Illinois Laws

ILLINOIS STATE LACTATION POLICIES

Illinois Nursing Mothers in the Workplace Act 

To Whom Does It Apply?

The Illinois Nursing Mothers in the Workplace Act to all public and private employers within the state that have more than 5 employees who are not members of the employer’s immediate family. “Employer” is defined broadly under the Illinois Code, and should be construed to include employers of independent contractors and part-time employees, as well as traditional full-time employees. 

Work Break Requirements.

An employer shall provide reasonable break time to an employee who needs to express breast milk each time the employee has such a need. This obligation extends for one year after the child's birth. The break time may run concurrently with any break time already provided to the employee, however, an employer may not reduce an employee's compensation for time used for the purpose of expressing milk.

Lactation Room Requirements.

An employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where an employee can privately express breast milk as needed.

Exempt Employers.

The work break requirement does not apply if an employer can demonstrate that providing such work breaks would create an undue hardship to the employer’s business.  

“Undue hardship” means an action that is prohibitively expensive or disruptive when considered in light of the following factors:

(1)   The nature and cost of the accommodation needed;

(2)            The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the accommodation upon the operation of the facility;

(3)            The overall financial resources of the employer, the overall size of the business of the employer with respect to the number of its employees, and the number, type, and location of its facilities; and

(4)            The type of operation or operations of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer. The employer has the burden of proving undue hardship. 

 

CHICAGO, IL LACTATION POLICIES

There are no lactation accommodations ordinances or rules specific to Chicago, Illinois.  

The rights granted by the Illinois Nursing Mother in the Workplace Act, and by the federal FLSA and PWFA, represent the highest level of workplace accommodation protections afforded to working, nursing mothers in Chicago, Illinois.