Is your IL employer legally required to give you breaks at work? What the law says
Are you legally entitled to a lunch break at work in Illinois? The state’s department of labor regulates how many consecutive hours and days an employer can require you to work, and the rules differ for minors with jobs.
Many states, including Kentucky, Tennessee, Minnesota and others mandate employees to give workers breaks after a certain number of hours on the clock.
Illinois state law entitles workers to up to one week of paid leave under the Paid Leave for All Workers Act as of 2024.
Those looking for work in Illinois can check out a variety of remote options, as well as jobs with the Illinois state government or with a southern Illinois marketing company recognized by Inc.com for being among the “best workplaces.”
Here’s what to know about Illinois state law on meal breaks, time to use the restroom and more.
Is your Illinois employer required to give you breaks?
Illinois employers are required to provide workers with breaks if they are working a long enough shift.
“Illinois law says if you work a 7.5-hour day, you have an entitlement to a 20-minute meal period, and that should begin no later than 5 hours after you started work,” Teri Ross, executive director of Illinois Legal Aid Online, said in an Aug. 8 interview with the Belleville News-Democrat.
An employee who works more than 7.5 continuous hours is entitled to an additional 20-minute break for every additional 4.5 continuous hours worked, according to the Illinois state law.
In addition to the mandated meal breaks, employees are also entitled to “reasonable” restroom breaks. These breaks do not count against the time allotted for their meal breaks.
The Illinois state law mandating employers to provide breaks, the One Day Rest in Seven Act, also requires employers to give employees a minimum of 24 hours off work within every seven-day consecutive period.
Employers can secure a permit from the state’s department of labor for employees to work on the seventh day if the employees “have voluntarily agreed to work” and are paid at the applicable overtime rate if they work more than 40 hours per week.
The one day in seven off work and meal break provisions do not apply to those whose meal periods and days off are governed by collective bargaining agreements, according to the state department of labor, but the state law applies if the union contract does not specify meal breaks or a day off.
Employers cannot force employees to work during their meal break, but if an employee does work during their break, “they must be paid,” according to the Illinois Department of Labor.
If your employer is violating the One Day in Seven Rest Act by making you work through your meal break or requiring you to work seven consecutive days, you can file a complaint with the Illinois Department of Labor.
Employers that violate the act and have fewer than 25 employees are subject to fines of up to $250 payable to the employee, as well as up to $250 payable to the state agency per offense.
Employers with 25 or more employees are subject to fines of up to $500 each to the employee and the department per offense for violating the provision. Each day an employee is not provided a meal period and each consecutive seven-day period in which an employee is not given a rest day constitutes a separate offense per employee, the IDOL reports.
Illinois employment law differs for children younger than 16, who are entitled to 30-minute meal breaks. Several other restrictions on children’s work schedules also apply and can vary depending on positions, such as hotel room attendants and employees who monitor people with developmental disabilities.
Illinois state law on rest breaks does not have a provision specific to those who work in extreme temperatures, but a bill was proposed in February that aims to provide additional protections based on temperature.
The “Workplace Extreme Temperature Safety Act” would define excessive heat and cold standards and require employers to take precautions for worker safety, including requiring paid rest breaks. Employees affected by heat would be entitled to access to shade, cool-down areas or air conditioning, and workers affected by the cold would be required to have access to sheltered warming stations.
The proposed act also aims to limit the length of time an employee may be exposed to heat or cold during the workday and provide emergency response to those affected by cold or heat, as well as other provisions.
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