| Update Applicable to: | Effective Date |
| All Employers | January 1, 2026 |
What happened?
On August 1, 2025, Illinois enacted amendments to its Nursing Mothers in the Workplace Act, expanding protections for nursing employees and introducing new paid leave requirements.
Overview:
- All Illinois employers must provide 30 minutes of paid break time each time an employee needs to express breast milk, for up to one year after childbirth.
- This break must be paid at the employee’s regular rate of compensation, and employers cannot require the use of paid leave or reduce pay in any form during this time.
- Breaks may run concurrently with other paid breaks or meal periods.
- Employers may be exempt only if providing paid breaks would cause an undue hardship, defined under the Illinois Human Rights Act as prohibitively expensive or disruptive, based on factors like company size, resources, and operational impact.
Recommendation: Employers are encouraged to review and update their lactation accommodation policies to ensure compliance with the new amendments.
Source References
- Illinois SB 212 – NURSING MOTHERS IN WORKPLACE (Public Act 104-0076)
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