If the total staff is more than 50 but in different location, then crèche facility is applicable or not?
The threshold of 50+ for creche facility is applicable based on total employee strength of the establishment regardless of distribution across locations. Refer Section 67(1) of SS Code, Chapter-Maternity Benefit. The code now permits hiring a common creche facility instead of setting up one which is a welcome change.
CS Sharad Bhargava
For your reference, Section 67 of Social Security Code mentioned by Sharad is as follows:
67. Creche facility
(1) Every establishment to which this Chapter applies, in which fifty employees or such number of employees as may be prescribed by the Central Government, are employed shall have the facility of crèche within such distance as may be prescribed by the Central Government, either separately or along with common facilities:
Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her:
Provided further that an establishment may avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation or group of establishments who may pool their resources for setting up of common crèche in the manner as they may agree for such purpose.
(2) Every establishment to which this Chapter applies shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this Chapter.
(As on 28 Jan 2026)