Creche Facility Mandate: Key Guidelines and Benefits Under the Maternity Benefit Act, 2017

Created By : Anoop Kumar | Manager- Labour Law

A Workplace for Everyone: The Transformative Power of Creche Facilities

Empowering Mothers. Enriching Childhood. Elevating Workplaces.

When does a Creche become a necessity in any organization?

The Maternity Benefit Act includes a provision for crèche facilities as an empowerment initiative of working mothers to recognize their social role.

In 2017, the Ministry of Labour and Employment introduced a transformative amendment to the Maternity Benefit Act in India, which explains very eloquently that ‘every establishment having fifty or more employees shall have the facility of a crèche, whether such a facility is separate or part of other facilities.’

The Maternity Benefit (Amendment) Act is a key piece of legislation in India which aims at addressing the concerns of the working mothers. One of the most vital clauses in that legislation stipulates that ‘an employer must provide a crèche facility’. This provision not only creates a supportive environment for working mothers but also fosters the healthy development of children. on the does not only help the growth of women in any workforce but also helps the healthy growing of children.

Let's deep dive into this important aspect of this Act to understand how it can benefit all those who are involved.

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What is a Crèche Facility? 

A crèche is more than just childcare; it’s peace of mind.

A crèche is a child-care institution set up by an employer to offer childcare facility for working parents to leave their children under the care of trained persons while they are at work. Children, between the ages of 6 months and 6 years, are entitled to this facility. They provide a safe and nurturing environment where children can learn and grow; hence parents can work knowing their little ones are in safe hands.

Crèches aren’t just for permanent employees. As per the Maternity Benefit Act, it is proposed to broad base these facilities to include the children of casual workers, daily wagers, consultants, and contract employees.

Think about it:

How many parents could breathe easier knowing their employers care about their families?

Key Guidelines for establishing and operating Crèche facilities under the Maternity Benefit Act, 2017

1. Importance of location:
   The crèche can be established at the workplace or within a 500-meter radius from the workplace for ease of access to the working mothers.
    
2. Flexible timing:
   The crèche timings should be such that it suits a parent’s need. In case the establishment has day and night shifts, then the crèche should also be run in shifts - should be preferably open for 8 to 10 hours. In this case, the workers can also follow a shift system.
    
3. Safe and engaging infrastructure:
   1. Preferably at the ground floor to ensure safety of children.
   2. The centre should have concrete (pukka) structure as per CPWD norms.
   3. Must have a minimum space of 10 to 12 sq. ft. per child to ensure that children can play, rest, and learn. 
   4. The room should have proper light and should be well ventilated.
   5. There should be no unsafe places like open drains, deep and large pits, garbage bins etc. near the centre. 
   6. Must have a potable drinking water source with a water purifier installed. 
   7. Must have ramps and handrails for better accessibility. 
   8. There should be demarcated separate areas for different age groups – under 3 years and 3-6 years – for activities like sleeping, cleaning, eating, playing and breastfeeding.
   9. Employers are required to maintain high standards of hygiene, safety, and child development programs within the crèche.

Benefits of Crèche Facilities

Would you be more productive if you had reliable childcare at work?

1. Empowering Women in the Workforce:
   By providing crèche facilities, mothers no longer have to choose between career growth and childcare – they can focus on returning back to work at the earliest after childbirth.
    
2. Child Development:
   A well-structured crèche provides early learning and socialization opportunities for young children.
    
3. Increased Employee Retention:
   Parents feel valued and are more likely to stay loyal to companies offering family-friendly policies.
    
4. Promoting Gender Equality:
   Creche facility is one such provision that undoubtedly removes one of the significant barriers for women in the workplace, making the workplace more inclusive and gender neutral.

Organizational Barriers

There are some hurdles that employers might face while implementing this facility in their workplace:

• High costs involved: From setup to daily operations, crèche facilities demand significant resources. 
• Not enough land: Many businesses, especially in urban areas, struggle to find an appropriate location.
• Awareness gaps: This mandate is still not known to many employees as well as employers.

Do you think businesses should view crèche facilities as a cost or as an investment?

A Vision for the Future

Crèche facilities under Maternity Benefit Act aren’t just about compliance – they are a stepping stone towards a more equitable society by encouraging working mothers to return to their workplace. Organizations that soak up the benefit of this Act not just adhere to the compliance, but more importantly, gain a reputation for being socially responsible. Parents can thrive professionally while their children get to grow in safe and enriching environments.

Your Turn!

• Employers: How can you make your workplace more family-friendly?
• Parents: What would a crèche mean for your work-life balance?
• Everyone Else: How can you advocate for such policies?

Let’s work together to create spaces where both work and family can flourish. share your thoughts with us at info@akmglobal.in