Ukrainian law does not set a single deadline by which an employee must submit a leave application. According to Articles 79 of the Labour Code of Ukraine (KZpP) and 10 of the Law of Ukraine ‘On Leaves’, there are no requirements to file it 7, 10 or 14 days in advance.
Leave under an approved schedule
The order in which annual leave is granted is set by a schedule that the employer approves and communicates to employees. The specific period of leave within that schedule is agreed between the employee and the employer.
If annual leave is provided in accordance with an agreed schedule, the employee is not obliged to submit a separate application, and the employer may issue an order granting the leave on the basis of the schedule.
The employer must notify the employee in writing of the start date of annual leave no later than two weeks before the date set in the schedule.
Procedure for applying for leave outside the schedule
If an employee wishes to take annual leave at a time other than that set out in the schedule, they must submit an application to the employer specifying the desired start date and duration. The law does not specify a particular deadline for submitting such an application.
Submitting an application does not guarantee automatic approval; the employer may refuse to grant leave outside the schedule if the employee does not belong to a category that has a legal right to take annual leave at a time convenient for them.
Leave during martial law and payment of leave pay
During martial law there are additional restrictions: according to Article 12 of Law No. 2136-IX, an employer may refuse to grant leave to an employee involved in work at critical infrastructure facilities, the production of defence goods, or the fulfilment of a mobilisation task. The law provides exceptions for certain types of social leave.
Wages for the period of leave are paid before its start, unless otherwise provided by law, an employment contract or a collective agreement, in accordance with Article 21 of the Law ‘On Leaves’.
