Illinois now requires employers to pay nursing moms during pumping breaks

New law took effect Jan. 1

Illinois started 2026 with a new rule for nursing mothers in the workplace.

Since Jan. 1, employers must pay workers at their regular rate during break time used to express breast milk.

Gov. J.B. Pritzker signed Senate Bill 212 into law on Aug. 1, 2025, updating the state’s Nursing Mothers in the Workplace Act.

The protection covers the first year after a child’s birth and applies to employers with more than five workers.

Employers can’t cut pay or force PTO

The law spells out what employers owe. They must pay nursing workers their normal rate during pumping breaks, no exceptions.

They can’t make employees use vacation days, sick leave, or other paid time off to cover that time. If a worker already gets regular breaks, pumping time can overlap with those.

But if a nursing employee needs more time beyond those breaks, the employer has to pay for that too.

One exception exists, but it’s narrow

There is one way out for employers. They can skip the paid break rule if they prove it would cause an “undue hardship,” a legal term under the Illinois Human Rights Act.

That means the cost or disruption would be too much for the business to handle. The state looks at factors like company size, finances, and how the breaks affect daily operations.

Legal experts say most mid-sized and larger employers will have a tough time making that case.

Private pumping spaces aren’t new here

Illinois has required employers to provide a private room for pumping since 2001. The space has to be near the work area, and it can’t be a bathroom.

That part of the law didn’t change with this update. What changed is the pay.

Before, the state required the space but left the question of whether pumping time should be paid somewhat unclear.

Lawmakers fixed a gap from 2018

The state first passed its Nursing Mothers in the Workplace Act in 2001, and back then, pumping breaks were clearly unpaid.

In 2018, lawmakers removed the word “unpaid” and added language saying employers couldn’t reduce pay for pumping time. But that still didn’t say breaks had to be paid, which left room for confusion.

SB 212 settles the question.

The full text of the enacted law now clearly states that employers must pay workers at their regular rate.

Bill passed with wide support

State Sen. Laura Fine led the push for SB 212. The bill sailed through the Illinois Senate with a 50-3 vote and passed the House 82-27.

Pritzker signed it on Aug. 1, 2025, and set it to take effect on Jan. 1, 2026.

The wide margins show the measure had support from both sides of the aisle, even though a handful of lawmakers voted no.

Illinois now goes beyond federal rules

The federal PUMP for Nursing Mothers Act, signed in December 2022, requires employers to give workers break time and a private space for pumping.

But federal law does not require paid breaks for hourly workers. Illinois now does.

The state also covers a much wider range of workplaces.

Federal law only lets employers with fewer than 50 workers claim a hardship exemption, as outlined in a Department of Labor guidance bulletin. Illinois sets that bar at more than five employees.

Few states require paid pumping breaks

Most states either say pumping breaks are unpaid or don’t address pay at all. Illinois joins a small group that requires employers to pay for that time.

New York offers up to 30 minutes of paid break time each time an employee needs to pump. Georgia also requires paid breaks.

According to a national review of state lactation laws, Illinois now ranks among the states with the strongest workplace protections for nursing mothers.

Working parents lose less income now

Before this law, many nursing employees had to clock out or burn through personal leave just to pump. That meant lost income at a time when families are already stretched thin.

Paid breaks take away the financial pressure to skip pumping sessions or rush back before mother and baby are ready. The law also protects workers from having their pay docked for taking the time they need.

Employers who break the rules could face legal consequences.

Employers need to update their policies

Businesses across Illinois should take a close look at their break and lactation policies now. Employee handbooks and timekeeping systems may need updates to reflect the paid break rule.

Supervisors and managers should know what the law requires, so they don’t accidentally violate it. Any old policies that made workers code-pumping time against their PTO are no longer allowed.

Law joins a wave of new protections

This law is one of more than 300 new Illinois laws taking effect in 2026.

Nationally, workplace protections for nursing mothers have grown steadily since the federal Break Time for Nursing Mothers law passed in 2010.

The 2022 PUMP Act expanded those protections to salaried workers who had been left out. Illinois’s decision to require paid breaks fits a broader push at the state level to go further than federal minimums.

What nursing workers should know

If you work in Illinois and you’re a nurse, here’s the bottom line.

Your employer must pay you at your regular rate during pumping breaks for up to one year after your child’s birth. They can’t force you to use vacation or sick days.

They must give you a private space that isn’t a bathroom. If your employer refuses, you may have legal options under both state and federal law.

This article was created with AI assistance and human editing.

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