Regarding preservation of labor relations in case of temporary stay of the employee outside Ukraine
1) Issuance of leave without salary for the period of quarantine
According to Part 2 of Art. 26 of the Law of Ukraine "On Vacations" in case the Cabinet of Ministers of Ukraine establishes a quarantine in accordance with the Law of Ukraine "On protection of the population from infectious diseases" the period of being on leave without salary for the period of quarantine is not included in the general period established by the first part of this article, namely due to family circumstances and for other reasons, when the employee can be granted leave without salary for the period , stipulated by the agreement between the employee and the owner or by the body authorized by him, but not more than 15 calendar days per year.
2) Leave without pay for family reasons (no more than 15 calendar days per year)
3) Suspension of the employment contract by the employee
In the case of the end of the quarantine, in order to preserve labor relations, it is allowed to temporarily suspend the employment contract by the employee (Article 13 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" suspension of the labor contract is a temporary termination by the employer of providing the employee with a job and < em>temporary termination of work by the employee under the concluded employment contract. Suspension of the employment contract does not entail the termination of employment relations.
Regarding the issue of issuing an employee’s social leave, namely, leave due to pregnancy and childbirth
According to Art. 17 of the Law of Ukraine "On Leave" on the basis of a medical opinion, women are granted paid leave in connection with pregnancy and childbirth for the following duration: before childbirth - 70 calendar days; after childbirth - 56 calendar days (70 calendar days - in case of birth of two or more children and in case of complications of childbirth), starting from the day of childbirth.
According to the order of the Ministry of Health of Ukraine dated 04/22/2022, "Amendments to the Procedure for Forming Medical Opinions on Temporary Incapacity for Work in the Register of Medical Opinions in the Electronic Health Protection System and the Procedure for Issuing (Forming) Disability Certificates in the Electronic Register of Disability Certificates" were approved .
In clause 1 para. 1 stipulates that the formation of medical opinions under the category Pregnancy and childbirth for women (except for the cases provided for in clause 10 of paragraph 4 of the Procedure) for the period of martial law may be carried out by the attending physician who is provided with medical services from the management of pregnancy in outpatient settings without a personal examination of such women based on the results of remote interaction with them (in particular, through counseling, interviewing, exchanging information), using technical means of electronic communications, about which a corresponding entry is made in the Register of medical records, referral records and prescriptions in electronic health care system.
P. 10. During the period of martial law and within three months from the date of its termination or cancellation, a medical opinion with an established note on temporary incapacity that occurred abroad may be formed by a doctor on the basis of medical records entered by such a doctor in accordance with medical documents issued abroad (their copies), confirming temporary incapacity for work, by categories: "Illness or injury of a general nature", "Care of a sick child", Pregnancy and childbirth, "Orthopedic prosthetics". Medical documents or their copies can be sent by mail or provided to the doctor using technical means of electronic communications (e-mail, mobile applications, social networks, etc.).
Regarding the assignment of childbirth assistance to women who have a registered place of residence on the territory of Ukraine and gave birth to a child during a temporary stay outside Ukraine
According to Clause 10 of the Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Assigning and Paying State Assistance to Families with Children" No. 1751 of December 27, 2001:
For the appointment of assistance at the birth of a child, subject to presentation of a passport or other identity document, the following must be submitted:
1) a statement from one of the parents (guardian) with whom the child lives permanently, made according to the form approved by the Ministry of Social Policy;
2) a copy of the child's birth certificate (with presentation of the original).
Women who have a registered place of residence on the territory of Ukraine and have given birth to a child during a temporary stay outside of Ukraine, submit documents certifying the birth of a child issued by the competent authorities of the host country and legalized in accordance with the established procedure, if otherwise not stipulated by the international treaties of Ukraine.
Prepared by: O. V. Starchuk
