Should a company grant an employee "Chernobyl" leave during a state of war?

The Southeast Interregional Office of the State Labor Service has clarified whether a company is required to grant paid leave to individuals affected by the Chernobyl disaster during a state of martial law.

According to paragraph 22 of Article 20 of the Law "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster," individuals classified as Category 1 are entitled to state-guaranteed compensation and benefits, which include the provision of annual leave at a time that is convenient for them, as well as an additional paid leave of up to 14 working days per year.

At the same time, Article 12 of the Law "On the Organization of Labor Relations in Conditions of Martial Law" states that during the period of martial law, the provision of any type of leave to an employee (except for maternity leave, leave for child care until the child reaches three years of age, and leave for adoption) beyond the annual basic leave specified in the first paragraph of this section may be granted at the employer's discretion without retaining salary. The unused days of such leave are postponed to the period after the termination or cancellation of martial law. At the employer's discretion, unused days of such leave may be provided without retaining salary.

The limitation on the duration of annual leave and the provision of any type of leave is not an obligation, since the law does not require such limitation but only allows for the possibility of it.

Considering that this additional leave does not carry over to the next year and that no monetary compensation is provided for unused days of such leave, it would be advisable to grant this leave with retained salary during the period of martial law in the event of termination.