Pumping at Work in Illinois: Laws and Your Rights

In Illinois, most employers must give you paid break time to pump breast milk each time you need it, for one year after your baby's birth. Since January 1, 2026, those breaks must be paid at your regular rate, and your employer cannot make you use paid leave for them. Employers must also make reasonable efforts to give you a private place that is not a bathroom stall, close to your work area.

Here is what the law covers and how to plan. Updated November 2026. This is general information, not legal advice.

Illinois Nursing Mothers in the Workplace Act

• Who is covered: employees of Illinois employers with more than five employees.
• How long: for one year after the child's birth.
• How often: reasonable break time each time you need to express milk. There is no fixed number of breaks.
• Pay: breaks are paid at your regular rate. Your employer may not require you to use paid leave or reduce your pay for this time.
• Space: reasonable efforts to provide a room or other location, other than a toilet stall, near your work area where you can pump in private.
• Exception: an employer can be excused only if providing breaks would cause an undue hardship as defined in the Illinois Human Rights Act, which is a high bar.

The federal PUMP Act

Federal law also protects most workers who pump. The PUMP for Nursing Mothers Act requires employers to provide reasonable break time and a private, non-bathroom space, shielded from view, for one year after birth. Federal law does not require the break to be paid, but Illinois law does, and the stronger state rule applies to you.

Illinois Human Rights Act protections

The Illinois Human Rights Act treats lactation as a condition related to pregnancy. Employers must provide reasonable accommodations, such as a private space and break time, and may not treat you unfairly for needing them. This law can cover even very small employers.

How to talk to your employer

1. Before your leave ends, email your manager or HR to say you plan to pump at work.
2. Ask where you will pump and whether it has an outlet, a chair, a table and a lock or sign.
3. Share a rough schedule. Many parents pump every 3 to 4 hours, often 2 or 3 times in a workday.
4. Ask about a fridge for storing milk, or plan to bring a cooler with ice packs.
5. Keep notes of any problems, with dates.

If your rights are not respected

• Talk with HR first, in writing if possible.
• For pay and break issues under Illinois law, contact the Illinois Department of Labor.
• For discrimination or accommodation issues, contact the Illinois Department of Human Rights.
• For federal PUMP Act issues, contact the U.S. Department of Labor Wage and Hour Division.

Tips for pumping with a baby in daycare

• Pump about as often as your baby eats at daycare, to keep up your supply.
• Send the milk you pump today for tomorrow, so you are never short.
• Build a small freezer stash before you go back, but you do not need months of milk.
• Label every bottle with your baby's name and the date, as the center requires.
• Keep spare parts at work: flanges, valves, membranes and a manual pump for backup.
• Nurse at drop-off and pickup if your center allows, which can help supply.

For storage and labeling rules, see our guide to breast milk at daycare. If your baby resists bottles, read what helps when a baby won't take a bottle.

Frequently asked questions

Do Illinois employers have to pay for pumping breaks?

Yes. Since January 1, 2026, employers with more than five employees must pay you at your regular rate during pumping breaks for one year after birth.

Can my employer make me pump in the bathroom?

No. Illinois law calls for a place other than a toilet stall, and federal law requires a non-bathroom space.

How many pumping breaks can I take?

As many as you reasonably need. Illinois law does not set a fixed number.

What if I work for a small business?

The Nursing Mothers Act covers employers with more than five employees, but the Illinois Human Rights Act and federal law may still protect you.

Infant care at Children's Land

At Children's Land, infant teachers follow each baby's feeding routine from home, and our centers are open 7:00 AM to 6:00 PM. Learn about our infant program or find a location.

Related reading: Illinois Parental Leave and Going Back to Work After a Baby.