Reduced KiTa time because of Elternzeit with newborn

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We have a newborn (6mo) and our older child (5,5yo) is going in kindergarten (public one), 9 hours per day. Both of us are working full time and I'm currently on parental leave.
We applied, in the same KiTa, for our LO and got refused although we already have our older there, they said it is a capacity issue and will be no free spots by that time. It is a shitty situation but we understand and we are already in process of finding place in another KiTa (probably in a private one).
However, few days ago, they asked us (from this public KiTa) to reduce time for our older child because I'm on parental leave (and they know that because we applied there for our LO). When we asked what about when I got back to work, will they give us our time back, they said that depends on capacity at that time. So, there are no guarantees. We have hard time to understand that having new baby will put our older kid in, so to say "unequal position" comparing to other kids regarding amount of time spending in KG and that these to things are connected. Shouldn't parental leave be related only to taking care of the newborn?
Now we are in really bad situation, which is preventing me to get back to work and could lose my job.  

My question is: are they allowed to reduce time for my older child because I'm on parental leave with my LO? And without obligation to restore it? It is a city (public) KiTa. They are forcing us to fill a form with reduced hours. Is there any law which would be applied on this situation and protect us?

TiA

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They tried to pull that one on us many years ago here in Berlin, but it was the Jugendamt, not the Kita itself.   A letter to the JA saying that we both parents are foreigners who do not speak German at home is a reason for the kids to receive a full Kita voucher and even the second one received a full voucher when he was one year old and my wife was still on Elternzeit.    Not sure in your situation how is the language thing.

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3 minutes ago, Krieg said:

They tried to pull that one on us many years ago here in Berlin, but it was the Jugendamt, not the Kita itself.   A letter to the JA saying that we both parents are foreigners who do not speak German at home is a reason for the kids to receive a full Kita voucher and even the second one received a full voucher when he was one year old and my wife was still on Elternzeit.    Not sure in your situation how is the language thing.

 

The same situation with us, both  foreigners who do not speak German at home.

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5 hours ago, barbarela said:

They are forcing us to fill a form with reduced hours.

 

I don't know if there is a law to protect you but in your shoes I would not be filling out a form with reduced hours because that means you are agreeing to it. 

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I can kind of see their side when you are at home and your child is in Kita for 9 hrs. a day. Don't sign anything until you negotiate full time again once you are back to work.

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