Dismissal After Maternity Leave: Will Compensation Be Paid for Unused Leave?
In Ukraine, legislation guarantees employees monetary compensation for unused annual leave days upon dismissal. However, in practice, questions often arise regarding the application of this provision in specific situations, particularly after maternity leave. The Federation of Trade Unions of Ukraine has clarified whether an employee is entitled to such compensation and which legislative norms regulate this issue.
It is noted that, according to Part One of Article 24 of the Law of Ukraine "On Leave," an employee is to be paid monetary compensation for all unused days of annual leave upon dismissal. Additionally, compensation is provided for unused days of additional leave for employees who have children or an adult child with a disability (subgroup A of group I from childhood). The right to such payment does not depend on the length of the employee’s service at the enterprise, institution, or organisation.
The Federation also pointed out that, according to Paragraph 3 of Part One of Article 9 of the Law "On Leave," the period of maternity leave is counted towards the length of service that entitles an employee to annual main leave.
Thus, in the event of dismissal, the employer is obliged to pay the employee monetary compensation for unused days of annual main leave accrued during the period of maternity leave.
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