Can an employer refuse to grant leave?

Yes, an employer may refuse to grant a vacation in certain cases. Under Ukrainian law, vacations are divided into those that are mandatory and those that are granted by agreement of the parties.

Cases when an employer may refuse to grant a vacation:

• Unpaid leave by agreement of the parties: If an employee requests such a leave, the employer has the right to refuse, as its granting depends on mutual agreement.
• Annual leave outside the schedule: If an employee wishes to take annual leave during a period not covered by the approved vacation schedule, the employer may refuse to grant it.
• Period of martial law: During martial law, an employer may refuse to grant any type of leave (except for maternity leave and parental leave for a child under the age of three) if the employee is involved in work on critical infrastructure.

Cases when the employer cannot refuse to grant leave:

• Mandatory vacations: Leaves stipulated by law as mandatory, such as annual leave within the timeframe established by the schedule, educational, creative, for participation in competitions, for employees with children, etc.
• Leave without pay for vulnerable categories: Cases stipulated by Article 25 of the Law of Ukraine “On Vacations”, when the employer is obliged to provide unpaid leave at the request of the employee.