A new bill introduced in the Illinois General Assembly aims to strengthen protections for nursing mothers in the workplace. Senate Bill 212, sponsored by Senator Laura Fine (D-Glenview), proposes significant amendments to the existing Nursing Mothers in the Workplace Act.

Key Provisions

The bill introduces several important changes to support breastfeeding employees:

• Mandatory Paid Break Time: Employers would be required to provide 30 minutes of paid break time for expressing breast milk, replacing the current “reasonable break time” provision.
• Extended Coverage: This benefit would be available each time an employee needs to express milk, for up to one year after the child’s birth.
• Flexibility in Break Usage: Employees can use other paid break time or meal time for any additional time needed beyond the 30-minute allocation.
• Protection of Compensation: The bill explicitly states that employers may not reduce an employee’s compensation for time used for expressing milk or nursing a baby.

Implications for Employers

While the bill aims to provide robust support for nursing mothers, it also considers the potential impact on businesses:

• Undue Hardship Clause: Employers may be exempt from providing these breaks if doing so would create an undue hardship, as defined by the Illinois Human Rights Act.
• Concurrent Break Times: The mandated break time can run concurrently with any break time already provided to the employee, potentially minimizing disruption to work schedules.

Senator Doris Turner also introduced SB0206 which states hypoallergenic formula shall be covered under the medical assistance program for persons otherwise eligible for medical assistance who have been prescribed hypoallergenic formula by a physician.

The bill also requires the Department to take the following actions regarding hypoallergenic formula coverage:

1. Apply for any federal waivers or approvals necessary to implement this provision.
2. Upon federal approval, determine by rule the minimum amount of hypoallergenic formula an eligible person shall receive coverage for per day.

This addition to the Illinois Public Aid Code aims to ensure that individuals who need hypoallergenic formula for medical reasons can access it through the state’s medical assistance program, subject to a physician’s prescription and federal approval.