Illinois

Pregnancy and Work in Illinois

Protection Against Pregnancy Discrimination
Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees are prohibited from discriminating against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions the same way as other temporary medical conditions regarding hiring, firing, pay, job assignments, and promotions.

Illinois has additional state-level protections through the Illinois Human Rights Act (IHRA), which prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must not treat pregnant employees unfairly or force them to take leave if they are still able to perform their job.

Workplace Accommodations
Federal law, such as the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA), may require reasonable accommodations for pregnancy-related conditions. The PWFA grants employees the right to request accommodations like extra breaks, flexible scheduling for doctor appointments, time off for recovery after childbirth or miscarriage, light-duty work, remote work, and other workplace adjustments. Also, in Illinois, the Health and Family Services Act (HFSA) further supports workplace accommodations for pregnant workers. The law mandates that employers must provide reasonable accommodations for pregnancy and related conditions if it does not pose an undue hardship on the employer.

Workplace Safety for Pregnant Workers
Employers must ensure a safe working environment for pregnant employees. Pregnant employees can report unsafe conditions to the Occupational Safety and Health Administration (OSHA). Illinois law also requires employers to take appropriate measures to minimize pregnancy-related risks in the workplace.

Taking Time Off Work

Family and Medical Leave Act (FMLA)
Under FMLA, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions, including pregnancy-related issues. Eligibility requirements include:

• Working for an employer with 50+ employees within 75 miles.
• Having worked for the employer for at least 12 months.
• Having logged at least 1,250 hours in the past year.

Illinois Family and Medical Leave Act (IFMLA)
Illinois provides its own Family and Medical Leave Act that extends similar protections to employees who work for public and private employers with at least 50 employees within a 75-mile radius. The IFMLA allows up to 12 weeks of unpaid leave for the birth of a child, adoption, or to care for a family member with a serious health condition. This act applies in addition to FMLA, and some employees may be eligible for both.

Pregnancy Leave
Illinois employers must allow pregnancy-related leave if they provide medical or sick leave for other conditions. While this leave is often unpaid, employees may have access to other forms of leave under company policy or contractual agreements.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the Fair Labor Standards Act (FLSA), employers must provide

• Reasonable break times for nursing mothers to pump breast milk for up to one year after childbirth.
• A private space for pumping that is not a bathroom.

Small businesses with fewer than 50 employees may be exempt if providing this accommodation creates an undue hardship.

The PUMP for Nursing Mothers Act (signed into law in December 2022) extends these rights to a broader range of employees, including agricultural workers, teachers, and others.

Parental Rights for Sick or Family Leave
Employees may qualify for unpaid leave under FMLA or IFMLA to care for a sick child or other family members with serious health conditions.

Workplace Protections for New Parents

Equal Pay
Illinois law ensures equal pay for equal work, regardless of gender or parental status. The Illinois Equal Pay Act prohibits wage discrimination based on sex, including parental leave status.

Employment Termination
Employers cannot terminate or retaliate against employees for taking protected leave under FMLA or IFMLA or for requesting pregnancy-related accommodations.

Job Protection
FMLA and IFMLA guarantee that employees can return to the same or an equivalent position after taking parental leave. Employers must reinstate employees to their prior positions or provide a comparable job with the same terms and conditions.

Support for Parents in Illinois

Childcare Assistance
Illinois offers programs like the Child Care Assistance Program (CCAP), which helps working parents with the cost of childcare.

Temporary Assistance for Needy Families (TANF)
Illinois provides financial assistance to low-income families, including those with new babies, through the Temporary Assistance for Needy Families (TANF) program.

Flexible Work Policies
Some Illinois employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits package, though this varies from employer to employer.

Breastfeeding-Related Rights in Illinois

Break Time for Nursing Mothers: Under the Fair Labor Standards Act (FLSA), employers are required to provide reasonable break times for nursing mothers to express breast milk for their nursing child for up to one year after the child’s birth. Employers must also provide a private, non-bathroom space where employees can express milk, which is shielded from view and free from intrusion by coworkers or the public.

This right was further expanded by the PUMP for Nursing Mothers Act, signed into law on December 29, 2022. The PUMP Act extends these protections to a broader range of workers, including those in industries previously not covered by the FLSA, such as Agricultural workers, nurses, teachers, truck drivers and taxi drivers, homecare workers, and managers.

PUMP Act Requirements

• Employers must provide reasonable break times for nursing employees to express breast milk.
• Employers must provide a private space for pumping that is not a bathroom, free from the intrusion of coworkers or the public.
• These accommodations must be available for one year following the child’s birth, whenever the employee needs them.

These Breastfeeding-Related Rights laws and programs, both at the federal and state levels, are designed to support nursing employees as they balance their work responsibilities with the need to care for their children.