Breaks and meal periods - Illinois

Summary of differences between federal and state regulations

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks. However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.

Illinois requires that hotels and other establishments licensed for transient occupancy that are located in a county with a population greater than 3,000,000 provide certain breaks to hotel room attendants. Under the statute a “hotel room attendant” means a person who cleans or puts in order guest rooms in a hotel or other establishment licensed for transient occupancy. Employers must provide a minimum of two 15-minute paid rest breaks in each workday on which a hotel room attendant works at least seven hours. An employer may not require any hotel room attendant to work during a break period.

An employer of hotel room attendants must also make available at all times a room on the employer's premises with adequate seating and tables for the purpose of allowing hotel room attendants to enjoy break periods in a clean and comfortable environment. The room shall have clean drinking water provided without charge.

Employers of hotel room attendants must keep a complete and accurate record of the break periods of hotel room attendants.

Illinois also has a provision for nursing mothers.

Nursing Mothers in the Workplace Act

Effective August 21, 2018, an amendment to this act requires every employer with five or more employees (not counting family members) to offer paid, reasonable break time each day to an employee who needs to express breast milk for her infant child for up to one year after the child’s birth. The amendment explicitly states that employers “may not reduce an employee's compensation for time used for the purpose of expressing milk or nursing a baby.” The break time may run concurrently with any break time already provided to the employee, but the employee must still be paid if the time spent expressing breast milk runs longer than the scheduled break. An employer is not required to provide break time if doing so would create an undue hardship as defined by the Illinois Human Rights Act. An employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where an employee can express her milk in privacy.

Meal periods

Federal law does not require that employers provide meal periods. Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break. During meal periods, the employee must be completely relieved from duty. Bona fide meal periods are not considered work time and are not compensable. If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

Illinois requires that an employee who is scheduled to work 7½ continuous hours or more will receive an unpaid meal period of at least 20 minutes. The meal period must be given no later than five hours after beginning work.

Hotels and other establishments licensed for transient occupancy that are located in a county with a population greater than 3,000,000 must provide employees who work as hotel room attendants at least one 30 minute meal period in each workday in which the hotel room attendant works at least seven hours.

In May 2022, the governor amended the One Day Rest in Seven Act to expand meal periods. Employees who work in excess of 7.5 continuous hours are entitled to an additional 20-minute meal period for every additional 4.5 continuous hours worked.

A meal period does not include reasonable time spent using the restroom facilities. Also, employers must allow every employee (limited exceptions) at least 24 consecutive hours of rest in every consecutive 7-day period calendar week in addition to the regular period of rest allowed at the close of each working day.

State

Contact

Illinois Department of Labor

Regulations

Illinois Compiled Statutes, (820 ILCS 140/3) (from Ch. 48, par. 8c)

Sec. 3. Every employer shall permit its employees who are to work for 7½ continuous hours or longer, except those specified in this Section, at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period.

This Section does not apply to employees for whom meal periods are established through the collective bargaining process.

This Section does not apply to employees who monitor individuals with developmental disabilities or mental illness, or both, and who, in the course of those duties, are required to be on call during an entire 8 hour work period; however, those employees shall be allowed to eat a meal during the 8 hour work period while continuing to monitor those individuals.

Administrative Code Title 56, Chapter I, Subchapter b, Part 220, Section 220.800 Employees working in excess of 7½ hours

The meal period required in Section 3 of the Act, (Illinois Revised Statutes, 1977, Chapter 48, par. 8C) shall be required in each continuous 7½ hour period worked by an employee.

Nursing Mothers in the Workplace Act

Ill. Rev. Stat. ch. 820 § 260

Federal

Contact

The US Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.