Crèche Compliance Is No Longer Just a Maternity Policy — Here’s What Every Employer Needs to Know
If your HR team still files crèche facility under “maternity compliance,” it’s time for a rethink. India’s Labour Codes have quietly expanded both the scope and the responsibility of workplace crèche obligations — and a Ministry of Labour & Employment (MoLE) clarification from March 2026 has made one thing official: crèche is a gender-neutral entitlement, available to all employees regardless of gender.
What the old law said
Under the Maternity Benefit Act, 1961, establishments with 50 or more employees were required to provide a crèche for children under 6 years of age. Female employees were entitled to four visits per day to the crèche, including rest intervals. It was framed squarely as a women’s welfare provision — which is exactly why most employers stopped thinking beyond that lens.
What the Labour Codes say now
Two codes now carry crèche requirements, and they don’t speak the same language:
Section 67 mandates a crèche where 50 employees are employed. Central Rules specify a 1 km distance norm and allow a crèche allowance mechanism in certain cases. Expressly provides 4 visits per day.
Section 24(3) applies where there are more than 50 workers and requires a suitable location within reasonable distance. Uses “workers” — a defined term distinct from “employees.”
These differences matter in practice. “50 employees” under CoSS triggers the rule at exactly 50. “More than 50 workers” under OSHWC means the obligation kicks in only at 51 — and only for those classified as workers, not all employees. Employers straddling both codes need to apply each threshold independently.
What employers should act on now
- Determine whether your establishment is covered under CoSS, OSHWC, or both — and apply the correct threshold for each
- Count headcount carefully: 50 employees (CoSS) is not the same as more than 50 workers (OSHWC)
- Document crèche distance, accessibility, operating hours, and facilities in compliance records
- Review shared or common crèche arrangements to ensure they meet location norms under both codes
- Update internal policy language to reflect the gender-neutral eligibility clarified by MoLE
- Monitor both Central and State Rules before finalising implementation — State Rules may vary
The bottom line
Crèche compliance in 2025 is a headcount-triggered, gender-neutral, location-specific, cross-code obligation. Treating it as a tick-box in your maternity policy is no longer enough — and could leave your organisation exposed. Whether you’re setting up an in-house facility or exploring a managed crèche partner, the time to audit your position is now.
Feathertouch Daycare helps corporates in Bengaluru set up compliant, high-quality crèche facilities — fully aligned with the Labour Codes.
Talk to us about crèche compliance →
