Breastfeeding
Breastfeeding
The Maternity Benefits Act requires employers to provide nursing breaks of prescribed duration for new mothers in order express breast milk for nursing child. These nursing breaks are fully paid and are available until a child reaches the age of 15 months. The duration of these prescribed breaks is not provided under the Act.
The Maternity Benefit (Amendment) Act 2017, passed by the Rajya Sabha in August 2016, has also been passed by the Lok Sabha in March 2017. Under the new Law, every establishment having fifty or more employees must provide the facility of creche within such distance as proposed either separately or along with common facilities. A woman worker will be allowed four visits to the crèche in a day.
Ministry of Women and Child Development, Government of India has issued Crèche Guidelines in November 2018. In line with the guidelines, following are the salient points:
- One creche for every 30 children between the age 6 months to 6 years of all types of employees;
- The creche must be located at the workplace or within 500 meters of the establishment;
- Employers are required to employ one creche worker along with a helper for every 10 children under the age of 3 years and for every 20 children between the age group of 3-6 years.
Source: §11 & 11A of the Maternity Benefits Act 1961, amended in 2017
Breastfeeding Under State Laws
Breastfeeding in Andhra Pradesh
No State laws and provisions under this topic.
Breastfeeding in Maharashtra
For all women factory workers:
Employers for factories, under the Factories Rules, 1963, should construct crèches for workers’ children. The Act compels adequate care and rules to be followed in the building and maintenance of these structures. In situations of lacking space, the permission of the Chief Inspector can be gained for exemption from the same. These crèches should be accompanied with washrooms and should also contain an adequate supply of milk (at least 300 ml milk for each child/day). The entire facility must be placed under charge of an adequate number of trained women qualified as per standards.
Source: 87-91 of the Maharashtra Factories Rules, 1963
For all women workers in Shops and Commercial Establishments:
The Shops and Establishments Act mandates that every establishment where fifty or more workers are employed there should have a suitable room or rooms as crèche for the use of children of workers. A group of establishments can also create common creches for themselves if they are in a radius of one kilometer.
Source: Section 23of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
For all women workers in Beedi establishments:
Female workers with children under the age of six years, in establishments with more than 50 workers, are entitled to designated room(s) for maternal activities. Creches should be well lit, ventilated, sanitized, and maintained by trained women. Employees should be provided with breaks at regular intervals for breastfeeding.
Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
Breastfeeding in Karnataka
No State laws and provisions under this topic.
Breastfeeding in Uttar Pradesh
At least half a pint of clean pure milk, accommodated in the creche should be provided free of cost for each child every day.
The mother for such a child should be allowed two intervals of at least half an hour in the course of her daily work to feed the child. For children, who do not require milk an adequate supply of wholesome refreshment should be provided.
Source: Section 70, U.P. Factories Rules, 1950
Breastfeeding in Rajasthan
For all Pregnant Women:
The employer will give reasonable and adequate nursing breaks to nursing mothers. Two nursing breaks of 15 minutes are to be given. The employer will also allow an extra break for the purpose of travel to and from the place or creche where the children are left by the woman while on duty. The period of this travel should be sufficient depending upon the distance to be covered. The period should not be for less than 5 minutes or exceed 15 minutes.
Source: Section 6 of the Rajasthan Maternity Benefit Rules, 1967
For Pregnant Employees at Establishments:
Any woman employed in an establishment who has delivered a child will, while she is nursing her child, be allowed half-an-hour twice a day during her working hours for this purpose in addition to regular intervals for rest.
Source: Section 28 of the Rajasthan Shops and Commercial Establishments Act, 1958
Breastfeeding in Tamil Nadu
For all female workers in Handlooms and Industrial Establishments:
Female workers with children under the age of six years, in establishments with more than 50 workers, are entitled to designated room(s) for maternal activities. Creches are mandated to be well lit, ventilated, sanitized, and maintained by trained women. Government may, if deemed necessary, put additional rules in place. For example, rules as regards fixtures, washing areas, free milk and refreshments for children. Concerned employees should be provided with breaks at regular intervals for breastfeeding.
Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981;Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958
Breastfeeding Regulations in Gujarat
In every shop or establishment wherein thirty or more women workers are employed, there should be provided and maintained a suitable room or rooms as creche for the use of children of such workers.
Source: Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Breastfeeding Regulations in West Bengal
For Contract Labourers:
Licenses granted to contractors are subject to the following conditions: (a) in every establishment where fifty or more women are ordinarily employed as contract labour, there should be provided two rooms of reasonable dimensions for the use of their children under the age of six years;(b) one of such rooms should be used as a playroom for the children and the other as bedroom for the children; (c) the contractor should supply adequate number of toys and games in the playroom and sufficient number of cots and beddings in the sleeping room;(d) the standard of construction and maintenance of the crèches should be such as may be specified on this behalf by the Labour Commissioner, West Bengal.
No female contract labour can be employed by the contractor before 6.00 A.M. or after 7.00 P.M.
Source: Section 25(vi) (a), West Bengal Contract Labour (Regulation and Abolition) Rules, 1972
For all women factory workers:
Employers for factories, under the Factories Rules, 1963, should construct crèches for mothers of children accommodated. The act compels adequate care and rules to be followed in the building and maintenance of these structures. In situations of lacking space, the permission of the Chief Inspector can be gained for exemption from the same. These crèches should be accompanied with washrooms and should also contain an adequate supply of milk (at least 300 ml milk for each child/day). The entire facility must be placed under charge of an adequate number of trained women qualified as per standards.
Source: Section 74, West Bengal Factories Rules, 1958
