Information about senior leave CAO Childcare

Questioner

I work as a pedagogical employee at a nursery school. As of January 1, 2014, we are now required to switch from the Welfare and Social Services sector/collective labor agreement to the Childcare sector/collective labor agreement. This also meant that we were forced to surrender many acquired rights. One of these is senior leave. I have now tried several times to get clarity about the transitional arrangement for this leave for me because according to my employer I will no longer be entitled to it, but in my opinion I will be eligible for it according to the collective labor agreement. I hope to get an answer here. I was born in 1957.

Lawyer

Where do you think this is stated in the collective labor agreement?

Questioner

Article 7.4 and 7.4a of the Childcare Collective Labor Agreement.

Lawyer

The senior scheme does not apply to you according to article 7.4.A. You did not make use of the senior scheme in accordance with the collective labour agreement for childcare on 30 April 2010 and you were not employed by an employer who fell under the collective labour agreement for childcare on 31 December 2005.

Questioner

No, but as a nursery school teacher I was covered by the collective labor agreement for Welfare and Social Services at that time. This sector was required to switch to the Childcare Collective Labor Agreement as of January 1, 2014. Does this also mean that I immediately lose this acquired right because I was indeed employed by the same employer on the dates you mentioned?

Lawyer

I believe that senior leave was abolished years ago in the CAO Welfare and Social Services. A transitional arrangement was agreed upon at the time. If you fall under that transitional arrangement, that arrangement still applies. There is no acquired right on the basis of which you would still be entitled to a senior citizen scheme even if you do not meet the transitional arrangement of the CAO Welfare and do not meet the conditions of the new CAO.