Illinois Break Laws (2026)

Every employer shall permit employees 'who are to work for 7 1/2 continuous hours' at least 20 minutes for a meal period 'beginning no later than 5 hours after the start of the work period.' An employee who works in excess of 7 1/2 continuous hours is entitled to an additional 20-minute meal period 'for every additional 4 1/2 continuous hours worked' (e.g., a 12-hour shift gets two). Reasonable restroom time does not count as the meal period.

Who's covered

All employers. Excludes employees whose meal periods are set by collective bargaining (if the CBA does not specify meal breaks, ODRISA applies per IDOL); employees monitoring individuals with developmental disabilities/mental illness who must be on call for an entire 8-hour period (must be allowed to eat while monitoring); and privately employed EMS-licensed individuals on call for an entire 8-hour period (must be allowed to eat while on call). Separate rule for hotel room attendants in Cook County (county >3,000,000).

Longer shifts

Additional 20-minute meal period for every additional 4 1/2 continuous hours worked beyond 7 1/2 (i.e., at 12 hours, 16.5 hours,...). IDOL example: an 8 a.m.-8 p.m. shift needs a first meal before 1 p.m. and a second before 6 p.m. Hotel room attendants (Cook County): one 30-minute meal period plus two paid 15-minute rest breaks each workday of at least 7 hours.

Paid or unpaid

Statute does not require pay; federal rule applies (20-minute meal can be unpaid only if employee is completely relieved of duty; note DOL treats breaks under ~20 minutes as compensable rest unless bona fide meal).

Waivers

No individual waiver; collective bargaining agreements that establish meal periods control.

Exemptions

CBA-established meal periods; on-call developmental-disability/mental-illness monitors and private EMS licensees (must be allowed to eat while on duty).

Source: 820 ILCS 140/3 (One Day Rest in Seven Act), as amended by P.A. 102-828 eff. 1-1-2023; 820 ILCS 140/3.1 (hotel room attendants)

No general rest-break requirement. Exception: hotel room attendants at hotels/transient-occupancy establishments in a county of more than 3,000,000 (Cook County) must receive at least two 15-minute PAID rest breaks and one 30-minute meal period each workday on which they work at least 7 hours; they may not be required to work during breaks, and a break room with seating, tables and free drinking water must be available.

No person shall employ, allow, or permit any minor (under 16) to work for more than 5 hours continuously without an interval of at least 30 minutes for a meal period; a period of less than 30 minutes does not interrupt a continuous period of work. IDOL: a scheduled meal period of at least 30 minutes must be provided no later than the 5th consecutive hour of work. 16- and 17-year-olds follow the adult ODRISA rule.

Source: 820 ILCS 206/35(d) (Child Labor Law of 2024, P.A. 103-721, eff. 1-1-2025)

Employers with more than 5 employees (excluding the employer's immediate family), including the State and political subdivisions, must provide reasonable break time each time an employee needs to express breast milk for her nursing infant, for one year after the child's birth. Break time may run concurrently with existing breaks. Since Jan. 1, 2026 the employer 'shall compensate the employee during the break time at the employee's regular rate of compensation' and may not require use of paid leave or otherwise reduce compensation (since 2018 the law already barred reducing pay for pumping time). Paid reasonable break time must be provided as needed unless it would create an undue hardship as defined in the Illinois Human Rights Act §2-102(J). Employers must make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, for private expression.

Pay: PAID at the employee's regular rate of compensation (P.A. 104-76, eff. 1-1-2026); employer may not require use of paid leave.

Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.

Source: 820 ILCS 260/5, 10, 15 (Nursing Mothers in the Workplace Act), as amended by P.A. 100-1003 (2018) and P.A. 104-76 (eff. 1-1-2026)

ODRISA §7: violations of the meal-period (§3), day-of-rest (§2) or hotel-attendant (§3.1) rules are civil offenses: employers with fewer than 25 employees owe a penalty up to $250 per offense to IDOL plus damages up to $250 per offense to the employee; employers with 25 or more employees, up to $500 and $500. Each day an employee is not provided a required meal period is a separate offense. Hotel room attendants: 3 times the regular hourly rate for each workday required breaks were not provided (§3.1(f)).

Under federal law, a “meal” break during which the employee keeps working is paid time — and can create unpaid overtime. Check the Illinois overtime rules.