Vacation for more than 24 days: will it be a violation of the law?
The employer does not mind giving the employee an annual vacation of 31 calendar days. Does the employer violate the requirements of subpara. 2 of Part 1 of Article 12 of the Law of Ukraine "On Organization of Labor Relations under Martial Law"?
The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of the Granting and Use of Vacations, as well as Other Issues" No. 3494-IX dated 22.11.2023, which entered into force on 24.12.2023, amended and supplemented Part 1 of Article 12 of the Law of Ukraine "On the Organization of Labor Relations under Martial Law".
Thus, in accordance with subpara. 1 of Part 1 of Article 12 of the Law of Ukraine "On Organization of Labor Relations under Martial Law", during the period of martial law, the provision of annual basic leave to an employee by the employer's decision may be limited to 24 calendar days for the current business year.
Art. 12 para. 2 of Part 1 of Article 12 of the above Law stipulates that if the duration of an employee's annual basic leave is more than 24 calendar days, the days of such leave not used during the period of martial law shall be postponed to the period after the termination or lifting of martial law. At the employer's discretion, unused vacation days may be granted without pay.
Thus, providing an employee with annual vacation leave in excess of 24 calendar days is a right, not an obligation.
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