As per the Maternity Benefit Amendment Act, 2017, it is mandatory for organisations employing 50 or more persons to provide creche facility to its female employees.
What should be the timing to check the number of employees in the organisation?..as in my case when my first child was born (2022) the number of employees was more than 50 in my organisation and when second child is born (2024) its less than 50…
Thus can i claim creche for both the kids or only one…
Hello @Rachita ,
We have to read the Maternity Benefit Act and its further amendments together.
As per section 11 of the Act,
Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
Through the 2017 Amendment, Section 11A was included, that states,
Crèche facility.
(1) Every establishment having fifty or more employees shall have the facility of créche 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 creche 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.
Based on your organization’s current policy on maternity claims, you may claim the applicable benefits.
Regards,
Bhuvana Anand
Thank you Ma’am for your kind reply.
I was appointed in the organisation before the Maternity Benefit Amendment Act, 2017 was introduced. The organisation has not yet introduced this benefit in the current policy for maternity as per the Act.
What should be my further course of action?
Hi Rachita,
After the 2017 Amendment, if the organization comes within the ambit of section 11A (1) i.e. Establishment having fifty or more employees, they will be obligated to provide the Creche facility.
If not coming within this threshold, they have to provide all the other applicable maternity benefits.
You can place your request with the organization to provide you with the other entitled benefits.
In case there is no Creche facility,
Section 5 (5) may be helpful i.e.
In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.
Regards,
Bhuvana Anand
Thank you so much Ma’am.