DON’T FORGET: The tax deadline is fast approaching. Contact us to get started on your return today.

You May Be Able to Donate Your Unused Employee Vacation, Sick, or Personal Leave to Ukrainian Relief

Article Highlights:

  • Forgoing Vacation, Sick, or Personal Leave in Exchange for Ukrainian Relief

  • Program Duration

  • Employee and Employer Tax Implications

  • IRS Notice 2022-28

There is a little-known disaster provision of the tax code that, where if an employer has adopted a leave-based donation program, the employees can forgo paid vacation, sick, or personal leave in exchange for their employer making equivalent cash payments to qualified charitable organizations. This does not necessarily mean the employee also forfeits the time off; it will not be paid time off to the extent it is converted to leave-based donation payments.

Employer leave-based donation payments made by an employer before January 1, 2023, to a qualified U.S. charitable organization to aid victims of the further Russian invasion of Ukraine will not be treated as gross income or wages (or compensation, as applicable) of the employees of the employer. Thus, the employee will not be taxed on the vacation, sick, or personal leave pay given up, but since it is not taxable the employee cannot also deduct it as a charitable contribution.

Employers can deduct the contribution and avoid the employer share of payroll taxes that would otherwise be due on paid employee vacation, sick, or personal leave. From the employee’s viewpoint, they also avoid their share of payroll taxes as well as the income taxes they would have had to pay on the forgone income.

This opens a tremendous opportunity for employees to be able to donate to Ukrainian relief efforts. Employees wishing to participate need to check with their employer to see if the employer is participating in this voluntary program. Employers wishing to participate can refer to IRS Notice 2022-28 or call this office for additional information.

Share this article...

Sign up for our newsletter.

Each month, we will send you a roundup of our latest blog content covering the tax tips & insights you need to know.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .

We care about the protection of your data.

Our Offices

Our expertise is widespread and we have multiple office locations to make it convenient for you to get help. You can find us at:

El Monte Office

9040 Telstar Ave., Suite 105
El Monte, CA 91731
(626) 782-8888

Alhambra Office

41 N Garfield Ave., Suite 205
Alhambra, CA 91801
(626) 282-7628

City of Industry Office

17800 Castleton St., Suite 180
City of Industry, CA 91748
(626) 330-0296

Rowland Hights Office

2508 Fullerton Rd
Rowland Hights, CA 91748
(626) 912-9636