Unpaid Leave in Ukraine: Who Is Entitled, How Many Days and a Template Application

Unpaid leave is time off during which the employee does not work but keeps their job. In some cases the employer must grant it, in others it may agree or refuse, and special rules apply under martial law. Below are the rules of the Law of Ukraine “On Leave”, the Labour Code of Ukraine and the Law of Ukraine “On the Organisation of Labour Relations under Martial Law” as of 27 October 2026, and a template application.

Two types of unpaid leave

The Law “On Leave” provides for two types of such leave (item 5 of part 1 of Article 4):

• mandatory – the employer grants it at the employee’s request in the cases listed in Article 25 of the Law (part 1 of Article 84 of the Labour Code);
• by agreement of the parties – for family reasons and other reasons, for a period agreed between the employee and the employer (Article 26 of the Law, part 2 of Article 84 of the Labour Code).

When the employer must grant leave

Under Article 25 of the Law “On Leave”, unpaid leave is granted on a mandatory basis, in particular:

• to a mother, or a father raising children without a mother, who has two or more children under 15 or a child with a disability – up to 14 calendar days every year (item 1);
• to a husband whose wife is on postnatal leave – up to 14 calendar days (item 2);
• to care for a child who needs home care – for the period stated in the medical report, but no longer than until the child turns 6; in the case of serious illnesses specified by law – until 16; for a child with a subgroup A disability and in certain other cases – until 18 (item 3);
• to participants in the war and family members of deceased war veterans and of deceased Defenders of Ukraine – up to 14 calendar days every year; to persons with special services to the Motherland – up to 21 calendar days every year (item 4);
• to old-age pensioners and persons with group III disabilities – up to 30 calendar days every year (item 6);
• to persons with group I and II disabilities – up to 60 calendar days every year (item 7);
• to persons getting married – up to 10 calendar days (item 8);
• on the death of a spouse, parent, child, brother or sister – up to 7 calendar days, of other relatives – up to 3 calendar days, excluding travel time to the place of burial and back (item 9);
• to care for a sick relative who, according to a medical institution’s report, needs constant care – for the period stated in the report, but no more than 30 calendar days (item 10);
• to employees working a second job – until the end of their leave at the main place of work (item 14);
• to labour veterans – up to 14 calendar days every year (item 15);
• to employees whose children under 18 are enrolling in educational institutions in another locality – 12 calendar days, separately for accompanying each child (item 17);
• to employees who have returned to work after discharge from military service due to the end of the special period or the announcement of demobilisation – up to 60 calendar days (item 20).

The full list (20 items, including leave for entrance exams, for completing spa treatment and for members of voluntary fire brigades) is in Article 25 of the Law. It is advisable to confirm the ground with a document – a certificate, a medical report, an ID card, etc.

Leave by agreement of the parties: up to 30 days a year

• For family and other reasons, leave is granted for a period agreed between the employee and the employer – no more than 30 calendar days a year (part 1 of Article 26 of the Law “On Leave”, part 2 of Article 84 of the Labour Code).
• During a threat of an epidemic or pandemic, the need for self-isolation, a threat of armed aggression against Ukraine or an emergency, the employer may, at the employee’s request, grant such leave without the 30-day limit; its length is agreed by the parties (part 3 of Article 26 of the Law, part 4 of Article 84 of the Labour Code).
• As this is leave by agreement, the employer may refuse.

What changes under martial law

The Law “On the Organisation of Labour Relations under Martial Law” (Article 12) applies while martial law is in effect; as of 27 October 2026, it is in effect.

• No 30-day limit. At the employee’s request, the employer may grant unpaid leave without the limit set in part 1 of Article 26 of the Law “On Leave” (part 3 of Article 12).
• Mandatory – up to 90 days. An employee who has left Ukraine or has obtained the status of an internally displaced person is entitled, on application, to such leave for the period stated in the application, but no more than 90 calendar days; the employer must grant it (part 4 of Article 12).
• Right to refuse. The employer may refuse any leave (except maternity leave and childcare leave until the child turns 3) to an employee engaged in work at critical infrastructure facilities, in the production of defence goods or in performing a mobilisation task (order) (part 2 of Article 12).
• Other leave may become unpaid. Any leave beyond the 24-calendar-day annual basic leave (except maternity leave, childcare leave until the child turns 3 and adoption leave) may, by decision of the employer, be granted without pay (paragraph 3 of part 1 of Article 12).

Does unpaid leave count towards service for annual leave?

• Mandatory leave under Article 25 counts (item 4 of part 1 of Article 9 of the Law “On Leave”), except leave to care for a child until the age of 6 (or 16 or 18 in the cases specified by law).
• Leave by agreement of the parties (parts 1 and 3 of Article 26) does not count (part 4 of Article 26 of the Law, part 5 of Article 84 of the Labour Code).
• Leave under parts 3 and 4 of Article 12 of the martial law labour relations law does not count either.

How to apply

• The employee submits a written application stating the type of leave and the ground (an item of Article 25 or Article 26 of the Law “On Leave”, or part 3 or 4 of Article 12 of the martial law labour relations law), its length and dates.
• An application for mandatory leave is accompanied by a document confirming the ground.
• For leave by agreement of the parties, the period is agreed with the employer.
• The employer’s decision is documented internally – usually by an order (instruction).

Template application

Square brackets show the details you fill in.

• Heading: To the head of [employer’s name] [full name]; from [position, employee’s full name]
• Title: APPLICATION
• Text – mandatory leave: “I request unpaid leave of [__] calendar days from [date] to [date] under item [__] of part 1 of Article 25 of the Law of Ukraine “On Leave” due to [ground].”
• Text – by agreement of the parties: “I request unpaid leave for family reasons of [__] calendar days from [date] to [date] under Article 26 of the Law of Ukraine “On Leave”.”
• Text – martial law (internally displaced person or departure abroad): “I request unpaid leave of [__] calendar days from [date] to [date] under part 4 of Article 12 of the Law of Ukraine “On the Organisation of Labour Relations under Martial Law” due to [departure from Ukraine / obtaining the status of an internally displaced person].”
• Attachments: [document confirming the ground].
• Date and signature.

Common questions when applying

• Can mandatory leave be refused? In the cases under Article 25, leave is granted “on a mandatory basis”. The exception under martial law is employees listed in part 2 of Article 12 of the martial law labour relations law (critical infrastructure, defence production, mobilisation tasks).
• Do the limits add up? The 30-days-a-year limit applies to leave by agreement of the parties (part 1 of Article 26). The length of mandatory leave is set separately in each item of Article 25.

Frequently asked questions

How many days of unpaid leave can I take in a year?

By agreement with the employer – up to 30 calendar days a year (part 1 of Article 26 of the Law “On Leave”); under martial law – without this limit, if the employer agrees (part 3 of Article 12 of the martial law labour relations law). Mandatory leave under Article 25 has its own periods.

Can the employer refuse?

Leave by agreement of the parties – yes. Mandatory leave (Article 25) and the 90-day leave for internally displaced persons and those who have left Ukraine (part 4 of Article 12) – no, except for employees listed in part 2 of Article 12 of the martial law labour relations law.

Does this leave count towards service?

Mandatory leave (Article 25) – yes, except childcare leave. Leave by agreement of the parties and leave under the martial law labour relations law – no (part 4 of Article 26 of the Law “On Leave”, parts 3–4 of Article 12 of the martial law labour relations law).

This article is for information only and reflects the law as of 27 October 2026. It does not replace advice on your specific situation.

Has your employer refused leave or processed it improperly? A lawyer will check your entitlement, prepare an application or a response to the employer and protect you in an employment dispute → Leave and working time · Employment disputes and unlawful dismissal · Employment law and HR. On additional paid leave for parents, see our article on additional leave for parents.