We answer questions about unused vacation

Compensation for unused vacation is a monetary payment that an employee receives for vacation days that were not used during employment. It is accrued upon dismissal or at the employee’s request.

A year has passed, and there was no time to go on vacation – a familiar situation for many, especially during the war. Is it possible to use the remaining days or receive compensation, the editorial office of the publication asked the lawyer of the law company “DE-JURE” Dimitriy Strichenko.

Is it possible to use vacation for past years during martial law question?

The employer makes the decision on this, and during the period of martial law, he has the right (but not the obligation!) to refuse.

Is the employer responsible for refusing to provide vacation during the war? When he cannot refuse?

If an employee is involved in work at critical infrastructure facilities, the production of defense goods, or the fulfillment of a mobilization order, the employer may refuse to provide any type of vacation, except for leave in connection with pregnancy and childbirth and for caring for a child under 3 years old.

Refusal to grant leave or violation of its terms to other categories of employees is grounds for holding the employer liable.

When can you receive compensation for unused leave?

Compensation for unused leave is provided when an employee is dismissed, mobilized into the Armed Forces of Ukraine, or goes to serve under a contract. The legislation also provides for the possibility of receiving monetary compensation at the employee’s request.