Maternity Benefit Act Amendment | Crèche facility | Queries

Dear Members
Understanding that the below mentioned are the amendments to the Maternity Benefit Act with respect of 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,...
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Would need your advise on the following aspects which must be prevalent in your current organisations 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 the crèche facility should 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 can also bring their children to the crèche facility.
Your help would be highly appreciated
Regards,
Anushka Mathur

Dear Anushka,
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 spelt out in its preamble and secondly the applicability of the Act is not restricted to the no. of employees or class of employees in respect of certain establishments specified u/s 2(1)(a) as well as extended only to certain establishments where ten or more "persons" are/were employed u/s 2(1)(b) of the MB Act,1961 respectively. Therefore, the total no of employees in the establishment has to be taken into account for the purpose of applicablity of the Act.
If we read the new section 11-A inserted by the Amending Act of 2017, we can infer having creches outside the office premises in case of space-constraint. For the answers to your other queries, I think we have to await the Rules to be framed in this regard.