Is it legal to terminate an employee's contract at their own request while they are on temporary sick leave?

The Southern Interregional Office of the State Labor Service clarifies whether it is legal to dismiss an employee at their own request during a temporary disability period.

Labor legislation clearly distinguishes between dismissal initiated by the employer and dismissal initiated by the employee.

In peacetime, according to part three of Article 40 of the Labor Code of Ukraine, it was not permissible to dismiss an employee at the employer's initiative during their temporary disability.

During the period of martial law, according to Article 5 of the Law of Ukraine dated March 15, 2022, No. 2136-IX "On the Organization of Labor Relations in Conditions of Martial Law," it is allowed to dismiss an employee at the employer's initiative during their temporary disability, specifying the dismissal date as the first working day following the end of the temporary disability indicated in the temporary disability document.

Moreover, dismissals during temporary disability for reasons unrelated to the employer's initiative, particularly at the employee's own request, are not prohibited by labor legislation either in peacetime or during martial law.

Thus, according to the requirements of Article 38 of the Labor Code of Ukraine, which regulates the procedure for terminating an employment contract at the employee's initiative, an employee has the right to terminate an indefinite employment contract by providing written notice to the employer two weeks in advance.

It is important to note that this provision of current legislation does not contain a prohibition on dismissing an employee during their temporary disability.

Therefore, dismissing an employee at their own request during a temporary disability is not prohibited by labor legislation, and consequently, the employer has the right to dismiss the employee at their request while they are on sick leave.

If the dismissal date falls during the employee's sick leave and the employee has not revoked their resignation request, the employer will dismiss the employee on the date specified in the resignation request or after the two-week notice period has expired.