Labor law: changes to the rules on dismissal, absenteeism, and absence from work — what is considered a “valid reason” for absence

2025 proved to be a pivotal year for Ukraine’s labor legislation. The changes affected the rules for dismissal, procedures for recording absenteeism, and the definition of “valid reasons” for absence. The focus is on lawmakers’ efforts to finally clearly define the limits of employee and employer responsibility, as well as to reduce the number of lawsuits that have arisen over the years due to unclear regulations.

How absenteeism is currently defined

The current Labor Code defines absenteeism in Article 40, Part 1, Clause 4: it is the absence of an employee from work for more than three hours during the working day without valid reasons. These three hours may be continuous or cumulative. Judicial practice has clarified:

• if an employee is absent for one hour in the morning, one hour in the afternoon, and one hour in the evening, this also constitutes absenteeism;
• lunch breaks are not counted, but they do not interrupt the calculation;
• the burden of proving that the reasons are insignificant lies with the employer.

At the same time, the key nuance remains the difference between “absence from work” and “absence from the workplace.” If an employee is on the premises of the enterprise, it is not considered absenteeism. The court recognizes this only as a violation of discipline. That is why employers are advised to specify the workplace in documents — down to the office or workshop number.

What does the new draft law No. 14235 propose?

In November 2025, Bill No. 14235 was submitted to the Verkhovna Rada, proposing to define absenteeism in law for the first time and to create an official list of valid reasons for absence.

The essence of the initiative is to:

• clearly establish that absenteeism is defined as an employee’s absence without valid reasons for more than three hours (continuously or cumulatively);
• prohibit dismissal until the employer has investigated the reasons and assessed their validity;
• for the first time at the legislative level, approve a list of valid reasons, including: natural disasters, accidents, military actions, air raid alerts, performance of public duties, care for a sick family member, permission from a manager to be absent, temporary incapacity for work, etc.

Lawyers propose expanding the list by adding reasons already recognized by the Supreme Court: illegal transfer, refusal to perform dangerous work, refusal to perform work not specified in the contract, restrictions due to curfew, lack of notification of cancellation of remote work or downtime.

Special rules of martial law

The year 2025 brought new rules that are particularly relevant in wartime:

• the possibility of dismissing an employee if it is impossible to establish contact with them for more than six months;
• dismissal due to the absence of an employee for more than four months, if the employer had no information about the reasons;
• the possibility of terminating employment relations in the absence of access to property or means of production, due to which it is impossible for the employee to perform their work.

New deadlines for submitting information to the tax authorities (from 2026)

From January 1, 2026, the reporting procedure will change:

• Legal entities shall submit data on hiring and dismissal of employees within 20 days after the reporting month;
• Individual entrepreneurs — within 40 days after the quarter.

The year 2025 was a turning point in labor law. It brought systemic changes aimed at clarifying procedures, protecting employees, and reducing legal conflicts. For the first time, it was proposed to legally define absenteeism and officially establish valid reasons for absence, which should reduce the number of legal disputes and increase legal certainty for all parties to labor relations.