The draft Karnataka Maternity Benefit (Amendment) Rules, 2018 (“Rules”), issued by the Department of Labour, Government of Karnataka. The Rules have been published for comments, objections and suggestions, after which it will be notified and enforced. The following are the important features of the Rules:
1. Establishment of a creche:
- The Rules specify that the employer shall provide a creche facility for children below the age of 6 years in accordance with the standards specified.
2. Standards:
- The creche facility shall be maintained as per the following standardized:
- The creche facility shall be located at a distance of 500 meters from the gate of the establishment and shall be conveniently accessible to the working mothers within the establishment. However, it must not be located in close proximity to obnoxious fumes or noisy activities within the establishment.
- The Rules provide for the infrastructure requirements of the creche. Accordingly, the creche facility has to be provided with washrooms, kitchens etc. The building of the creche must comply with all laws relating to building control, fire safety and health. Additionally, it must be in accordance with the specifications in the Rules.
- The creche shall be kept open during the day as well as night if women employees are working in the establishment.
- Equipment such as beds, mattress, cradles, etc. as specified must be provided.
- The staff of the creche shall include a woman who must be the teacher-cum-warden who has qualification and training in Early Childhood Care and Education (ECCE) or Teachers Course Higher or any other equivalent qualification. Additionally, a woman qualified as a mid-wife shall work as an attendant. The Rules provide for assistants in the prescribed proportion if the number of children exceed 10.
- The working hours of the creche must correspond to the working hours of the mother. The creche will have to work for two or more shifts if the women are working for two or more shifts, with each shift not exceeding 8 hours a day.
- The creche has to maintain medical records as prescribed under the Rules.
- Supply of milk and refreshment has to be made available to the children at the creche as per the Rules. Additionally, the mother of the child shall be allowed four visits a day to feed the child.
- The staff shall be provided with clean clothes while exercising their duty at the creche.
- The employer must also ensure safe outdoor play facilities for the children.