Managing employee leave and vacation entitlements is a crucial aspect of compliance and employee satisfaction when operating in Ukraine. Ukrainian labor law provides clear guidelines on various types of leave, ensuring employees receive adequate time off for rest, illness, family responsibilities, and other significant life events. Understanding these regulations is essential for employers to maintain legal compliance and effectively manage their workforce.
Employers in Ukraine must adhere to the established legal framework regarding annual leave, public holidays, sick leave, and various forms of parental and special leave. These entitlements are designed to protect employee well-being and are mandatory requirements for all employers operating within the country. Navigating these requirements can be complex, particularly for international companies, making a clear understanding of each leave type vital for smooth operations.
Annual Vacation Leave
Employees in Ukraine are entitled to paid annual leave. The minimum duration of basic annual leave is set by law.
- Minimum Entitlement: The minimum duration for basic annual leave is 24 calendar days for each working year.
- Accrual: Leave is typically accrued based on the time worked. Employees are generally eligible for annual leave after working continuously for six months with an employer. However, leave can be taken proportionally before this period by agreement.
- Usage: Annual leave can be taken in parts, provided that one continuous part is at least 14 calendar days. The remaining days can be split as agreed between the employee and employer.
- Payment: Employees receive their average salary for the duration of their annual leave. Payment must typically be made no later than three days before the leave begins.
- Carryover: Unused annual leave days can generally be carried over to the next working year, but there are limitations and regulations regarding the maximum carryover period and compensation for unused leave upon termination.
Public Holidays
Ukraine observes several public holidays throughout the year. These days are typically paid days off for employees. If a public holiday falls on a weekend, the day off is usually transferred to the next working day.
Here are the standard public holidays observed in Ukraine:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| January 7 | Orthodox Christmas |
| March 8 | International Women's Day |
| May 1 | International Workers' Day |
| May 8 | Day of Remembrance and Reconciliation |
| May 9 | Victory Day over Nazism in World War II |
| (Variable) | Orthodox Easter (Pascha) |
| (Variable) | Orthodox Holy Trinity Day |
| June 28 | Constitution Day of Ukraine |
| July 15 | Ukrainian Statehood Day |
| August 24 | Independence Day of Ukraine |
| October 1 | Defenders Day of Ukraine |
| December 25 | Christmas Day (Catholic/Protestant) |
Note: Specific dates for variable holidays like Easter and Trinity Day change each year. The transfer of weekend holidays to weekdays is subject to government resolution.
Sick Leave Policies
Employees in Ukraine are entitled to sick leave when they are temporarily unable to work due to illness or injury.
- Entitlement: Employees are entitled to paid sick leave based on a medical certificate issued by a healthcare professional.
- Duration: There is no strict legal maximum duration for sick leave, but long-term sick leave is subject to specific regulations and potential medical evaluations.
- Sick Pay: Sick pay is calculated based on the employee's average salary over the past 12 months. The percentage of average salary paid depends on the employee's length of social insurance contributions:
- Up to 3 years of contributions: 50% of average salary
- 3 to 5 years of contributions: 60% of average salary
- 5 to 8 years of contributions: 70% of average salary
- Over 8 years of contributions: 100% of average salary
- Payment Source: For the first five days of illness, sick pay is covered by the employer. From the sixth day onwards, sick pay is covered by the Social Insurance Fund of Ukraine, provided the employee meets the eligibility criteria.
- Requirements: A valid medical certificate (sick note) is mandatory to justify sick leave and receive sick pay.
Parental Leave
Ukrainian law provides comprehensive parental leave options, including maternity, paternity, and adoption leave.
- Maternity Leave: Provided to pregnant employees.
- Duration: Typically 126 calendar days (70 days before birth and 56 days after birth). This is extended to 140 days (70 before and 70 after) in case of complicated birth or the birth of two or more children.
- Pay: Maternity leave is paid by the Social Insurance Fund based on 100% of the employee's average salary.
- Leave for Childcare: After maternity leave, either parent (or another relative caring for the child) is entitled to unpaid leave to care for a child until they reach the age of three. This leave can be extended until the child reaches age six if the child requires home care based on a medical conclusion.
- Paternity Leave: Fathers are entitled to paid leave upon the birth of a child.
- Duration: Up to 14 calendar days, excluding public holidays.
- Eligibility: This leave must be taken within three months of the child's birth.
- Adoption Leave: Provided to employees who adopt a child.
- Duration: 56 calendar days (70 days for adopting two or more children) from the date of adoption, provided the application is made within three months of the child reaching age three.
- Pay: Paid by the Social Insurance Fund.
Other Types of Leave
Beyond the main categories, Ukrainian law also provides for various other types of leave under specific circumstances.
- Unpaid Leave: Employees can request unpaid leave for various reasons, often by agreement with the employer. Certain categories of employees are entitled to mandatory unpaid leave under specific conditions (e.g., for family reasons, marriage, death of a relative).
- Study Leave: Employees studying in accredited educational institutions may be entitled to paid or unpaid leave for exams, coursework, or thesis defense, depending on the type of study and the educational institution.
- Bereavement Leave: Employees are entitled to short-term paid leave in case of the death of a close relative. The duration is typically up to 3 or 7 calendar days, depending on the degree of relationship.
- Leave for Military Service: Employees called up for military service or alternative service are entitled to retain their job and average earnings for the period of service.
- Creative Leave: Provided to employees engaged in scientific or creative work to complete a dissertation, textbook, or other creative project.
- Sabbatical Leave: While not a standard legal entitlement for all employees, some employers may offer sabbatical leave based on internal policies or collective agreements.
