On 24 December 2023, the Ukrainian Parliament adopted a Law of Ukraine No. 3494-IX (the ''Law''), which amends the procedure for granting vacations and their duration. The Law applies to the following:
Paternal leave
One-time paid leave of up to 14 calendar days provided to a father of a newborn child (another relative of a single parent) shall be available within three months following the birth of a child. Previously, there was no deadline for taking this leave.
Monetary compensation for unused vacations to servicemen
At the request of servicemen, they are paid monetary compensation for all unused days of annual leave and additional leave for having children or an adult child with a disability of I group subgroup A. Such compensation is granted based on the application of a serviceman submitted no later than the last day of the month in which a serviceman was released from work in connection with the enlistment in the army. Previously, it was possible to pay such compensation only upon termination of employment.
Unpaid leave
The duration of unpaid leave due to family-related circumstances and other reasons is extended to 30 calendar days per year (before the changes – up to 15 days). Longer duration of unpaid leave may be agreed with an employer in case of the threat of the spread of an epidemic, pandemic, the need for self-isolation of an employee, in the event of a threat of armed aggression against Ukraine, an emergency situation of a man-made, natural or other nature. The time spent on such vacations is excluded from the length of employment record, which gives the right to annual vacation.
Employees who start working after being discharged from military service due to demobilization or the end of a special period have the right to unpaid leave of up to 60 calendar days.
Other vacations
From now on, a trade union is responsible for payment an average salary for the additional leave of members of the elected bodies of the trade union during trade union training.
The duration, procedure, terms of granting and payment for the leave for preparation and participation in sports competitions are specified in the employment agreement and/or CBA.
Weekends and non-working days
The changes abolish the rule on rescheduling of weekends and working days coinciding with a holiday or non-working day according to the recommendation of the government. From now on, such rescheduling is determined in the employment agreement and/or CBA. In the absence of such provisions, the rescheduling is carried out by an internal employer's order approved by the elected body of the primary trade union or with authorized representatives of employees.
The second day off (in addition to Saturday) within a five-day working week, if it is not defined by legislation, in addition to the company's work schedule, may also be determined in the employment agreement and/or CBA.
By Inesa Letych, Counsel, and Iryna Shaposhnikova, Associate, Asters
