Important and/or distinctive aspects of annual leave legislation in Ukraine

In Ukraine, a minimum entitlement of 24 calendar days of paid annual leave (or more for certain categories of employees) may be significantly extended by additional leave entitlements for reasons which include harsh labour conditions, the special nature of work (e.g. heavy emotional or intellectual load, geographical or geological conditions, increased health risks, irregular working hours etc.), for study or sabbatical leave and for maternity/paternity, adoption or other forms of parental leave.

Ukrainian legislation also sets out certain circumstances where employees are entitled to additional unpaid leave, including marriage, single parenthood and study leave for employees with dependent children. Public holidays and official non-working days are not included in the annual leave entitlement. Pay during annual leave is paid on the basis of the employee's average salary in the period preceding the annual leave.

Under the general rule, employees are not entitled to take annual leave until they have six months' uninterrupted service with their employer. Annual paid leave may be taken in segments, but at least one segment should not be of less than 14 consecutive calendar days in duration. However, employers often find ways to split annual leave into smaller parts (i.e. employees are not permitted to take on a period of 14 days' uninterrupted annual leave) while formally complying with this requirement.

In the case of termination of employment during a calendar year, employees are entitled to the annual leave in proportion to the time worked in the relevant calendar year plus all unused days of annual leave accrued in previous years. In the case of delay in payment for annual leave on termination, the employee may make a claim for his/her average earnings for the period of delay.

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