Understanding Creche Requirements: Does the Maternity Benefit Act Apply to Male-Dominated Workplaces?

Dear All,

Extract of the Maternity Benefit Act 2017

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017

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 crèche 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 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.’

The Act stipulates that a crèche should be provided in establishments having fifty or more employees.

Clarification on Employee Gender Requirement

I need clarification on the aspect of the gender of the employees—whether it requires 50 female employees or a mix of males and females.

Is it mandatory if 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, is the facility still to be provided?

May I have your learned views, please?

Regards, Col. Suresh Rathi

The word ‘employee,’ though not defined under section 3 of the Maternity Benefit Act, 1961, or even in the amended Act, would be construed as ‘woman employee.’ In this context, it is pertinent to refer to section 48 of the Factories Act, 1948, which inter alia provides as follows:

Creches

(1) In every factory where 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 until the 1st of July 2017 to implement creche benefits for the employees.

Even though organizations have all male employees, a creche room is mandatory as per the Factories Act, 1948, under section 48. In such exceptional cases, organizations must follow the Factories Act and fulfill the requirements as per section 48, as it is mandatory for all organizations.

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.

Hi,

Can someone help me understand how to implement a creche in the office and the operational aspects of it? For example, who should bear the cost, and should it be shared by employees, and in what proportion?

- Goutami

There is a lot of ambiguity in the act. It states that it is applicable to establishments having 50 or more employees. Does this mean if an establishment has employees at different locations totaling more than 50, the crèche facility must be provided at all locations? Also, if there is no nursing mother, does the company still have to provide the facility? Further, the act doesn't specify until what age the crèche facility should be provided. Is it until the child starts attending 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 the crèche, as it is the responsibility of both parents to take care of the child? Please, if somebody can throw light on these concerns.

These details will be known only after the appropriate governments make the rules under the Act.