Creche at work in India: what the law says and how to ask your employer
The creche facility rule from the Maternity Benefit Act amendment, now in the Social Security Code: who it covers, how it works and how to ask HR.
In India, every establishment with 50 or more employees must provide a creche facility. The rule came in with the Maternity Benefit (Amendment) Act, 2017, and since November 2025 it sits within the Code on Social Security, 2020. The creche can be the employer's own or a shared one nearby.
Many parents don't know this rule exists, or aren't sure how to raise it. Here's what the law says and how to ask.
What the 2017 amendment said
The Maternity Benefit (Amendment) Act, 2017 added a new section 11A to the 1961 Act. In plain words:
- Who: every establishment with fifty or more employees.
- What: a creche facility, within a distance set by the rules.
- How: either a separate creche, or along with common facilities.
- Visits: the employer must allow the mother four visits a day to the creche, including her rest interval.
- Telling employees: every establishment must inform each woman, in writing and by email or other electronic means, of every benefit under the Act when she is first appointed.
The Labour Ministry's clarification noted that the creche provision took effect from 1 July 2017.
The same amendment raised paid maternity leave to up to 26 weeks for the first two children. It also allowed work from home after leave, where the job allows and both sides agree.
What changed in 2025
On 21 November 2025, the government brought four labour codes into force, rationalising 29 older central labour laws. Maternity benefits, including the creche rule, are now covered by the Code on Social Security, 2020.
According to the government's factsheet on the Code:
- The creche rule still applies to establishments with 50 or more employees.
- It is described as gender-neutral, and covers all types of establishments.
- Employers can use a common creche. It can be run by government, a municipality, a private provider, an NGO, or a group of establishments pooling resources.
- The four daily visits for the mother continue.
- The factsheet also mentions a creche allowance where no creche is provided.
Detailed rules, such as the exact distance and when an allowance can replace a creche, are set separately and can change. Check the current rules for your state, or ask HR, before relying on a specific detail.
How it works in practice
Employers meet the rule in a few different ways.
| Set-up | What it looks like | Good to check |
|---|---|---|
| On-site creche | A room or floor inside the office | Ratios, hygiene, who runs it |
| Tie-up with a nearby daycare | Reserved seats at a centre close to the office | Distance, timings, how many seats |
| Shared creche in a business park | One creche serving several companies | Waiting lists, age limits |
| Allowance | Money towards childcare, where the rules allow | How much, and whether it covers your real cost |
An on-site creche is easiest for feeding visits. A tie-up may have better facilities but needs a short trip. The same checks apply as for any daycare. Use our guide on how to choose a daycare and the daycare safety checklist.
Near the office or near home?
An office creche makes feeding visits possible and keeps your child close. But it means your child commutes with you every day. On days you work from home or travel, it may not help at all.
Our guide to daycare near home or office walks through the trade-offs.
How to ask your employer
Keep it friendly.
- Check the policy first. Look in your offer letter, HR portal or handbook for "creche" or "childcare".
- Ask HR in writing. A short email works well.
- Ask practical questions. Where is the creche? What ages does it take? What are the timings? Is there a waitlist? Who runs it?
- Ask early. Raise it during pregnancy or early in your leave, not the week before you return.
- Bring colleagues in. If several parents need it, a joint request is easier to act on.
A simple email could say:
"I'm returning from maternity leave in March and would like to understand our creche facility. Could you share where it is, the age range, timings and how to register? Thank you."
Fathers can ask too. The government describes the requirement as gender-neutral, and HR can tell you who is eligible to use it.
If your employer has no creche yet
Employers with fewer than 50 employees generally aren't covered by this rule. Some larger ones may still be setting things up. You'll need your own plan.
- Look at daycares near home and near the office, then compare commutes.
- Ask about flexible hours or work from home for the first months.
- Line up a backup for sick days and closures. See backup childcare options.
Our guide to childcare after maternity leave has a full timeline.
When Kribble launches in Gurugram, you'll be able to compare verified daycares near your home or office by fees, timings and availability.
Frequently asked questions
Which employers must provide a creche in India?
Establishments with 50 or more employees must provide a creche facility. The rule came in through the Maternity Benefit (Amendment) Act, 2017 and now sits within the Code on Social Security, 2020.
Can the creche be outside the office?
Yes. The law allows a separate creche or a shared one. Employers can use a common creche, run by government, a municipality, a private provider, an NGO or a group of employers.
How many creche visits can a mother make during work?
The law allows four visits a day to the creche, which include her normal rest interval. Ask HR how this works with your hours and team.
Is the Maternity Benefit Act still in force?
Since 21 November 2025, its provisions have been brought into the Code on Social Security, 2020, as part of India's four labour codes. The creche and maternity leave rights continue under the Code.