When must an employer provide a crèche?
- An establishment with fifty or more employees must provide a crèche for children under the age of six years rule 37(1).
- It must be within a kilometre of the establishment, or in a common facility in a notified industrial park or area if the competent authority relaxes this rule 37(2)(i).
- A woman is allowed four visits a day, including her rest intervals s. 67(1), proviso.
Where this uses the Central Rules, your State's Rules may differ: see your State.
Last checked 1 Nov 2026 · written from the official text · not reviewed by a lawyer. This explains the law in general and does not decide your case.
What the Labour Ministry says
- “The creche facility is available to employees, irrespective of gender.” FAQ 23, Additional FAQs, 16 Mar 2026: official copy · our copy
- “Where crèche facilities are not provided, payment of a crèche allowance is mandated.” FAQ 8, FAQs on the Social Security Code, 9 Jan 2026: official copy · our copy
Written before the final Rules. Rule 37(2)(viii) ties the allowance to an agreement with the negotiating union or council, or a majority of employees, and names women, widower and single parent employees.
This is the Ministry's explanation, not the law. Its FAQs and Handbook say the Codes prevail.