I am a woman employee and my employer does not have a crèche facility though we have 60 employees. Is the company violating the law?

Detailed Legal Analysis

Under Section 11A of the Maternity Benefit (Amendment) Act 2017, every establishment having 50 or more employees is required to provide and maintain a crèche facility within a prescribed distance from the establishment or in the establishment itself. Since your company has 60 employees, it is legally obligated to provide a crèche facility.

Women employees are entitled to visit the crèche four times a day, including during their lunch break, as per the amendment. Non-compliance with this provision is a punishable offense under Section 21 of the Maternity Benefit Act, which provides for imprisonment up to one year and fine up to Rs 5,000 for the first offense.

You can file a complaint with the Labour Commissioner or the Inspector under the Maternity Benefit Act, who has the power to inspect and enforce compliance. The employer must also allow women employees nursing breaks under Section 11 of the amended Act, and these breaks must be in addition to the regular break time.