Nursing Breaks or Creche Facilities

Last updated on Jun 22, 2022

Other than the maternity pay and leave, women are entitled to other benefits. These benefits such as nursing breaks and creche facilities allow women to make an easier transition back into work after their maternity leave.

Nursing breaks

If you return to work after your delivery, you can take 2 breaks of 15 minutes each daily (( Section 6, The Maternity Benefit Act, 1961.)). You can nurse your child and take nursing breaks till the child is 15 months old. (( Section 11, The Maternity Benefit Act, 1961))

Creche Facility

Every establishment having fifty or more employees shall have a creche facility. (( Section 11A, The Maternity Benefit (Amendment) Act, 2017)) You can visit the creche 4 times in a day as per the law. (( Section 6, The Maternity Benefit (Mines and Circus) Rules, 1963.)) You can take an extra time of 5-15 minutes. This includes the time to and from the:

  • Creche (a nursery where babies and young children are cared for during the working day) or
  • Any other place where the children are being taken care of.

The Ministry of Women and Child Development issued guidelines for setting up and running creches, which prescribe standards that creches should adhere to. (( National Minimum Guidelines for Setting Up and Running Crèches under Maternity Benefit Act 2017, https://wcd.nic.in/sites/default/files/National%20Minimum%20Guidelines.pdf)) The guidelines state that there should be one crèche for every 30 children, which should be extended to any employee’s child between the age group of 6 months to 6 years. The location of the crèche facility should be at the workplace, or within 500 meters from the workplace.

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Related Resources

How to claim Maternity Benefits?

The employer must pay you your maternity benefit before your delivery. Give your employer a written notice of the same.

Responsibility of Employers

At the time of joining the employment, employers have to inform women about maternity benefit available in the organization.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.

Workplaces with Maternity Benefits

Maternity Benefits under law are applicable to almost all government and private establishments and offices.

Maternity Benefit in case of death of a Woman

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy.

Salary during Maternity Leave

Employers have to pay women 'maternity benefit' for the period during which they are absent from work as a result of their pregnancy.