Sr. Hr Executive
Depak Kundu
+2 Others

Dear All,

Extract of the maternity benefit Act 2017 is appended.


NO. 6 OF 2017

4. In the principal Act, after section 11, the following section shall be inserted, namely:—

‘‘11A. (1) Every establishment having fifty or more employees shall have the

facility of créche within such distance as may be prescribed, either separately or along

with common facilities :

Provided that the employer shall allow four visits a day to the creche by the

woman, which shall also include the interval for rest allowed to her.

(2) Every establishment shall intimate in writing and electronically to every

woman at the time of her initial appointment regarding every benefit available under

the Act.’’

The Act stipulated that creche should be provided in case of establishment having fifty or more employees.

I need a clarification on the aspect of gender of the employees--50 female employees or a mix of males and females.

Is it mandatory in case employees are predominantly male with very few female employees ?

As per the notification, the facility is to be provided irrespective of gender.In case all employees are male than ,is the facility still to be provided ?

May I have your learned views please.

Col.Suresh Rathi
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The word ‘employee’ though not defined under section 3 of the Maternity Benefit Act, 1961 or even in the amended Act, but it would be construed as ‘woman employee’. In this context it is pertinent to refer to section 48 of the Factories Act, 1948 inter alia providing as under :
48. Creches.- (1) In every factory wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children…
Also, you still have time till 1st of July'2017 to implement creache benefits for the employees.
Even though organisation have all male employees, creche room is mandatory as per factories act 1948 , under section 48.
in such kind of exceptional case follow the factories act and fulfil the requirement as per sect 48 as it is mandatory for all organisations
As per the amendment if your establishment have 50 employees,all male, you have to maintain crèche from 1.7.2017.It is a blunder made by govt.
Can someone help me understand how to implement creche in office. And operational aspects of it? like who should bear the cost and should it be shared by employees and in how much proportion?
- Goutami
There are lot of ambiguity in the act. It says applicable to establishment having 50 or more employees does it mean if establishment have employees at different locations totaling to more than 50 the crèche facility will be provided at all the locations ???? Also if there is no nursing mother then also Company have to provide the facility. Further the act doesn't provide till what age the crèche facility should be provided. Is it till the time kid starts going to proper school??
Further what should be the distance/timing of this facility and who will bear the cost. Are male employees allowed to bring their kids to crèche as its the responsibility of both the parents to take care of the child. Please of somebody can thorw light on these concerns.
These details will be known only after the appropriate Governments make the rules under the Act.
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