Creche Facility Under Maternity Benefit Amendment Act, 2017 - CiteHR
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Hi
I have few queries regarding Creche clause under Maternity Benefit Act. My Company has 3 Offices across India, only 1 premises have more than 50 Employees - Do I need to tie up with a creche for all offices or it is ok with the more than 50 Emp office only.
Also please let me know is it mandatory by law to have a tie up with a creche? and how far creche can be from office?
Please help.

Hi careercruise,
Creche tie-up is needed only one office which has women employees more than 50. (this is a big headache for companies now a days)
You can also reduce the number of women employees by transferring them on paper to other locations (at least 10 women employees) to evade this clause.

Thanks, But I have read that total employee strength should be 50 or more not only female strength ...
Hi careercruise,
women strength should be more than 50 and not the total strength else local restaurant with more than 50 waiters will have to have creche☺☺☺.

All points taken from your LINK....
Section 11A of the Maternity Act safeguards the intent of Section 48 of the Factories Act, 1948, which requires factories with more than 30 female workers to have a creche. Therefore, even if a factory has less than 50 employees but has at least 30 females, such factory will be under the obligation to have a creche under the Factories Act, 1948. Further, if Section 11A of the Maternity Act had been framed to be applicable on establishments with 50 or more female employees, then, Section 48 of the Factories Act, 1948, would have lost its effect as factories having more than 30 women workers but less than 50 women workers would have done away with the compliance of having a creche. - why only women and not men everywhere?
The proviso of Section 11A states that employer shall allow 4 visits a day to the creche by the woman employee - why only women and not men when you say 50 employees?

Hi,
The Principal Act i.e. Maternity Benefit Act- 1961 states as per the section 2:-
2. Application of Act. -- (1) It applies in the first instance, to every establishment being a
factory, mine or plantation 4[including any such establishment belonging to Government
and to every establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances]:
Provided that the State Government may, with the approval of the Central Government,
after giving not less than two months’ notice of its intention of so doing, by notification In the official on In the official Gazette, declare that all or any of the provisions of this
Act shall apply also to any other establishment or class of establishments, industrial,
commercial, agricultural or otherwise.
However, as per the Maternity Benefit Amendment Act, 2017 following has been introduced about the Crèche as per the point 4:-
In the principal Act, after section 11, the following section has been inserted, namely:
“ 11 A. (1) Every Establishment having Fifty or more employees shall have the facility of crèche within such distance as may be prescribed, either separately or along with the common facilities:
Provided that the employer shall allow four visits a day to the crèche 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”.
My question to everyone is that the creche facility applicable as per the amendment to Principal Act of MBA 1961, which was done in 2017 is applicable to all companies having more than 50 employees or only these companies which are specified under the MBA 1961:-
Every establishment being a factory, mine or plantation or circus [including any such establishment belonging to Government
and to every establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances]
Please clarify.
Regards,

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