Does an employer have the right to refuse an employee to give a leave during martial law and in what cases?

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Yes, an employer has the right to refuse to grant an employee vacation during martial law in the following cases:

  1. Critical infrastructure: If the employee is involved in work at critical infrastructure facilities where his or her presence is urgent and necessary for the functioning of these facilities.
  2. Military needs: Under martial law, when an employee may be involved in tasks related to the defense of the country, the refusal to take leave may be justified by the need to ensure defense capability.
  3. Prohibition of vacations by law: In some cases, the law may establish special rules prohibiting or restricting leave during martial law, in particular for civil servants or security personnel.
  4. Unused annual leave days for the previous year.

Important! When refusing to grant leave, the employer is obliged to follow procedures and justified grounds, as well as to ensure the rights of other employees who do not directly affect critical processes

In addition, the following types of leave may not be limited or denied at the employee's request:

  1. Pregnancy and childbirth leave: This type of leave cannot be postponed or canceled, as it is directly related to the health and rights of women.
  2. Parental leave: Also not subject to refusal, as it is defined by law as mandatory.

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