Workplace crèche rights in India: access, visits, safety and how to raise a concern
A practical guide to the Social Security Code crèche provision, four daily visits, childcare safety, nursing breaks and employer follow-up for women workers in India.
In this guide
Childcare is part of the workplace access question
A workplace crèche can help women remain in paid work and care for a young child. It should be safe, reachable and usable without making a woman prove she is a devoted employee or an ideal mother.
The Code sets a 50-employee threshold
Section 67 of the Code on Social Security requires a crèche facility in an establishment to which the maternity-benefit chapter applies when it has fifty employees, or another number that may be prescribed. Check the applicable establishment and current rules.
A shared facility may be possible
The Code allows a crèche separately or along with common facilities, subject to prescribed distance and current rules. Ask where it is, how travel works and which employer is responsible for the arrangement.
The Code provides four visits a day
Section 67 provides for four visits to the crèche by the woman during a workday, including rest intervals. Ask how the schedule is applied in your role and how breaks are recorded.
Employers should tell women about benefits
Section 67 says the establishment must intimate women in writing and electronically at initial appointment about benefits under the chapter. Ask HR for the benefit notice and policy if it was not provided.
Confirm local implementation
Distance, capacity, operating hours, common crèche arrangements and inspection routes may depend on rules and local setup. Ask the labour office or relevant authority for the current standard.
Ask for the facility and plan how to use it
A useful request is specific about the child’s age, worksite, schedule, access needs and the information the woman wants kept private.
Ask whether the provision applies to this worksite
Request the employee count, establishment coverage, crèche location, operating hours and the responsible contact. A contractor or multiple departments can make the count unclear, so ask the employer to assess it in writing.
Request the visit and rest-break schedule
Ask how the four visits are scheduled across the shift, whether rest intervals are included, how visits are logged and how a night, split or changing shift is handled.
Ask about nursing breaks separately
Section 66 provides nursing breaks for a woman returning to work after childbirth, subject to rules and until the child reaches the specified age. These breaks and crèche visits are related but distinct; ask what arrangement applies to both.
Share only practical details
The crèche may need the child’s name, emergency contact, allergies or collection permissions. Ask who can see those details and do not share an adoption or medical record beyond what is needed.
Request accessible arrangements
Ask about a safe route, lift, accessible entry, private feeding space, language support, flexible handover and a contact person. Explain the change needed without giving unrelated health information.
| Need or question | Employer’s answer or evidence | Owner and review date |
|---|---|---|
| Establishment coverage and facility location | ||
| Four visits and rest interval schedule | ||
| Child safety, collection and emergency plan | ||
| Nursing breaks or access adjustment |
Check safety, dignity and child protection
A crèche is useful only if the child is safe and the worker can raise concerns without retaliation. Ask for clear procedures before relying on the service.
Ask who is responsible for supervision
Request the names or roles of the crèche lead, backup contact and person handling an emergency. Ask how staff are selected, trained and supervised under current rules.
Understand entry and collection controls
Ask how the facility confirms authorised pickup, records arrival and departure, handles a missing child or injury and contacts the parent. Keep approved contacts current.
Ask about illness, medication and emergencies
Confirm how the crèche handles a child who becomes unwell, prescribed medicine, allergies, first aid, emergency transport and family notification. Ask for written procedures.
Protect privacy without hiding safety information
Share what carers need to keep the child safe. Ask how incident notes, photographs, health details and emergency contacts are stored and who can view them.
Do not accept retaliation for raising a safety concern
Record the concern, date, person notified and response. Ask for an interim safe arrangement while a serious issue is investigated.
Respond when a crèche is missing or unusable
If the establishment appears to meet the threshold but has no facility, or the arrangement is unsafe or inaccessible, make a dated request and ask for the applicable rule and remedy.
Put the request in writing
Name the worksite, shift, employee count if known, crèche need, dates and the adjustment requested. Ask the employer to explain whether section 67 applies and how it is complying.
Ask for an interim plan
While HR checks coverage, request an alternative facility, adjusted visits, a safe feeding space, schedule flexibility or another temporary plan that works for the woman and child.
Keep records safely
Save the policy, appointment notice, written request, response, visit log and any retaliation. Keep child identity and medical details private when sharing the concern.
Use the right authority
Ask the labour department or relevant inspectorate which office handles the establishment and current crèche rules. Legal-services authorities can help identify the correct forum if the employer does not respond.
Get urgent help for immediate danger
If a child is missing, injured or in immediate danger, use emergency support first. Call 112 when appropriate; do not wait for an HR meeting.
Share childcare without reinforcing the care penalty
The crèche should support a woman’s work and a child’s wellbeing. It cannot replace fair staffing, nursing breaks, predictable schedules or shared family care.
A crèche is not a condition of employment
A woman may use it, request another safe arrangement or decide not to use a facility that does not meet the child’s needs. Ask about alternatives and any applicable rule.
Make workload compatible with visits
A manager should plan cover for agreed visits and rest periods rather than labelling a worker unreliable. Put the schedule and review date in writing.
Share care at home
Partners and relatives can handle drop-off, pickup, appointments, meals and night care. Childcare does not become only the mother’s responsibility because a workplace offers a crèche.
Connect crèche access to maternity return
A returning employee may need leave, nursing breaks, a private space or a gradual schedule alongside childcare. Ask for the arrangement that solves the actual barrier.
Support another worker
Share the facility contact and policy without sharing a colleague’s child or health details. Ask the worker what support she wants before raising her case.
Questions people ask
When is a workplace crèche required?
Section 67 sets a threshold of fifty employees for an establishment to which the maternity-benefit chapter applies, subject to any prescribed alternative number and the current rules. Ask the employer to assess coverage in writing.
How many times can a woman visit the crèche?
Section 67 provides four visits a day, including rest intervals. Ask how this is scheduled and recorded at your worksite.
Can employers use a shared crèche?
The Code allows separate or common facilities, subject to the prescribed distance and current implementation. Check the location, travel and safety arrangements.
Are nursing breaks the same as crèche visits?
No. Section 66 addresses nursing breaks; section 67 addresses crèche facility and visits. Ask the employer to explain each benefit and the rules that apply.
What can a supporter say?
‘You should be able to work and make childcare decisions safely. Let’s get the facility policy, visit schedule and child-safety process in writing.’
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Sources and publication record
Draft prepared 25 September 2026; project-team editorial review pending · Sources checked .
- Code on Social Security, 2020India Code, Legislative Department
- Government record: four Labour Codes effective from 21 November 2025Press Information Bureau, Ministry of Labour and Employment
- Legal Services Authorities Act, 1987India Code, Legislative Department
- Free legal services and National Legal Aid Helpline 15100National Legal Services Authority
- Emergency Response Support System 112Ministry of Home Affairs