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Clarification for Creche facilities- Maternity Amendment Act 2017
05-Apr-2023 (In Labour & Service Law)
I have a query with regards to the Maternity Amendment Act 2017. It states that all establishments with 50 employees or more should provide creche facilities within a prescribed distance. What exactly is the prescribed distance ? Who decides that ? In addition, does the establishment need to set up a creche, or can the employee choose a creche facility within a prescribed distance and ask the employer to bear the charges ?
As per section 11A of Maternity Benefits (Amendment) Act, 2017, the employer is responsible to set up a creche facility near the establishment either separately or along with the common facilities. The prescribed distance is subjective term which is not properly mentioned in the Act itself, thus, after interpreting the said statute, the prescribed distance means, the creche facility should be in the vicinity of the establishment, i.e, where the women/mother is able to make 4 visits per day including the rest period. Also, it is not mentioned as to whether employer should set up a creche or bear the charges of the creche facility. This amendment has prescribed the availing of the said facility to the mothers in the workplace. Thus, the employer may either set up a creche or bear the charges of the creche facility nearby his establishment.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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