CRE-23/1/2018 – Creche- Part(2)
Government of India
Ministry of Women and Child Development

Shastri Bhawan, New Delhi
Dated: 2nd November, 2018

Office Memorandum

Subject: National Minimum Guidelines for setting up and running creches under Maternity Benefit Act, 2017 – Forwarding of

The undersigned is directed to refer to the subject mentioned above & to say that the Ministry of Labour & Employment has notified the Maternity Benefit (Amendment) Act, 2017 mandating that “every establishment having fifty or more employees shall have the facility of creche within such distance as may be prescribed, either separately or along with common facilities”,

2. In this regard, to enable and facilitate the employer for establishing and managing the creche facility, the Ministry of Women & Child Development has formulated the National Minimum Guidelines for Setting Up and Running Creches under Maternity Benefit Act 2017 (copy enclosed).

3. It is requested to circulate the said guidelines to each and every employer/ institution covered under the Maternity Benefit Act thereby empowering them with the requisite know how to set up modeling the  facilities with adequate provisions. A copy of the said guidelines can also be downloaded from the Ministry’s website – www.wcd.nic.in.

Source: www.wcd.nic.in

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No. S·36012/03/2015-S5-1
Government of India
Ministry of Labour & Employment

Shram Shakti Bhawan, Rafi Marg,
New Delhi, dated 12th April, 2017

To

The labour Department,
All States/Union Territories

Sub: The Maternity Benefit (Amendment) Act, 2017 – reg.

Sir/Madam,

In line with recommendations of the 44th, 45th & 46th Session of Indian Labour Conference (ILC) and demands from various quarters, the Government has recently enacted the Maternity Benefit (Amendment) Act, 2017. Through this Amendment Act, following provisions have been added to the Maternity Benefit Act, 1961:-

Increase in the maternity leave from existing 12 to 26 weeks for working women with less than two surviving children.

• Provisions for work from home for nursing mothers.
• Mandatory provisions for establishments having fifty or more employees to have the facility of creche.
• Extension of twelve weeks of maternity benefit to the ‘commissioning mother‘ and the ‘adopting mother‘ from the date the child is handed over.

Provisions of the Amendment Act have come in to force w.e.f 1st April, 2017, except those relating to creche facility (Section 4( 1)} which would come into force from 01.07.2017.

2. After the enactment of the said Act, the Ministry has been receiving numerous queries relating the revised provisions of the Act. The Ministry has examined such queries in consultation with Chief Labour Commissioner (Central) and the same are clarified as below :-

3. It is requested that these clarifications may be noted for compliance and also circulated widely so as to make the pregnant working women aware of their rights.

Yours faithfully,
(H.L. Meena)
Director (SS)

Source: The Maternity Benefit (Amendment) Act,2017

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North Block, New Delhi,
Dated the 22 nd December, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Conduct) Rules 1961 – Guidelines regarding prevention of sexual harassment of women at the workplace – regarding.
The undersigned is directed to refer to the DoPT OM number No.11013/2/2014-Estt.A-III, dated the 16th July, 2015 etc., vide which need for effective mechanism to ensure that inquiries in the case of allegations of sexual harassment are conducted as
per the prescribed procedure and that they are monitored have been issued. Recently, a meeting was held under the Chairmanship of Minister, Women and Child Development wherein concern was expressed that the inquiries in such cases are
taking unduly long time. It has, therefore, been decided that the following further steps may be taken to ensure that the inquiries are conducted expeditiously and the aggrieved women are not subjected to victimization:

(1) As already conveyed vide OM dated 2nd February, 2015 all Ministries/Departments shall include in their Annual Reports information related to the number of such cases and their disposal.

(2) As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3) It should be ensured that the aggrieved women are not victimized in connection with the complaints filed by them. For a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is
not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account. In case of any victimization the complainant may submit a representation to the Secretary in the case of Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, and a decision taken within 15 days of the submission of the same.
(4) All Ministries/Departments shall furnish a monthly report to the Ministry of Women and Child Development giving details of number of complaints received, disposed of and action taken in the case.

(Mukesh Chaturvedi)
Director (E)
Tele: 23093176

DoPT Order 2016

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Srinagar: In a major welfare measure for women employees in Jammu and Kashmir, the state government today approved Child Care leave for them for a period of two years to look after their children.

The Government issued a notification allowing the Child Care leave for its women employees. As per the new provision, a women employee can avail a maximum period of 730 days of child care leave during her entire service for taking care of her two eldest children, an official spokesman said.

He said the leave can be taken to look after the children’s education, illness and other similar requirements. The spokesman said after approval by Chief Minister Mufti Mohammad Sayeed, the Finance Department has issued the notification incorporating the child care leave in the Jammu and Kashmir Civil Services (Leave) Rules.

During the period of child care leave, a woman employee shall be paid leave salary equal to pay drawn immediately before proceeding on leave and the child care leave can be combined with any other kind of leave, the spokesman said.

However, the leave shall not be granted for more than three spells in a calendar year, he said. The spokesman said though child care leave can be claimed only after completion of probation period by the employee, yet as a humanitarian gesture, some minimum child care leave can be allowed to a probationer in certain extreme circumstances.

The present PDP-BJP coalition Government in its first budget had announced that the child care leave shall be introduced in the State Leave Rules so that the difficulties faced by working mothers is resolved and women employees get this benefit at par with Central Government employees.

PTI

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