On August 1, 2025, Illinois enacted amendments to its Nursing Mothers in the Workplace Act ("Act"), which will take effect on January 1, 2026.
Under the Act, Illinois employers must provide reasonable break time to employees who need to express breast milk for their nursing infant for one year after the child's birth. That break time may run concurrently with any break time already provided to the employee.
Effective January 1, 2026, breaks required by the Act must be paid at the employee's regular rate of compensation, unless doing so would create an "undue hardship" as defined in the Illinois Human Rights Act (IHRA). The IHRA defines "undue hardship" as "prohibitively expensive or disruptive" when considered in light of specified factors including, among other things, the financial resources of the employer, the size of the employer and the impact on operations. The amendment also prohibits employers from requiring employees to use paid leave for breaks required by the Act or from otherwise reducing a nursing employee's compensation during the break time.
Employers should review and revise their lactation accommodation policies to ensure compliance with these upcoming requirements as well as the federal PUMP for Nursing Mothers Act (PUMP Act) and Pregnant Workers Fairness Act. For questions or assistance, please contact a Jackson Lewis attorney
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