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Who Has the Right to Annual Leave Outside the Schedule?
The vacation schedule is a plan, but not a strict obligation: it can be adjusted by agreement of the parties.
Leave outside the schedule is of two types:
- “must grant” – the employee has the right to a convenient time,
- “can agree” – the employer assesses the production need.
Whom the Employer Cannot Refuse
According to Art. 10 of the Law of Ukraine “On Vacations” No. 504/96-VR, annual leave at a convenient time upon request is granted to:
- persons under 18;
- persons with disabilities;
- women before/after maternity leave; women with two or more children under 15 or a child with a disability;
- single mothers/fathers, guardians, trustees, and other lonely persons who actually raise children under 15 in the absence of parents;
- wives/husbands of military personnel;
- labor veterans and persons having special labor merits to the Motherland; war veterans, persons having special merits to the Motherland, as well as family members of fallen (deceased) war veterans and family members of fallen (deceased) Defenders of Ukraine;
- parents-educators of family-type children’s homes; employees — members of fire and rescue units to ensure voluntary fire protection (at least one year);
- part of the annual leave (at least 12 calendar days) to accompany a child to an educational institution in another locality;
- in other cases provided by legislation, collective or employment agreement.
If There Is No Right to “Convenient Time”
The employee can submit an application for granting annual basic leave outside the schedule. The employer can agree or refuse the employee.
To formalize leave outside the schedule, the following algorithm is applied:
employee’s application – order – recording changes in the schedule.
How to Record Changes to the Schedule?
- First option — make corrections directly in the vacation schedule in the “Notes” column: for example, note that the period is rescheduled to June or write specific dates (say, 02.06–15.06).
- Second option — re-approve the vacation schedule in a new edition.
- Third option — officially make changes to the current schedule: issue an order on making changes, and formalize the changes themselves as an appendix to the schedule.
Important: in the second and third options, coordination with the trade union (if it operates at the enterprise) is required.
Payment and Wartime Nuances
Salary for the vacation period is paid before it starts, unless otherwise provided by legislation, labor, or collective agreement.
During martial law, the employer may limit the annual basic leave to 24 days and may refuse leaves (except for maternity leave and leave to care for a child under 3 years old) if the employee is involved in critical infrastructure/defense works/mobilization tasks.
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