Illinois Meal and Break Laws

Federal law does not require employers to provide break periods for meals or rest. However, short breaks (e.g. to use the restroom) from 5 to 20 minutes in length are to be paid according to the employee’s hourly or salaried compensation. Some states have laws about work breaks that differ from the FLSA, including Illinois. Learn more about the Illinois meal and break laws to ensure compliance.

Do Illinois Break Laws Differ From Federal Break Laws?

Whereas federal law does not require employers to provide break periods, the Illinois “One Day Rest in Seven Act” (ODRSA) allows employees one meal break per shift of 7.5 hours or more.

Illinois Meal Break Laws

For every 7.5 hours worked, Illinois state law allows one meal break to be taken no later than 5 hours from the start of the shift. For a 12-hour shift, state law mandates an additional 20-minute break. If an employee chooses not to take either break, they must be paid. Reasonable restroom facility use is to be provided in addition to mandated break periods. Additional breaks are provided by law for hotel room attendants (defined as those who “clean or put in order hotel guest rooms”): two 15-minute rest breaks and one 30-minute meal break are required for every 7 hours worked.

Illinois Break Laws for Minors

In addition to state laws governing the number of hours and times of day minors aged 14-15 may work, employers must also provide a scheduled 30-minute meal break no later than 5 hours from the start of a shift. Minors are not permitted to work more than 8 hours per day, so the additional 20-minute break regulation doesn’t apply. 

Illinois Break Laws for Mothers

The state of Illinois’ Nursing Mothers in the Workplace Act requires employers to allow “reasonable break time” to a nursing mother who needs to pump breast milk for an infant. The act provides for these breaks to be taken as needed for one year after the child’s birth. The employer is required to “make reasonable efforts” to provide a private place (that is not a toilet stall) in proximity to the work space for the purpose of pumping.

Illinois Day of Rest Laws

In Illinois, the ODRSA requires employers to provide at least 24 hours of rest for every seven consecutive work days. Employers may request a relaxation from the requirement from the Illinois Department of Labor by providing a statement that any employee working the seventh day is an unpaid volunteer.

Illinois Break Room Requirements

For hotel room attendants only, employers are required to provide a room on the premises with tables and seating for the two allowed 15-minute and one allowed 30-minute breaks per 7 hour shift. Employers are required to provide complimentary clean drinking water in the break room.

Illinois Penalties for Breaking Rest and Break Laws

Employers found in violation of Day of Rest, Meal Break, or Hotel Attendant provisions will be guilty of a civil offense with the following penalties:

• Employers with fewer than 25 employees must pay up to $250 per offense to both the Illinois Department of Labor and the affected employee(s)
• Employers with 25 or more employees must pay up to $500 per offense to both the IDOL and the affected employee(s)

Offenses are defined as each day an employee was denied their break(s) and each week an employee was denied their day of rest.

Common Illinois Break Law FAQs

How early can I take my lunch break in Illinois?

You can take your lunch break 5 hours after your shift has started.

How many breaks in a 6-hour shift in Illinois?

Your employer is not required by law to offer any breaks in a 6-hour shift. However, the law requires that 14- and 15 year-old minors are provided with a 30-minute meal break no later than 5 hours into work.

How many breaks in an 8-hour shift in Illinois?

Your employer is required by law to offer you a 30-minute meal break in an 8-hour shift. Hotel attendants are also mandated two additional 15-minute breaks in a break room with drinking water.

How many breaks in a 12-hour shift in Illinois?

Your employer is required by law to offer you both a 30-minute meal break and a 20-minute break during a 12-hour shift.

Is it legal to work 7 days straight in Illinois?

By state law, it is not legal for an employer to require you to work more than 6 days in a row without a 24 hour rest period. You are permitted to volunteer on the 7th day if your employer provides documentation to the IDOL.

Can I waive my lunch break in Illinois?

You may work through your lunch break but your employer is obligated to pay you for that time.

Illinois Department of Labor