To obtain maternity leave, parental leave, a freelancer will need to send the employer a corresponding application with supporting documents by mail. At the same time, the use of such leave is possible only if there is a formal employment contract.
Freelancers usually do not enter into employment contracts with employers, and the very nature of their activities often does not allow to prove the existence of an employment relationship. Nevertheless, in some cases, the relevant agreements are nevertheless concluded, which gives rise to the use of maternity leave, parental leave according to general rules. In this case, the specificity of issuing vacations will be the remote exchange of documentation, since the organization and the employee, as a rule, are located in different settlements. The legal regulation of such relations is based on a special chapter of the Labor Code of the Russian Federation, which establishes the features of the work of teleworkers.
How do I apply for a vacation?
In most cases, electronic communication channels are used to exchange documents between teleworkers and employers, through which only copies can be transmitted. However, when applying for maternity leave or parental leave, it will be necessary to send the original documents, since the organization uses them in cooperation with the social insurance authorities, which pay the corresponding benefits. That is why the employee must send the original application for the grant of leave and the originals of the documents attached to it (certificate of incapacity for work, medical certificate, documents on the birth of a child). For sending, regular mail is used, but the employee should send a certified letter with a return receipt to the employer.
What happens after the application is submitted?
After sending an application for a vacation to the company, the employee should wait for confirmation of its receipt by the employer. Then the head of the organization issues an order to send the employee on vacation from a certain date. The specified order, other necessary documents are also sent to the employee for review. For forwarding, regular mail or electronic communication channels can be used if there is an appropriate condition in the contract for remote work. After the issuance of the order, the employee is on vacation for a period specified by law. Consequently, maternity leave for freelancers is provided in a general manner, however, one should take into account the presence of some features of its registration and exchange of documents.
