Nursing Mothers in the Workplace

The State of Illinois Nursing Mothers in the Workplace Act (820 ILCS 260/1), and the Federal Patient Protection and Affordable Care Act of 2010 (PPACA) provide working mothers with reasonable break time during normal business hours to express breast milk.

These rest periods must be provided in a suitable, private location, other than a bathroom, which is located in close proximity to the employee's work area. The breaks may be concurrent with regularly scheduled break times or lunches.


Compensation

It is not required that employees be paid during these break times; however, nursing mothers should still be paid for short breaks otherwise given to employees. If the nursing mother's breaks exceed the normal break time given to other employees, supervisors may allow non-exempt employees (Civil Service and other hourly employees) to make up the time or use accrued vacation leave in accordance with University leave provisions. Exempt employees would not need to make up the time or use vacation leave unless the total break time exceeds a half day of work.

An employee who does make up the time will be paid the same rate as paid for normal working hours. Employers should make a good faith effort to permit an employee to make up time, but if no reasonable opportunity exists the employee will not be paid for the time.


Policies

Policy and Rules for Civil Service Staff

Rule 4.04 - Work Shifts and Hours
Policy 7 - Vacation and Personal Leave
Rule 7.08 - Make-up time and Compensatory Time Off