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Employers of Five or More Employees Must Give Nursing Breaks

By Adrienne Hersh, JD, ICS Legal Counsel · January 21, 20264 min read
Mother holding baby
Employers of Five or More Employees Must Give Nursing Breaks
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Do you know that Illinois has a law on the books that requires employers of five or more employees to provide breaks to nursing mothers to express milk? The law was recently amended to quantify the break time and further ease the ability of new mothers to simultaneously work and nurse, as detailed below.

Covered employers (5 or more employees, exclusive of employer’s immediate family) must now give 30 minutes of paid break to an employee who needs to express breast milk for her nursing infant child, each time the employee has the need to express milk, for one year after the birth. The break time does not need to run concurrently with any break time already provided, and an employer is prohibited from reducing an employee’s compensation for time used for expressing milk or nursing a baby. The law also requires covered employers to 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 express her milk in privacy. 

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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