DURATION OF ANNUAL (BASIC AND ADDITIONAL) LEAVE AFTER WAR PERIODS: SHOULD (NOT) TAKE INTO ACCOUNT IN THE LEAVE PERIODS OF VACATION, SUSPENSION OF THE EMPLOYMENT CONTRACT, LEAVE WITHOUT SALARY AND MOBILIZATION PERIOD AFTER 07/19/202?

For every employee, vacation is the time he waits for during the entire working year. But unfortunately, during the war, vacations for some categories of workers became shorter, and for others, they were generally transferred to the post-war periods. And if for the employee it is a time of rest, then for the employer there are many questions about how to correctly calculate the vacation days for the employee. This is due to the fact that some enterprises stopped their work, others went into idle mode.

It is worth noting that the main legislative documents that regulate the provision of vacations are the Labor Code of Ukraine and the Law on Vacations.

But during the war, there were changes to the labor legislation, which included vacations. Therefore, it is necessary to analyze each case in detail.

Duration of annual basic and additional leave

Annual basic leave for an employee during martial law cannot be more than 24 calendar days. That is, if the employee has the right to a vacation of a longer duration, then that amount of vacation will be transferred to the post-war period. As for additional vacations, they can be granted with the consent of the employer.

Downtime

During downtime, the employee retains at least 2⁄3 of the average earnings, and therefore this period must be included when calculating the duration of annual basic leave.

Suspension of the employment contract

If the employment contract with the employee is suspended for the period of martial law, the time for which the contract is suspended will not be taken into account towards the length of service for granting annual basic leave. This norm is provided for in Art. 9 of the Law "On Vacations", where it is stated, regarding the period of work that gives the right to calculate the annual basic vacation, there is a time when the employee does not work, but the salary is kept for him. Since the salary is not retained upon termination of the employment contract, this time will not be included in the calculation of the main leave.

Leave without pay

During the war, the employer may, upon written application of the employee, grant leave without retaining earnings. Such leave may be granted until the end of the war.

The time spent on such a vacation is included in the insurance record and is the basis for calculating the annual basic vacation.

Mobilization period after 07/19/2022

If the place of work and the average salary were kept for the mobilized employee before 19.07.2022, then after the specified date the average salary is not kept. Accordingly, seniority for granting annual basic leave for those mobilized after 07/19/2022 will not be counted.

These are the main points regarding the granting of leave for today, but the law is constantly changing. If there are questions about the period of work that is included for the calculation of annual basic leave, the calculation of the amount of vacation pay or other issues of labor law, you should consult with specialists. Since the regulations are not permanent, and in order to correctly determine the duration of the annual basic leave, it is necessary to follow these changes.