Mères qui Travaillent - Ukraine

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 18.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 18 month(s) of life of the child
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? Paid
What is the total duration of parental leave? 1095 days
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? Yes

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

The maternity leave is granted on presenting a medical certificate. The total length of maternity leave is 126 calendar days, i.e., 18 weeks of which 10 weeks are given as antenatal while remaining 8 weeks are given as postnatal leave. The post natal leave is increased to 10 weeks/70 calendar days in the case of complicated delivery or on the birth of two or more children. The cumulative duration of maternity leave is 126 or 140 calendar days and is given in full regardless of the number of days actually used before childbirth. 

Law of Ukraine ‘About status and social protection of victims of the Chernobyl disaster’ increases the duration of both antenatal and postnatal maternity leaves to 90 calendar days (180 calendar days in total).

Sources: §179 of the Labour Code; §30 of the Law of Ukraine ‘About status and social protection of victims of the Chernobyl disaster’ 28.02.1991 № 796-XII; §17 of the Law of Ukraine ‘About leaves’ 15.11.1996 № 504/96-ВР

Ukrainian legislation protects pregnant women from loss of income by providing the maternity allowance. It is provided to the insured person in the amount of 100% of the average earnings, calculated by the Resolution of the Cabinet of Ministers of Ukraine 26.09.2001 № 1266. The upper limit of monthly sum of the insurance maternity allowance must not be more, than maximum value of base of charging single fee for compulsory state social insurance. Minimum maternity allowance is equal to minimum wage. The insurance maternity allowance is paid during the whole period of the maternity leave.

The insurance maternity allowance will be calculated on the basis of accrued wages per month but no more than double minimum wage and no less than minimum wage per month, if women’s length of insurance is less than 6 month.

Women, who are not insured in the system of compulsory state social insurance, have a right to get state maternity allowance. It is paid for the whole period of the maternity leave. The state maternity allowance is granted at the rate of 100% of average monthly income (scholarships, cash security, unemployment benefit, etc.), but not less than 25% of the living wage for employable persons per month. The state maternity allowance is provided if women apply for it within six months of the end of maternity leave. This order is given in detail by the Resolution of the Cabinet of Ministers of Ukraine 27.12.2001 № 1751.

Sources: §3, 7-9 of the Law of Ukraine ‘About state assistance to families with children’ 21.11.1992 № 2811-XII; §19-20, 25-26 of the Law of Ukraine ‘About compulsory state social insurance’ 23.09.1999 № 1105-XIV; §7-8 of the Law of Ukraine ‘About State Budget of Ukraine for 2016’ 25.12.2015 № 928-VIII; §1 of the Law of Ukraine ‘About charge and accounting of a single fee for compulsory state social insurance’ 08.07.2010 № 2464-VI; Resolution of the Cabinet of Ministers of Ukraine 27.12.2001 № 1751; Resolution of the Cabinet of Ministers of Ukraine 26.09.2001 № 1266

More about parental leave:

The parental leave is available for workers with children up to the age of three years. The parental leave may be provided for up to the maximum of 6 years if a child requires a longer permanent care based on medical conclusions. The parental leave is also available for guardians, adoptive parents, grandmother, grandfather or other relatives who actually takes care of a child. These categories of employees may work part-time or work from home during parental leave. The company may provide such workers with partially paid or unpaid parental leave of a longer duration.

According to the Law of Ukraine ‘About state assistance to families with children’, one of the parents constantly living with the child has a right to get childbirth allowance. In the case of birth of two or more children, assistance is provided for each child individually. The rate of childbirth allowance is 41,280 UAH (fixed sum). First part of this allowance (10,320 UAH) is paid as lump sum while the remaining amount is paid in 36 months by equal installments.

Worker must apply to the labor and social protection of the population authority on place of abode not later than 12 months from the date of birth of the child to receive allowance. More details can found in the Resolution of the Cabinet of Ministers of Ukraine 27.12.2001 № 1751.

Sources: §179 of the Labour Code; §18 of the Law of Ukraine ‘About leaves’ 15.11.1996 № 504/96-ВР; §3, 10-12 of the Law of Ukraine ‘About state assistance to families with children’ 21.11.1992 № 2811-XII; Resolution of the Cabinet of Ministers of Ukraine 27.12.2001 № 1751