Berlin Daycares: Increased Closing Days Require Parental Consent
Berlin, June 8 – While Berlin daycares are permitted to have up to 27 closing days per year, an automatic extension of these closing times is not allowed without the explicit consent of parents. This clarification was issued by the Senate Department for Education, Youth and Family, as reported by the “Tagesspiegel.” The decision brings legal certainty for many parents who were previously unsure about the validity of new regulations.
Clarification Follows Parliamentary Inquiry
The Senate’s statement comes in response to a parliamentary inquiry from Green Party representative Marianne Burkert-Eulitz. According to the “Tagesspiegel,” Youth State Secretary Falko Liecke (CDU) emphasized in his response that the 27 days represent only an upper limit. Existing contracts with a lower number of closing days will remain valid, and any changes can only be made with the agreement of both contractual parties.
Uncertainty Regarding New Regulations
Since an agreement between the Senate, trade unions, and daycare providers in 2024, there has been widespread uncertainty about whether the extension of closing days would automatically apply. This agreement had also decided to increase the maximum number of closing days from 25 to 27, alongside smaller crèche groups. Some providers had given families the impression that the new regulations would automatically become part of existing care contracts.
Parental Committee Welcomes Clarification
Sabrina Simmons, chairwoman of the State Parents’ Committee for Daycares (LEAK), welcomed the clarification. “Now parents know that an increase to 27 days with valid contracts for a maximum of 25 days is simply not possible,” she stated. The Senate’s response also addresses potential consequences for parents who do not wish to agree to a contract amendment. A daycare provider cannot terminate a care contract simply because parents refuse additional closing days, as a lack of consent to a contract amendment does not constitute a valid reason for termination.
Need for Transparency and Parental Involvement
The Senate Department also highlighted that closing times are necessary for further training, team days, and the development of pedagogical concepts. However, it acknowledged that additional closing days can be a burden, especially for working parents, single parents, and families with inflexible working hours. Despite this, there have been few complaints from parent representatives who felt insufficiently involved in the planning of closing times. Nevertheless, education expert Burkert-Eulitz is calling for greater transparency. “Whoever extends closing days must ensure genuine parental co-determination,” she asserted.
Source: https://www.morgenpost.de/berlin/article412217306/senat-stellt-klar-mehr-kita-schliesstage-nur-mit-zustimmung-der-eltern-moeglich.html
