For many working parents, balancing professional responsibilities with the needs of a growing family is a daily juggling act. In Illinois, the legal landscape just shifted to make that balance a little easier to manage.

Starting January 1, 2026, a new state law officially goes into effect, expanding the protections and compensation requirements for employees expressing breast milk. Here is a breakdown of what employers and employees need to know to stay compliant and supported.

What’s Changing?

While Illinois has long required employers to provide private space and time for nursing mothers, lactation breaks are no longer just an “unpaid accommodation.”

• Mandatory Paid Breaks: Employers must now pay employees at their regular rate of pay during lactation breaks.
• Protection of Accrued Leave: Employers are strictly prohibited from requiring workers to use their existing paid leave (such as PTO, vacation days, or IL Paid Leave) to cover these breaks.

Who is Covered?

The core requirements of the Illinois lactation law remain in place for “covered employers.” If your business fits the following criteria, these rules apply to you:

• Company Size: Employers with 5 or more employees.
• Eligibility: Employees who are nursing a child age one or younger.
• Frequency: Employers must provide adequate break time based on the individual needs of the employee. There is no “one-size-fits-all” schedule for lactation.
• The Space: Employers must provide a private space (other than a bathroom) for expressing milk.

We’re Here to Help

Navigating new labor laws can be complex. If you are an employer looking to update your handbook or have questions about this new legislation, help is available. Contact The Employer Group today!

 

 

 

This information does not constitute legal advice.