The right to rest is enshrined in the Constitution of Ukraine and includes annual paid leave, as well as other types of leave provided by legislation. However, with the introduction of martial law, the rules for granting leave have undergone significant changes. The Ministry of Justice of Ukraine has clarified who retains the right to leave, when it can be granted, and what restrictions apply under current conditions.

Who is entitled to leave

The right to leave applies to all employees in labor relations with enterprises, institutions, or organizations regardless of ownership form, type of activity, or industry. This right also applies to those working under an employment contract with an individual. It is not limited to Ukrainian citizens — foreigners and stateless persons also enjoy it.

When the right to leave arises

In the first year of work, the right to a full annual main leave arises after six months of continuous work at one enterprise. However, certain categories of employees may exercise this right earlier — for example, women before or immediately after maternity leave, minors, and those working in harmful or hazardous conditions.

Duration of leave

The minimum duration of the annual main leave is 24 calendar days for a worked year. For certain categories of employees, the law provides for longer leave: up to 30 days for minors, up to 42 days for workers in hazardous conditions, and up to 59 days for underground mining work (maximum 69 days).

Seasonal and temporary workers are granted leave proportional to the time worked. In addition to the main leave, legislation provides for annual additional leave — for work in hazardous conditions, for special nature of work, and in other cases determined by law.

Features during martial law

During martial law, the employer has the right to limit the duration of the annual main paid leave to 24 calendar days. If the law entitles the employee to more days, the unused part of the leave is transferred to the period after the termination or cancellation of martial law.

However, following the Constitutional Court ruling of May 19, 2026, employees under 18 years of age and persons with disabilities retain the right to the minimum duration of paid annual leave guaranteed by law even during martial law — that is, no less than 24 days, and in some cases — more.

When leave can be denied

An employer may deny any type of leave to an employee if they are engaged in work at critical infrastructure facilities, in the production of defense goods, or are performing a mobilization task. Exceptions are maternity leave and leave to care for a child up to three years of age — these must be granted.

Leave without pay

During martial law, an employer may grant leave without pay without the time limit prescribed by law. Its duration is determined by agreement between the parties. For employees who have left the country or obtained the status of internally displaced persons, the employer is obliged to grant such leave for the period indicated in the application, but no more than 90 calendar days. Also, due to family circumstances or other reasons, with the consent of both parties, leave without pay of up to 30 calendar days per year may be granted.

Employer obligations

Granting annual leave is an obligation of the employer. In peacetime, the law prohibits not granting an employee annual leave of full duration for two consecutive years. However, under martial law, this norm does not apply — the restriction on mandatory granting of full annual leave for two consecutive years is suspended for this period.

Leave for military personnel

The law guarantees military personnel the right to annual and several other types of leave. However, due to combat conditions, the command may change the timing of their granting. An unjustified refusal of leave may be appealed in the manner prescribed by law. Previously, RBK-Ukraine reported on how long a military person's leave can last and what additional leave military personnel can expect.