Ukraine has special rules regarding parental leave. The law guarantees such leave, but during the period of martial law, the employer may refuse to grant it in certain cases.
Parental leave: who is entitled to it
According to Article 191 of the Law of Ukraine «On Holidays», According to the Labour Code, a one-time paid maternity leave of up to 14 calendar days is granted to one of the family members. This can be a husband whose wife gave birth to a child, a father who is not married to the child's mother but lives together, or an adult relative under certain conditions.
The leave is granted on the basis of a written application from the employee no later than three months after the child's birth. The duration is determined by the employee, but it cannot exceed 14 calendar days.
Restrictions during martial law
Part 2 of Article 12 of the Law of Ukraine «On the Organisation of Labour Relations under Martial Law» allows an employer to refuse to grant any leave, except for maternity leave and leave to care for a child under three years of age, if the employee is involved in work on critical infrastructure.
Thus, during martial law, employees working at such facilities may not receive maternity leave if the interests of the enterprise so require.
The procedure for granting and not using leave
Parental leave is granted only once and cannot be divided or compensated for in cash. It must be used no later than 104 days after the child's birth.
If an employee resigns and is hired at a new job, he or she can exercise the right to leave if he or she provides a certificate of non-use of leave at the previous job.
Loss of the right to leave
After the 104-day period from the date of the child's birth, the right to this leave is lost. The leave is not transferred to the period after the end of martial law, even if the employee did not use it for valid reasons.
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