Effective January 1, 2026, Illinois SB 212 amends the state’s Nursing Mothers in the Workplace Act, strengthening protections for employees who need to express breast milk during the workday. The law applies to all employers with more than five employees. The amendment clarifies that nursing breaks must be paid and that employers may not require employees to use paid leave or otherwise reduce their compensation for time spent expressing milk.
These changes emphasize the importance of providing equitable workplace accommodations for nursing employees and align with the state’s broader focus on supporting working parents.
Key Provisions of SB 212
- Paid Nursing Breaks. Employers must compensate nursing employees for break time used to express milk at the employee’s regular rate of pay.
- Prohibition on Using Paid Leave. Employers may not require employees to use paid time off (PTO)/vacation, sick time, or other paid leave to cover time used for expressing milk.
- No Reduction in Compensation. Employers may not reduce an employee’s compensation in any form (including hourly reductions or prorated salary) for time spent expressing milk or nursing a baby.
- Break Time Frequency. Employees are entitled to reasonable break time as needed, for up to one year following the birth of the child.
- Concurrent Breaks. Nursing breaks may run concurrently with any break time already provided by the employer.
- Undue Hardship Exception. Employers are only exempt from providing paid break time if doing so creates an undue hardship, as defined under the Illinois Human Rights Act.
Next Steps for Employers
Employers should begin preparing for this change by updating workplace policies, handbooks, and break procedures to reflect that nursing breaks must be paid and cannot be deducted from leave balances. Timekeeping systems should be reviewed to ensure proper compensation tracking, and human resource teams and managers should be trained to manage nursing accommodation requests in compliance with the updated requirements.
