Is my employer in Kolkata legally required to provide a creche for my child?

Under the Maternity Benefit Act, 1961, as amended in 2017, and the Factories Act, 1948, read with the West Bengal Premises Tenancy Act 1997 rules, an establishment employing 50 or more employees must provide and maintain a creche facility. The creche must be accessible, adequately equipped, and staffed with trained personnel for children of employees in Kolkata.

The Calcutta High Court has held that creche facilities are not a permissive welfare measure but a mandatory statutory obligation under the amended law. You should submit a written request to the HR department, and if denied, you can complain to the Labour Commissioner of your state.

The state government may frame additional rules regarding creche timings, space, and hygiene standards. Failure to comply attracts penalty as prescribed under the amended Act.