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According to the third part of Art. 12 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" dated 15.03.2022 No. 2136-IX, during the period of martial law, the employer may, at the request of the employee regardless of his category or status, upon his application and upon agreement with the employer, provide he is on leave without salary without time limit established by the first part of Art. 26 of the Law of Ukraine "On Vacations", however, this is not mandatory for the employer to make a decision on granting it. The time spent on leave without salary on this basis is included in the length of service, which gives the right to annual basic leave in accordance with Clause 4 of the first part of Article 9 of the Law of Ukraine "On Vacations".

As for the granting of leave without pay to an employee who has left the territory of Ukraine or acquired the status of an internally displaced person, this type of leave without pay does not belong to the leave without pay provided to the employee in accordance with Art. . 25 and 26 of the Law of Ukraine "On Vacations".

Article 12 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" establishes that during the period of martial law, the employer, at the request of an employee who has left the territory of Ukraine or has acquired the status of an internally displaced person, shall obligatorily grant him a leave of absence wages for the duration specified in the application, but no more than 90 calendar days.

According to the comments of the Ministry of Economy to the aforementioned Law, which amended Art. 12 of Law No. 2136, the law did not limit the employee's ability to exercise his right to this vacation several times. At the same time, the Ministry of Economy believes that the total duration of vacations (parts), which the employee can request to be granted in accordance with this norm, cannot exceed 90 days during the martial law.