Employers Required To Compensate Nursing Mothers For Breaks

Originally signed into law in 2018, the Nursing Mothers in the Workplace Act (Nursing Mothers Act) was enacted to allow nursing mothers time and privacy to express breast milk for their infant children. In August 2025, the Illinois legislature amended the Nursing Mothers Act to require employers to compensate employees during breaks used to express milk. Employers are therefore prohibited from requiring an employee to use paid leave to cover breaks taken under the Nursing Mothers Act and are also prohibited from reducing an employee’s pay during the break.

All employers are required to provide this paid break time unless doing so would place an undue hardship on the employer as defined under the Illinois Human Rights Act. These changes go into effect on January 1, 2026. Employers should evaluate their policies and to make necessary changes to their break policies prior to the new year.

Client alert authored by Markeya A. Fowler, (312 849 4126), associate.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.