Navigating Maternity Benefit Act Amendments: How Are Crèche Facilities Managed in Your Workplace?

Dear Members, understanding that the below mentioned are the amendments to the Maternity Benefit Act with respect to the crèche facility.

• Maternity Benefit Amendment Act makes it mandatory for every establishment having fifty or more employees to provide for a crèche facility.

• Women employees are to be allowed four visits a day to the crèche.

Would need your advice on the following aspects which must be prevalent in your current organizations or the one you would know of:

• The word ‘employee’ though not defined under section 3 of the Maternity Benefit Act, 1961 or even in the amended Act, should it be construed as total staff strength or women employees?

• What does “Establishment” as a term be considered — branch office or the company?

• Till what age of the child should the crèche facility be provided?

• In case we opt for crèches outside the office premises, what should be the distance and timing of this facility (considering help desk employees)?

• Would male employees also be able to bring their children to the crèche facility?

Your help would be highly appreciated.

Regards, Anushka Mathur

To my understanding, the term "establishment," as used in any labor law, should be construed both collectively as an entity and individually as a unit of that entity if located in different places as branches for the purpose of the particular benefit to be conferred under any beneficial law applicable.

It is correct that the term "employee" has not been defined under the MB Act, 1961. In my opinion, the necessity for the definition of the term does not arise. Firstly, with reference to the objective of the Act precisely and specifically spelled out in its preamble, and secondly, the applicability of the Act is not restricted to the number of employees or class of employees in respect of certain establishments specified under section 2(1)(a) as well as extended only to certain establishments where ten or more "persons" are/were employed under section 2(1)(b) of the MB Act, 1961 respectively. Therefore, the total number of employees in the establishment has to be taken into account for the purpose of applicability of the Act.

If we read the new section 11-A inserted by the Amending Act of 2017, we can infer having crèches outside the office premises in case of space constraints. For the answers to your other queries, I think we have to await the Rules to be framed in this regard.