Possibility of Extending Unpaid Leave During Martial Law in Ukraine
In the current Ukrainian legal framework, employment relationships between employees and employers are regulated by existing legislation, which provides for various scenarios concerning temporary absence from work.
One such situation is unpaid leave, often used during long absences or personal circumstances.
During martial law in Ukraine, a set of rules has been introduced governing the granting and extension of such leave.
Experts from the South-Eastern Interregional Department of the State Labor Service explain that, according to Article 12, Part 4 of the Law of Ukraine ‘On the Organization of Labor Relations During Martial Law,’ employers are obliged, upon employee request, who has left the country or become internally displaced, to grant unpaid leave for a period specified by the employee’s application, but not exceeding 90 calendar days.
However, the law does not explicitly allow for indefinite extension of this vacation.
An alternative possibility exists: during the period of martial law, employers, with mutual agreement, can provide unpaid leave without time restrictions.
This implies that an employee can remain on such leave longer, but only if the employer agrees.
It is also important to note that time spent on such leave does not count towards the employee’s service period, which affects annual leave entitlement.
Additionally, considerations are given to remote workers’ ability to take leaves, offering further flexibility in personal time management during wartime.