Karnataka Enforces Crèche Rules for Establishments with 50 or More Employees

The Karnataka State Government, through Gazette Notification No.LD 127 LET 2018 dated August 8, 2019, issued the Karnataka Maternity Benefit (Amendment) Rules, 2019, also known as the Karnataka Creche Rules. These new rules introduce provisions related to crèche facilities within the existing Karnataka Maternity Benefit Rules, 1966.

Previously, the Central Government, through Gazette Notification dated March 28, 2017, made amendments to the Maternity Benefit Act, 1961 (referred to as the Act). The amendment included the insertion of Section 11A, which made it mandatory for establishments with fifty or more employees to provide crèche facilities. Employers were also required to inform women employees in writing and electronically about all the benefits available under the Act. The Central Government, through Gazette Notifications No.S.O. 1026(E) dated March 31, 2017, and S.O. 1049 (E) dated April 3, 2017, announced that the provision related to crèche facilities would come into effect from July 1, 2017.

Furthermore, a circular dated November 17, 2017, issued by the Government of India, requested the State Governments, as the appropriate authorities under the Act, to promptly formulate and notify rules regarding crèche facilities. The Karnataka State Government released the draft rules on July 21, 2018, inviting public comments. The final version of the Karnataka Creche Rules was officially published in the Official Gazette, and its provisions became effective from that date.

Following are the major changes brought in by the notification:-

1. The establishment must provide one crèche facility for every thirty children.
2. The crèche facility should cater to children up to the age of six years.
3. The crèche facility is mandatory for all employees, including those who are permanent, temporary, regular, daily wage, or under contract.
4. The crèche facility should be located either within the establishment premises or within a distance of five hundred (500) meters from the entrance gate of the establishment.
5. The notification outlines the prescribed standards and guidelines for constructing the crèche building, providing facilities, and supplying equipment as per employer responsibility.
6. The operating hours of the crèche should align with the working hours of the children’s mother or parents. It can operate in multiple shifts, not exceeding eight hours a day, if women are employed in shifts according to statutory norms.
7. The crèche should maintain records of regular health check-ups and weight measurements of the children attending the facility.
8. A woman with a government-approved or recognized qualification and training in “Early Childhood Care and Education” (ECCE) or “Teachers Course Higher” (TCH) or an equivalent qualification should serve as the crèche-in-charge, taking care of the children in the absence of their mothers as a teacher-cum-warden.
9. The crèche should also maintain records such as pre-admission medical examinations for each child. Medical check-ups should occur once every two months, with monthly recordings of the children’s Body-Mass Index (BMI).
10. The employer must ensure that the children have access to a safe, secure, and well-maintained outdoor play area while prioritizing their safety and security.

More details can be read from following article:

Karnataka_Maternity_Benfit_amendment_rules_2019