Unused vacation from previous years: when compensation can be received without dismissal
Employees can receive monetary compensation for part of the unused annual leave without dismissal, but only under certain conditions. It is not allowed to compensate all accumulated vacation days from previous years in this way.
According to the Law of Ukraine "On Leaves," an employee has the right to replace part of the annual leave with monetary compensation if for the corresponding working year they have already used at least 24 calendar days of rest.
For example, if an employee is entitled to 28 calendar days of leave for one working year — 24 basic and 4 additional — they can first use 24 days, and receive compensation for the remaining 4 days without dismissal.
At the same time, if the duration of the annual leave is only 24 calendar days, payment of compensation for these days is possible only after dismissal.
Unused vacations from several previous years cannot simply be summed up and replaced with money if for each individual year the employee was provided only 24 calendar days of rest.
Compensation without dismissal is paid only upon the employee’s request. The employer cannot independently replace leave with payment, but has no right to refuse if all the conditions provided by law are met.
As previously written by the "Judicial and Legal Newspaper", Constitutional Court judges of Ukraine Viktor Horodovenko (reporting judge in the case) and Halyna Yurovska explained the content of the Constitutional Court 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 basic 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 "at the employer’s decision, unused days of such leave may be granted without pay," in that it does not ensure the provision of paid annual basic leave to persons under eighteen years of age and persons with disabilities, the minimum duration of which is more than 24 calendar days.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, page on Facebook and on Instagram to stay informed about the most important events.
