Illinois Workplace Break Laws: What You Need To Know

In Illinois, the One Day Rest in Seven Act (ODRISA) governs meal breaks. The law mandates that employers provide specific meal breaks based on work hours and schedules, ensuring employees receive adequate rest during the workday. Under the ODRISA, employers must allow employees who work for 7.5 continuous hours or longer to take a meal break of at least 20 minutes no later than 5 hours after the start of the work period. For a 12-hour shift, an additional 20-minute break is mandated. If an employee chooses not to take either break, they must be paid. The state of Illinois also has specific break laws for minors, nursing mothers, pregnant employees, and hotel room attendants.

Meal breaks

Illinois's meal break laws are governed by the One Day Rest in Seven Act (ODRISA) under Illinois Compiled Statutes (ILCS). The law mandates that employers provide specific meal breaks based on work hours and schedules, ensuring employees receive adequate rest during the workday.

Under 820 ILCS 140/3, Illinois law stipulates that every employer shall:

> "Permit its employees who are to work for 7 1/2 continuous hours or longer to take a meal period of at least 20 minutes for every such 7 1/2 hour period beginning no later than 5 hours after the start of the work period."

Here's a breakdown of the meal break requirements in Illinois:

• For shifts less than 7.5 hours, no meal break is required.
• For shifts of 7.5 hours or more, a 20-minute meal break is mandatory and must be offered within the first 5 hours of the shift.
• For shifts exceeding 12 hours, an additional 20-minute unpaid meal break is required for every additional 4.5 hours worked.

It's important to note that these meal breaks are unpaid, provided that the employee is relieved of all work duties and can leave the worksite. Additionally, reasonable restroom breaks should be provided separately from meal breaks to ensure employees have adequate time for personal needs.

The Fair Labor Standards Act (FLSA) also impacts rest break policies in Illinois. While FLSA does not mandate rest breaks, it requires that short rest breaks provided by employers (typically 5 to 20 minutes) be treated as paid time and counted as hours worked.

In Illinois, specific break requirements are also in place for hotel room attendants, nursing mothers, pregnant employees, and minors. Hotel room attendants in certain counties are entitled to two 15-minute paid rest breaks and one 30-minute unpaid meal period for every 7 hours worked. Nursing mothers are provided with reasonable break time for up to one year after childbirth, and their compensation cannot be reduced for this time. The Pregnancy Rights in Illinois Act mandates that employers make reasonable accommodations for pregnant employees, including providing breaks to address their needs. Minors working more than 5 hours must receive a 30-minute meal break no later than 5 hours after the start of the workday.

To summarize, Illinois's meal break laws under ODRISA ensure that employees receive necessary rest during their workday. Employers are required to provide 20-minute meal breaks for shifts of 7.5 hours or longer, with additional breaks for longer shifts. These breaks are unpaid, but employers must also provide separate, reasonable restroom breaks. By adhering to these laws, employers can promote a healthy and productive work environment for their employees.

Rest breaks

Illinois' rest break laws are governed by the One Day Rest in Seven Act (ODRISA). Under this legislation, employers are required to provide reasonable restroom breaks during the workday, separate from any meal breaks. This means that employees can use the restroom without it affecting their meal break entitlement.

The Fair Labor Standards Act (FLSA) also influences rest break policies in Illinois. Although the FLSA does not mandate rest breaks, it requires that short breaks (typically lasting 5 to 20 minutes) provided by employers be treated as paid time and counted as hours worked. This means that if an employer offers a short break, it must be paid according to FLSA standards.

In addition to the above, Illinois mandates specific break laws for certain employees. For example, hotel room attendants in Illinois are entitled to two 15-minute paid rest breaks and one 30-minute unpaid meal period for every 7 hours worked. This is only applicable in counties with a population greater than 3 million, such as Cook County.

Breaks for nursing mothers are also addressed in Illinois law. The Illinois Nursing Mothers in the Workplace Act requires employers to provide reasonable break time for nursing mothers to express milk for up to one year after childbirth. This break time should be in addition to any other breaks already provided, and employers must provide a private space that is not a bathroom.

Illinois law also provides protections for pregnant employees. The Pregnancy Rights in Illinois Act mandates that employers make reasonable and non-discriminatory accommodations for pregnant workers, including providing breaks to address pregnancy-related needs such as more frequent bathroom breaks and short rest periods to prevent overexertion.

It is important to note that there are certain employees who are exempt from Illinois' meal and rest break laws. These include watchmen, security guards, part-time employees, agricultural and coal mining employees, government employees, seasonal production employees, and executive, administrative, professional, and outside sales employees.

Breaks for nursing mothers

Illinois has several laws in place to protect the rights of nursing mothers in the workplace. The Illinois Nursing Mothers in the Workplace Act requires employers to provide "reasonable break time" for nursing mothers who need to express breast milk for their infants. This protection extends for up to one year after the child's birth.

The act also requires employers to make reasonable efforts to provide a private space, other than a toilet stall, for nursing mothers to pump. This space must be in close proximity to the workspace. According to the Illinois Human Rights Act, employers are prohibited from reducing an employee's compensation for time spent expressing milk or nursing an infant.

The only exemption to this law is if an employer can demonstrate that providing these accommodations would cause undue hardship due to difficulty or expense.

Breaks for pregnant employees

Illinois law goes beyond federal requirements to protect the rights of pregnant employees. The Pregnancy Rights in Illinois Act mandates that employers make reasonable and non-discriminatory accommodations for pregnant workers. This includes providing breaks to address pregnancy-related needs, such as:

• Allowing more frequent bathroom breaks as needed.
• Providing short break periods to prevent overexertion or fatigue.
• Adjusting work duties, schedules, or the work environment to accommodate pregnancy-related limitations.

Under the Act, not providing reasonable pregnancy-related accommodations is prohibited.

Pregnant employees in Illinois are entitled to accommodations under a new amendment to the IL Human Rights Act. The Illinois Pregnancy Accommodation amendment requires employers to make reasonable accommodations for a pregnant employee even if her impairment does not meet the official test to be determined a “disability”. This is a change from prior disability discrimination laws, which did not cover accommodations for most pregnant employees, who were otherwise healthy. Under the law, Illinois employers may be required to make accommodations for virtually every pregnant employee, depending on the job.

Reasonable accommodations under the law may include assistance with manual labor or heavy lifting. It may also include providing a chair, bar stool, or other seating for the employee while working. In many cases, reassigning an employee to a different position temporarily is a reasonable accommodation. So is allowing the employee to opt for a “light duty” assignment, or reassigning certain tasks to other employees. Allowing pregnant employees more frequent bathroom breaks is a common accommodation. Depending on the employee and circumstances, it may also be necessary to allow employees more frequent breaks to drink water or consume snacks (or to allow water and snacks at the workstation).

Exemptions

The following employees are exempt from Illinois meal break laws:

• Watchmen and security guards: These roles are excluded due to the nature of their duties, which requires them to be alert and responsive at all times.
• Part-time employees: Employees who work fewer than 20 hours per week are not covered under the meal and break mandates.
• Agricultural and coal mining employees: The nature of work in these industries often involves unique work environments and unpredictable work schedules that may necessitate different break arrangements.
• Government employees: The break policies for government employees are typically determined by regulations or collective bargaining agreements specific to the public sector.
• Seasonal production employees: Similar to agricultural workers, seasonal production employees often experience fluctuating workloads and schedules, requiring flexibility in break policies.
• Executive, administrative, professional, and outside sales employees: As defined by the Fair Labor Standards Act (FLSA), these roles typically involve higher levels of responsibility and independent judgment, requiring flexible scheduling.
• Unionized employees with collective bargaining agreements: If a collective bargaining agreement addresses breaks, those provisions may supersede the general requirements of the One Day Rest in Seven Act (ODRISA). However, if the agreement does not specifically mention breaks, the state labour laws will apply.

It is important to note that employers must maintain proper documentation to support any claimed exemptions, including job descriptions, time records, and collective bargaining agreements.

Frequently asked questions