In the context of an unstable economic situation and high labor market demand, many workers in Ukraine face the necessity of postponing their annual leave for an indefinite period. However, contrary to popular belief, unused vacation days do not expire automatically, even if an employee has not taken leave for several years in a row. This was confirmed by lawyer and Master of Law Yevhen Bulymenko in a comment to RBC-Ukraine.
The right to leave is preserved regardless of time
According to current Ukrainian legislation, an employee's right to annual paid leave is not annulled over time. Vacation days accumulate and can be used in the future by agreement with the employer. This means that if a person has not taken leave for several years, they retain the right to all accrued days and can utilize them at any time convenient for both parties.
Compensation upon termination
Full monetary compensation for all unused vacation days is provided to the employee in the event of termination of employment. This is directly stipulated by Article 24 of the Law of Ukraine "On Leave". Thus, upon termination of the employment contract, the employer is obliged to pay the employee an amount equivalent to all accrued vacation days, based on the average earnings.
Partial compensation while employed
While employed, partial replacement of leave with monetary compensation is also possible, but with an important restriction: the employee must actually receive annual and additional leave with a total duration of not less than 24 calendar days. This means that it is impossible to receive money instead of all vacation days while continuing to work. The legislation protects the employee's right to rest and does not allow fully replacing leave with monetary funds.
Special rules for minors
The legislation separately prohibits replacing the leave of workers under the age of 18 with monetary compensation. This is due to the need to ensure full rest and development of minors. Previously, RBC-Ukraine has already written about the rules for employing teenagers: they have reduced working hours, special conditions of labor remuneration, and guarantees during the period of study. For example, 16–17-year-olds can work up to 36 hours a week during holidays, and 14–15-year-olds — up to 24 hours.
Contradictory data
Although legislation clearly regulates issues of leave and compensation, in practice, disagreements arise between employees and employers. Some companies try to convince employees that unused days "expire" or that compensation is possible only with a written application. At the same time, lawyers emphasize that such actions contradict the law. There are also cases where employers refuse to pay compensation upon termination, citing internal rules, which is illegal.
