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Illinois Expands Protections for Breastfeeding Mothers in the Workplace

10/01/18

Author: ADP Admin/Wednesday, October 3, 2018/Categories: Illinois

Overview: Illinois Governor Bruce Rauner signed House Bill 1595 amending the Nursing Mothers in the Workplace Act in several significant ways – most notably the compensability of break time under the Act, and the burden on employers in order to avoid providing the required break time to its employees.

Effective Date: August 21, 2018

Details:
The amendments to the Act require employers to provide breastfeeding employees with “reasonable break time” as opposed to “unpaid break time” each time an employee needs to express milk, for up to one year after the employee child’s birth. Significantly, the break time provided for the expression of milk “may not reduce an employee’s compensation.”

Moreover, an employee’s break time “may” run concurrently with any other break time already provided. Notably, the Act previously stated that the break time “must, if possible” run concurrently with any break time provided.

Finally, the amendments modify the exemptions from having to provide lactation breaks. Employers are required to provide reasonable break time unless they can prove an “undue hardship,” as defined under the Illinois Human Rights Act (“IHRA”). Under the IHRA, “undue hardship” is defined as an “action that is prohibitively expensive or disruptive” when considering its nature and cost, the overall financial resources of the facility, the overall financial resources of the employer, and the type of operation of the employer.

The Act still requires employers to make reasonable efforts to provide a room or other location in close proximity to the employee’s work area – other than a toilet stall – where an employee can express milk in privacy.

Action Required: Employers with operations in Illinois should review and update their current lactation break policies and procedures to ensure compliance with the new amendments, particularly with regard to compensation of break time.

As always, please be sure to contact your HR Business Partner if you have any questions.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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