Illinois has enacted legislation clarifying that employers must pay employees at their regular rate of compensation during breaks taken under the state’s Nursing Mothers in the Workplace Act. The clarification is a result of the enactment of Senate Bill 212 and is effective Jan. 1, 2026.
The Details
By way of background, the Illinois Nursing Mothers in the Workplace Act requires employers to provide reasonable break time to an employee each time the employee needs to express breast milk for her nursing infant child for one year after the child's birth. The break time may run concurrently with any break time already provided to the employee.
Prior to Senate Bill 212, the Nursing Mothers in the Workplace Act included a provision that simply stated that an employer is prohibited from reducing an employee's compensation for time used for the purpose of expressing milk or nursing a baby.
Senate Bill 212 amends the law to clarify that:
- Employers must compensate the employee during the break time at the employee's regular rate of compensation.
- Employers are prohibited from requiring an employee to use paid leave during the break time or reducing the employee's compensation during the break time in any other manner.
An employer must provide paid reasonable break time as needed by the employee unless to do so, which would create an undue hardship.
Next Steps
Review policies, practices, and training to ensure compliance with the amended law.