New changes to the Labor Code and the Vacation Law

On May 9, 2021, Law No. 1401 came into force, amending the Labor Code and the Law of Ukraine "On Vacations". This law granted equal rights to both parents of a minor child, and introduced a new type of leave. Read on for details.

Reduced working hours

The Labor Code specifies three types of working hours:

• normal working hours (40 hours per week);
• non-working hours (non-working day or non-working day);
• of a fast-paced work hour.

When hiring an employee, the employee and the employer may agree to establish part-time work or a part-time week. Such an agreement can also be reached later. In case of part-time work, the salary is calculated in proportion to the hours worked. In other words, in this situation, the employee is subject to the normal working hours, but by agreement with the employer, the employee works less time, so his or her earnings are reduced.

Unlike part-time employees, employees who are legally entitled to a reduced working day and use this benefit do not receive a proportionally reduced salary for the hours worked, but rather a full salary. That is, such employees should receive the same salary as employees who work 40 hours per week.
The following categories of employees were entitled to reduced working hours until May 9, 2021:

• persons aged 16 to 18–36 hours per week;
• persons aged 15 to 16, as well as students aged 14 to 15 who work during vacations - 24 hours a week;
• students who work in their free time during the school year - no more than half of the time provided for persons of the corresponding age (15-16 years old - 12 hours per week, 16-18 years old - 18 hours per week);
• for workers engaged in work with hazardous working conditions - 36 hours per week.

Women who have a child with a disability or a child under the age of 14 - reduced hours are set by agreement with the employer at the expense of the company. In other words, the establishment of reduced hours for this category of employees is not mandatory.

After May 9, in addition to the categories of employees defined earlier, it is also possible to establish reduced working hours:

• not only for women, but also for men who have a child with a disability or a child under the age of 14;
• single mothers and single fathers raising a child without a father or mother;
• to the father if the child's mother is undergoing treatment in a hospital for a long time.

For the new categories of employees, there is no standard for reduced working hours, meaning that the length of the working week is set individually by agreement between the employee and the employer. At the same time, the amount of salary cannot be reduced. It is also not the employer's responsibility to establish reduced working hours.

Maternity leave

Until May 9, 2021, maternity leave included two types of leave:

• maternity leave (126 or 140 calendar days) - granted only to women;
• parental leave (up to three or six years) - granted to one of the child's parents, more often to a woman.

After May 9, the list of so-called maternity leaves was expanded, and now the right to leave can be exercised:

• maternity leave is still only available to women;
• parental leave - granted to one of the parents, and the child's relatives (grandparents) can also exercise this right.
• If a person on parental leave decides to end such leave early, he or she must notify the employer of his or her intention 10 days in advance. Previously, there was no such provision;
• maternity leave (a new type of leave) - for 14 calendar days, paid by the employer.

Parental leave may be taken within three months of the child's birth. Such leave is granted to the husband whose wife gave birth;
the child's father, who is not married to the child's mother, but who are connected by a common household, live together and have equal rights and obligations in relation to the child;
an adult relative of the child (grandparent, brother, sister, etc.) who actually cares for the child whose mother or father is a single mother or father.

To take parental leave, an employee must submit an application, and the employer has no right to refuse to grant such leave. In addition to the application, the employee must provide a copy of the child's birth certificate within 30 calendar days from the date of taking such leave.