Legal Question in Employment Law in Illinois

I'm employed with the state of Illinois and I am breastfeeding. My employer states that I can only pump either two 15 minute breaks or one 30 minute break for 8 hour shift. According to the US department of labors website it states as frequent as needed. I have had to miss work due to infections from not being able to get relieved to pump. Can I take any legal action?


Asked on 1/18/12, 10:57 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

This is what Illinois state law provides on breastfeeding in the workplace:

(820 ILCS 260/10)

Sec. 10. Break time for nursing mothers. An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this Section if to do so would unduly disrupt the employer's operations.

(Source: P.A. 92-68, eff. 7-12-01.)

Your employer's interpretation of the law is wrong. We are happy to speak with you about this issue.

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Answered on 1/19/12, 6:27 am


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