The spread of coronavirus infection in the world has changed the lives of almost every country and its citizens. Ukraine is no exception. Responding to unprecedented threats, the state has urgently amended some legislative acts. Let's look at changes that have affected leaves without pay.
Main changes
Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine aimed at Preventing the Occurrence and Spread of Coronavirus Disease (COVID-19)” No. 530-IX of March 17, 2020 (hereinafter – Law No. 530) amended Art. 26 of the Law on Leave.
It should be reminded that prior to these amendments the mothers or other persons (the father of a child, grandmother, grandfather) could take leave without pay due to quarantine for care of a child under 14 during the quarantine period. The basis for this is item 31 of Art. 25 of the Law on Leave. Therefore, a limited number of employees – workers with children – could take such leave at their own discretion. Of course, if an employee falls under a certain privileged category of persons specified in Art. 25 of the law on Leave, he/she may, at own request, take a leave of absence without pay on other grounds. This applies, for example, to retired workers and disabled workers.
For all other employees Art. 26 of the Law on Leave provided for the possibility of going on leave without pay with the consent of the parties for a period stipulated by the agreement between the employee and the employer, but not more than 15 calendar days a year. That is, the period of such leave was limited - no more than 15 calendar days a year.
Law No. 530 has now made changes to Art. 84 of the Labor Code of Ukraine and Art. 26 of the Law on Leave. It stipulates that in the case of a quarantine being imposed by the Cabinet of Ministers in accordance with Law of Ukraine “On Protection of the Population from Infectious Diseases” No. 1645-III of April 16, 2000, the period of stay on leave without pay is not included in the general term established by Part 1 of Art. 26 of the Law on Leave.
Changes explained
These changes mean that any employee, by agreement of the parties, can take unpaid leave for the quarantine period set by the Cabinet of Ministers of Ukraine. In Ukraine, quarantine has been extended until April 24, 2020. The emergency situation mode is still in effect.
However, the days of such leave during quarantine (from March 12 to April 24, 2020) will not be counted in 15 calendar days leave without pay.
Later, after the quarantine, the employee will also be able to take a leave without pay for a period of 15 calendar days.
Warnings for employers and employees
Both employers and employees should take into account the two nuances of granting such leave.
First, the unpaid leave provided under Art. 26 of the Law on Leave is a leave by agreement of the parties. That is, if the employee does not agree go on leave, the employer has no right to force him/her.
Secondly, it should be noted that a sick leave that falls on a period of unpaid leave is not paid. This is stated in Art. 23 of the Law on Social Insurance and item 3.15 of the Instruction on the Procedure for Issuance of Documents certifying the Temporary Disability of Citizens, approved by Order of the Ministry of Health of Ukraine No. 455 of November 13, 2001.
The only exception is the sick leave issued in connection with pregnancy and childbirth. Such sick leave is paid in any case.
