An illness that strikes an employee during a planned vacation should not cancel their right to rest. Ukrainian legislation explicitly provides that days of confirmed temporary disability are not included in the annual leave, and the vacation itself in such a case is extended or postponed. We examine which rules to rely on and how to properly arrange the postponement so as not to lose days and not violate procedures.
What the Law Says: Articles 78 and 80 of the Labor Code
The basis of the rule is Article 78 of the Labor Code of Ukraine: days of temporary disability, certified in the established manner, are not included in the annual leave. Article 80 of the Labor Code supplements this: in case of confirmed temporary disability, annual leave must be extended or postponed to another period. Similar provisions are enshrined in Article 11 of the Law of Ukraine "On Vacations." The conclusion is simple: an employee does not lose rest days that coincided with sick leave, provided that the illness is documented properly.
Two Options: Extend or Postpone
As the State Labor Service of Ukraine explains, the employee has two paths. The first is to extend the vacation: after sick leave ends, they use the days of annual leave that coincided with the illness. The second is to postpone unused days to another period agreed upon with the employer. A clear example: a person took a vacation for 14 calendar days, and was on sick leave for four of them. If these four days fell during the vacation and are confirmed, they are not considered used and are granted after recovery or postponed to an agreed term. New dates in any case must be agreed upon with the employer; changing the return date independently without formalizing it is not recommended.
How to Arrange It: Step-by-Step Procedure
Merely reporting feeling unwell is not enough—confirmed temporary disability is required. According to the State Labor Service's explanation, the basis for the order is the sick leave certificate and the employee's application. The procedure is as follows: consult a doctor and issue sick leave in the prescribed manner; inform the employer as early as possible without waiting for the end of the vacation; submit an application indicating whether you are extending the vacation after recovery or postponing the days to another period; if choosing postponement, agree on new dates by mutual agreement of the parties; wait until the employer documents the extension or postponement with an order. Postponed days, according to the State Labor Service explanation, must be used within 12 months after the end of the working year for which the vacation was granted.
Money: How Vacation Pay and Sick Leave Are Recalculated
If an employee falls ill during their annual basic or additional vacation, temporary disability benefits are provided under social insurance legislation. In the State Labor Service explanation of October 27, 2025, the calculation procedure is tied to the chosen option. When extending the vacation, previously paid vacation pay for the illness days is credited as payment for the extended part of the vacation, and sick leave is accrued for the confirmed period of disability. When postponing days, vacation pay for the days that coincided with sick leave is subject to recalculation: instead of them, sick leave is accrued for the period of disability, and payment for the postponed vacation is calculated during its actual provision. Therefore, the amount on the payslip may change even if the total number of vacation days does not change.
Martial Law: What Changes
During martial law in Ukraine, certain specific features of granting vacations apply, which are determined by Article 12 of the Law of Ukraine "On the Organization of Labor Relations under Martial Law." However, the mere fact of martial law does not cancel the general rule on postponing or extending annual leave in case of properly confirmed temporary disability. At the same time, employers may apply legal restrictions regarding the duration and procedure for granting vacations, and separate rules apply to employees involved in work at critical infrastructure facilities and others.
