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The employer may refuse to grant the employee leave, but in cases where such leave is granted by agreement of the parties.

Article 12 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" provides that during the period of martial law, the employer may deny the employee any type of leave (except for pregnancy and childbirth leave and child care leave up to reaching three years of age), if such an employee is involved in the performance of work on critical infrastructure facilities.

All other employees, both in peacetime and during martial law, may be denied the granting of only those vacations, the granting of which is carried out by agreement between the employee and the employer.

So, for example, during the period of martial law, the employer, at the request of the employee, can grant him leave without salary without the limitation of the period established by the first part of Article 26 of the Law of Ukraine "On Leave" (15 calendar days). Accordingly, since such a leave without pay is granted by agreement between the employee and the employer, the employer may refuse the employee such leave (the agreement did not take place).