The U-LEAD experts systematised the annual leave data and organised an information session at the Odesa regional office in order to provide it to HR specialists.
At first, the participants learned the basic rules applicable to all annual leave (regular and additional). They talked about schedules, the rights of employees to take leave at a convenient time, the employer's obligation to notify of leave in advance, as well as first-year leave, transfer, division, refund, and recall from leave. The procedure for granting long service in local self-government bodies got a more detailed consideration. They paid attention to the provision of "computer" leave and irregular working hours, as well as to financial recreational support.
The martial law did not affect the leave schedule in local self-government bodies. This document is mandatory, along with introducing it to the employees. Also, the rule on two-week notice of a scheduled annual leave remains mandatory.
The employer has the right (but not the obligation) to limit the leave period to 24 calendar days. The employee can use the balance of the limited leave only after the martial law ends. At the same time, it is possible to receive refund for unused leave.
"For example, if the leave of a local government employee was limited to 24 days, they can receive refunds for the remaining 6 days," explained Oksana Gunenkova, Decentralisation Adviser of the U-LEAD with Europe Regional Office in Odesa Oblast.
One should also keep in mind that now holidays and non-working days are treated as normal working days.
Long service leave in local self-government bodies is regulated by the Law of Ukraine "On Service in Local Self-Government Bodies" and therefore refers to annual additional leave. Officials with more than 10 years of service in local self-government bodies are granted an additional leave of up to 15 calendar days. The duration of the additional annual leave for long service depends solely on the length of service in local self-government, i.e. its granting is unrelated to the time worked in the working year.
The Law of Ukraine "On the Regulation of Labour Relations under Martial Law" does not provide for any restrictions on additional leave, unlike the regular annual one.
"A local self-government employee who is entitled to additional annual long service leave has the right to receive it in full. At the same time, the manager may refuse granting unused leave, but justified expediency is required. Actually, an employee may be denied any type of leave during the martial law period, except for pregnancy and childbirth, as well as parental leave for a baby under the age of 3, if the employee is involved in critical infrastructure works," said Nataliya Balanyuk, Decentralisation Adviser of U-LEAD with Europe in Mykolaiv Oblast.
The participants also considered financial support for recreation. According to Lyudmyla Gurba, Decentralisation Adviser of U-LEAD with Europe in Vinnytsia Oblast, such payments are provided only along with the regular annual leave, regardless of the number of such leave days.
The speakers reminded that violation of the legislation on leave may be subject to financial sanctions under paragraphs ten to eleven of part two of Article 265 of the Labour Code of Ukraine and to administrative liability under parts 1 and 2 of Article 41 of the Code of Ukraine on Administrative Offences.