragraph of part one of Article 12 of the Law, according to which "by the employer’s decision, unused days of such leave may be granted without pay," insofar as it does not ensure the provision to persons under eighteen years old and persons with disabilities of paid annual main leave, the minimum duration of which is more than 24 calendar days.

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