--- title: "Fallen Ill During Vacation: How Ukrainians Can Legally Extend or Postpone Rest Days" description: "Ukrainian legislation does not deprive an employee of annual leave days if they fall ill during that period. We examine how to extend rest or postpone unused days according to the Labor Code and what needs to be formalized." date: 2026-11-13T05:41:41.935Z lang: en url: https://xab.info/en/posts/fallen-ill-during-vacation-how-to-extend-or-postpone tags: [ukraine, labor-law, vacation, sick-leave, employment, work-rights] author: "Darya Fomina" publisher: "XAB.info" --- # Fallen Ill During Vacation: How Ukrainians Can Legally Extend or Postpone Rest Days ![A man in a blanket speaks on the phone with a sick expression while a woman comforts him on the sofa.](https://xab.info/media/2026/11/13/zabolel-vo-vremya-otpuska-kak-prodlit-ili-perenesti-dni-otdyha/zabolel-vo-vremya-otpuska-kak-prodlit-ili-perenesti-dni-otdyha-1.webp) ## Key Points - Days of confirmed sick leave during annual leave are not included in the vacation (Art. 78 of the Labor Code of Ukraine). - An employee can extend the vacation or postpone unused days (Art. 80 of the Labor Code, Art. 11 of the Law 'On Vacations'). - Formalization requires a sick leave certificate and an application; new dates are agreed with the employer and fixed by an order. - Postponed days are used within 12 months after the end of the working year. - Martial law does not cancel the general rule, but introduces certain restrictions on the procedure and duration of vacations. 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. ## Fact-Check & Sources - [Можно ли перенести неиспользованные дни отпуска по болезни: что предусматривает КЗоТ Украины](https://styler.rbc.ua/ukr/useful/chi-mozhna-perenesti-nevikoristani-dni-vidpustki-1794489881.html) - Primary source; contains the norms of Art. 78 and 80 of the Labor Code, Art. 11 of the Law 'On Vacations', State Labor Service explanation dated 27.10.2025, 12-month period and martial law rules. All facts of the article are taken from here. - [Компенсация за отпуск: как можно получить деньги вместо отдыха](https://www.rbc.ru/education/06/10/2026/6ab4369f9a79478ec31dfad7) - Describes Russian practice of replacing vacation with money; does not relate to Ukrainian norms from the basis, not used in the text. - [Эксперт Подольская рассказала, как перенести отпуск при открытии больничного](https://piter.tv/event/Ekspert_Podolskaya_rasskazala_kak_perenesti_otpusk_pri_otkritii_bolnichnogo/) - Commentary on Russian federal law (Presidential Academy, TASS); does not confirm Ukrainian norms, not used in the text. - [Волгоградцам разъяснили нюансы замены ежегодного отпуска деньгами](https://v102.ru/news/165954.html) - Russian regional practice; does not relate to Ukrainian facts, not used in the text. ## FAQ ### Will I lose vacation days if I fall ill during it? No, if temporary disability is properly documented. Such days are not included in the annual leave and either extend the vacation or are postponed to another period. ### What is needed to extend or postpone a vacation? A sick leave certificate and the employee's application. New dates are agreed with the employer and issued via an order; changing the return date independently without formalizing it is not recommended. ### Within what timeframe should postponed vacation days be used? Within 12 months after the end of the working year for which the respective vacation was granted. ### How do payments change in case of illness during vacation? When extended, previously paid vacation pay for illness days is credited as payment for the extended part; when postponed, a recalculation is made. Sick leave is accrued for the confirmed period of disability in both cases.