Subdistrict court: 'Compensate for pregnancy during all holidays'
Secondary school teachers who are on maternity leave during the spring break, autumn break or Christmas break should be compensated for their vacation days at a different time. The Subdistrict Court has ruled this in a lawsuit that was instituted by the AOb and the KVLO (the Royal Association of Physical Education Teachers).
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The provision that pregnant employees are compensated for the holidays during their leave already applied before the summer holidays.
“For the other holidays in secondary education, the rules were not always clear,” says lawyer Joost Aarts van de AOb. “In any case, our position is that there should be no distinction between compensation in the summer holidays and compensation in the other holidays. What should you base that distinction on? Furthermore, European case law shows that maternity and maternity leave cannot coincide with any holiday whatsoever. ”
The employer can still appeal, but for now we are satisfied
The Subdistrict Court ruled that, on balance, pregnant employees should not have less free time than their colleagues who are not on maternity or maternity leave.
On the basis of the decision of the Subdistrict Court, employees can ask their employer to compensate for pregnancy and maternity leave that coincides with a school holiday. “It is a decision of the subdistrict court,” warns Aarts. “So the employer can still appeal. But for the time being we are satisfied. ”
