Illinois State Breastfeeding Laws

Illinois State Breastfeeding Laws

  • Ill. Rev. Stat. ch. 775 § 5/2-102 (1991) defines reasonable accommodations to include a private non-bathroom space for expressing breast milk and breastfeeding.
  • Ill. Rev. Stat. ch. 720 § 5/11-30 (1995) clarifies that breastfeeding of infants is not an act of public indecency.
  • Ill. Rev. Stat. ch. 20 § 2310/442 (1997) allows the Department of Public Health to conduct an information campaign for general public to promote breastfeeding of infants by their mothers.  The law allows the department to include the information in a brochure for free distribution to the general public.
  • Ill. Rev. Stat. ch. 20, § 1305/10-25 (1997) states that the department of health may include a program of lactation support services as part of the benefits and services provided for pregnant and breastfeeding participants in the Women, Infants and Children Nutrition Program.
  • Ill. Rev. Stat. ch. 820 § 260 (2001, 2018) creates the Nursing Mothers in the Workplace Act. Requires that employers provide reasonable unpaid break time each day to employees who need to express breast milk. The law also requires employers to make reasonable efforts to provide a room or other location, other than a toilet stall, where an employee can express her milk in privacy. The law also prohibits employers from reducing an employee's compensation for time used to express milk or to nurse a baby.
  • Ill. Rev. Stat. ch. 740 § 137/1 et. seq. (2004) creates the Right to Breastfeed Act. The law provides that a mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be; a mother who breastfeeds in a place of worship shall follow the appropriate norms within that place of worship.
  • Ill. Rev. Stat. ch. 705 § 305/10.3 (2005) amends the Jury Act; provides that any mother nursing her child shall, upon her request, be excused from jury duty.
  • Illinois Senate Resolution 170 (2011) recognizes the unique health, economic, and societal benefits that breastfeeding provides to babies, mothers, families and the community and resolves the state of Illinois to work to ensure that barriers to initiation and continuation of breastfeeding are removed and that a women's right to breastfeed is upheld.
  • Illinois House Resolution 778 (2012) urges departments that assist families and children to offer and promote educational materials about breastfeeding.
  • Ill. Rev. Stat. ch. 210, § 81/1 et. seq (2012) establish the Hospital Infant Feeding Act and requires that every hospital that provides birthing services to adopt an infant feeding policy that promotes breastfeeding. The hospital must routinely communicate this policy to staff and authorizes the posting of the policy on the hospital's website.
  • Ill. Rev. Stat. ch. 410, §140/1 et. seq (2015) create the Lactation Accommodation in Airports Act and requires that airport managers to provide a room or other location space at each airport terminal behind the airport security screening area for members of the public to express breast milk in private.
  • Ill. Rev. Stat. ch. 105 § 5/10-20.60, § 5/34-18.53 and 5/27A-5 (2017) require a public school, including a charter school, to provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding; provides for grievance procedures.
  • Ill. Rev. Stat. ch. 68 § 5/2-102 (2017) states that "reasonable accommodations" means reasonable modifications or adjustments to the job application process or work environment that enable an applicant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to be considered for the position the applicant desires or to perform the essential functions of that position.
  • Ill. Rev. Stat. ch. 25 § 130/8A-21 (2018) directs the Architect of the Capitol to designate at least one mother's lactation and wellness room in the State Capitol Building, the Howlett Building and the Stratton Building.
  • Ill. Rev. Stat. ch. 55 § 5/5-1106 (2018) provides that on or before June 1, 2019, every facility that houses a circuit court room shall include at least one lactation room or area for members of the public to express breast milk in private that is located outside the confines of a restroom and includes, at minimum, a chair, a table, and an electrical outlet, as well as a sink with running water where possible.
  • Ill. Rev. Stat. ch. 410 § 50/3.4 (2019) establishes a comprehensive list of a woman's rights regarding pregnancy and childbirth, including the right to information on breastfeeding.
  • Ill. Rev. Stat. ch. 730 § 5/5-5-3.1 (2019) expands the factors accorded weight in favor of withholding or minimizing a sentence of imprisonment to include whether the defendant is the parent of a child or infant whose well-being will be negatively affected by the parent's absence, including if the child is breastfeeding.
  • Ill. Rev. Stat. ch. 5, § 375/6.16, ch. 215, § 5/356z.33 and ch. 305, § 5/5-40 (2019) provide that donated breast milk must be prescribed by a licensed medical practitioner, provides that milk must be obtained from a human milk bank that meets quality guidelines establishes by the Human Milk Banking Association of North America or is licensed by the Department of Public Health.
  • Ill. Rev. Stat. ch. 410, §705/15-65, §705/55-21 and §705/55-35 (2019) require warning labels for adult use cannabis, there is a warning for pregnant and breastfeeding to not use cannabis.

Sources of information on state breastfeeding laws: