Managing employee leave and vacation time is a critical aspect of compliance and employee satisfaction when operating in Ukraine. Ukrainian labor law provides clear guidelines on various types of leave that employers must provide, ensuring employees have adequate time off for rest, illness, family needs, and other significant life events. Understanding these entitlements is essential for employers to maintain legal compliance and foster a positive working environment.
Compliance with Ukrainian leave policies involves navigating specific requirements for annual leave accrual and scheduling, observing designated public holidays, managing sick leave documentation and compensation, and facilitating various forms of parental leave. Additionally, the law outlines provisions for other specific circumstances requiring employee absence. Adhering to these regulations is fundamental for businesses employing individuals in Ukraine.
Annual Vacation Leave
Employees in Ukraine are entitled to paid annual leave. The minimum duration of basic annual leave is 24 calendar days for each working year. Certain categories of employees, such as those working in hazardous conditions or individuals with disabilities, may be entitled to longer leave periods.
Annual leave typically accrues based on the time worked. Employees are generally eligible for their first annual leave after working continuously for six months at the company. Subsequent leave can be taken at any time during the working year according to a schedule agreed upon by the employer and employees or their representative body.
Leave can be taken in parts, provided that the main continuous part is at least 14 calendar days. Unused annual leave can be carried over to the next year, but generally, all accrued leave should be taken. Compensation in lieu of annual leave is typically only permitted upon termination of employment, or for leave exceeding the minimum 24 days if certain conditions are met.
Public Holidays
Ukraine observes several public holidays throughout the year. On these days, employees are generally not required to work and are entitled to their regular pay. If a public holiday falls on a weekend, the day off is usually transferred to the next working day.
While the exact list and transfer rules can be subject to legislative changes, the standard public holidays observed in Ukraine include:
| 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 |
| June 28 | Constitution Day of Ukraine |
| August 24 | Independence Day of Ukraine |
| October 1 | Day of the Defenders of Ukraine |
| December 25 | Christmas Day |
Note: The dates for Orthodox Easter and Holy Trinity are based on the Julian calendar and vary each year. These are also typically observed as public holidays.
Sick Leave Policies and Pay
Employees in Ukraine are entitled to paid sick leave if they are temporarily unable to work due to illness or injury. To receive sick pay, an employee must provide a medical certificate (electronic or paper) issued by a licensed healthcare professional.
Sick pay is calculated based on the employee's average salary over the past 12 months. The amount of sick pay 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
For the first five days of illness, sick pay is paid 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.
Parental Leave
Ukrainian law provides comprehensive parental leave options, including maternity, paternity, and adoption leave.
- Maternity Leave: Pregnant employees are entitled to maternity leave, typically totaling 126 calendar days (70 days before the expected birth and 56 days after). In case of complicated birth or the birth of two or more children, the post-natal leave is extended to 70 days, making the total leave 140 calendar days. Maternity leave is paid based on 100% of the employee's average salary, funded by the Social Insurance Fund.
- Leave to Care for a Child: Following maternity leave, either parent (mother or father), or another relative who is actually caring for the child, is entitled to unpaid leave to care for a child until the child reaches the age of three. This leave can be extended until the child reaches the age of six if the child requires home care based on a medical conclusion. While this leave is unpaid by the employer, the parent may be eligible for state child care benefits.
- Paternity Leave: A father is entitled to a one-time paid leave of up to 14 calendar days upon the birth of a child. This leave must be taken within three months of the child's birth.
- Adoption Leave: Employees who adopt a child are entitled to paid leave. The duration depends on the age of the adopted child, typically up to 56 calendar days (70 days for adopting two or more children) from the date of adoption, if the child is under 3 years old.
Other Types of Leave
In addition to the main categories, Ukrainian law provides for various other types of leave to accommodate specific employee needs:
- Leave Without Pay: Employees may be granted leave without pay by agreement with the employer for various reasons. The law also specifies certain cases where an employer must grant leave without pay upon the employee's request (e.g., for marriage, death of a relative, caring for a sick family member). The duration of mandatory unpaid leave is often limited.
- Study Leave: Employees studying in educational institutions may be entitled to paid or unpaid leave to attend classes, prepare for and take exams, or work on diploma projects. The duration and payment depend on the type of educational institution and the course of study.
- Bereavement Leave: Employees are entitled to short-term paid leave in the event of the death of a close relative.
- Creative Leave: Provided for employees engaged in scientific or creative work to complete significant projects.
- Leave for Participation in Competitions/Olympics: Granted to employees participating in national or international competitions.
Understanding the nuances of each leave type and ensuring accurate calculation and processing is vital for compliance in Ukraine.
