At a glance
- Illinois is significantly expanding worker protections through new compensation rules, enhanced enforcement powers, and broader leave entitlements, reflecting a strong pro-employee legislative trend.
- Nursing mothers: From January 1, 2026, employers must compensate break time used to express breast milk at the employee’s regular rate for up to one year post-birth, without requiring paid leave usage.
- Wage theft enforcement: Effective August 1, 2025, SB 2164 strengthens the Illinois Department of Labor’s enforcement powers, increases penalties, and enhances employee protections under the Wage Payment and Collection Act.
- Military leave: SB 220, effective August 1, 2025, introduces paid leave for military funeral honors, allowing up to 40 hours annually for qualified employees, with safeguards for staffing-sensitive environments.
- Worker rights: SB 1976 prohibits state agencies from weakening worker protections below federal standards unless authorized by post-April 2025 legislation.
- Human Rights Act: From 15 August 2025, SB 2487 makes fact-finding conferences discretionary and introduces new civil penalty provisions.
- Neonatal leave: Starting June 1, 2026, employers with 16 or more staff must provide job-protected, unpaid leave for NICU hospitalization under the Family Neonatal Intensive Care Leave Act.
- Blood and organ donation leave: From January 1, 2026, HB 1616 extends eligibility to part-time employees, ensuring broader access to donation-related leave.
Nursing mothers
Effective January 1, 2026, changes to the Nursing Mothers in the Workplace Act under Illinois Senate Bill (SB) 212 will require employers to compensate employees for break time used to express breast milk for up to one year after the child's birth. The break time must be compensated for at the employee's regular rate of pay, and employers cannot require the use of paid leave or reduce pay in any other form during this break time.
Wage theft
Effective August 1, 2025, Illinois SB 2164 amends the Illinois Wage Payment and Collection Act to expand enforcement powers for the Illinois Department of Labor, increase penalties for wage violations, and strengthen employee protections.
Military leave
Effective August 1, 2025, Illinois SB 220 updates and expands the Family Military Leave Act, renaming it to 'Military Leave Act' and adding new provisions for paid leave related to military funeral honors for employers with 51 or more employees. Qualifying employees are entitled to use up to eight hours of paid leave per calendar month, with a maximum of 40 hours per year, to participate in funeral honors details. To qualify, employees must be trained to serve in a funeral honors detail and either (1) be an active or retired member of the U.S. Armed Forces or reserve components, including the Illinois National Guard, or (2) be an authorized provider or affiliated with an authorized provider such as a nonprofit. Qualified employees must give reasonable notice to the employer, and the employer is allowed to request confirmation of participation from the relevant veteran service organization or other official notice. Employers must pay the participating employee at their regular rate of pay during such leave. Employers can deny requests for military funeral honors leave if allowing such leave would reduce staffing in sensitive environments that would drop below safe or legal limits (except where a collective bargaining agreement applies).
Worker rights
Illinois SB 1976 creates the Workers' Rights and Worker Safety Act and provides that, except as authorized by State law enacted after April 28, 2025, a State agency may not amend or revise the State agency's rules in a manner that is less stringent in its protection of workers' rights or worker safety than requirements established under federal wage and hour law or federal coal mine safety law as the federal law existed on April 28, 2025.
Illinois Human Rights Act
Effective August 15, 2025, Illinois SB 2487 amends the Illinois Human Rights Act related to fact-finding conferences and introduce new civil penalty provisions. The law makes it discretionary rather than mandatory that the Department of Human Rights conduct a fact-finding conference.
Neonatal leave
Effective June 1, 2026, the Family Neonatal Intensive Care Leave Act (Act) will require Illinois employers with sixteen or more employees to provide job-protected, unpaid leave for parents during a child’s NICU hospitalization. The amount of leave required depends on the employer’s size. The Act provides for other employer requirements and employee protection.
Blood and organ donation leave
Effective January 1, 2026, Illinois HB 1616 amends eligibility for the Blood and Organ Donation Leave Act. It changes 'an employee' to 'any participating employee or part-time employee,' clarifying that this act applies to both full-time and part-time employees.
More to explore
