Illinois recently passed the Family Neonatal Intensive Care Act (https://sandbergphoenix.com/illinois-family-neonatal-intensive-care-act-now-in-effect/), providing new parents who have an infant in the NICU was job-protected, though unpaid, leave.
Effective earlier this year, on January 1, 2026, Illinois also granted additional protections to mothers who are breastfeeding their babies.
The Illinois Nursing Mothers in the Workplace Act requires employers with more than five (5) employees to provide reasonable, paid break times – at the employee’s regular pay rate – for the mother to pump breast milk for up to one (1) year following the birth of a child.
Importantly, the breaks under this Act do not count as Family and Medical Leave Act time. This is an additional requirement employers must comply with. Employers cannot require breastfeeding mothers to use FMLA time before being eligible under this Act.
The Act does not specify the length or frequency of breaks to pump breast milk that an employer must provide the employee. Employers should be cautious about setting rigid policies. Instead, employers and employees should clearly communicate expectations and needs to find a schedule that is mutually workable.
As a working mom of young kids, I am excited to see statutes like this one enacted. My hope is that we continue to see more support given to working parents.
