Explanation:

30

An important provision, Section 11A, introduced by the Maternity Act is that any establishment which has 50 or more employees shall have the facility of creche. This provision has sparked a lot of debates and discussions among employers on whether the provision is to be interpreted to be applicable on establishments. It is pertinent to note that since this section specifically mentions the term 'employees', therefore, the obligation to have a creche applies to all establishments inclusive of males and females. The term 'employees' has been used to make the provision gender neutral, because though a woman is biologically endowed to give birth, however, the responsibility to take care of a child lies with both the father and the mother. Therefore, even if an establishment consists of only males, such establishment should have a creche facility so as to enable fathers to bring their children to the creche.