Illinois Lunch and Rest Breaks
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I live in Illinois and when working 6 hours a day are you required to take a 30 min lunch break and what about rest breaks? Are they required as well?
There are two facets to this question: What breaks are required by Illinois law? and, What breaks can be required by the employer?
There are 19 states that have laws requiring meal breaks for workers. There are 7 states that require rest breaks for workers. Illinois is among both groups. However, the Illinois rest and meal break laws are by far the most restrictive. In fact, according to the US Department of Labor website, the Illinois break laws apply only to workers in one occupation, in one city.
Under state law in Illinois, hotel room attendants or maids are entitled to 2 15-minute rest breaks and one 30 minute meal break in each workday of 7 hours or longer. However, the law applies only to hotels in a county with a population of more than 3 million. The only such county in
Illinois is Cook County, where Chicago is located. So under state law,
Illinois employers are only required to give breaks to employees who happen to be hotel room attendants in Cook County. However, as alert reader G.L. has pointed out, under Illinois law employees who work 7.5 hours or more are entitled to a 20-minute unpaid meal break. It must be given no later than 5 hours after the start of the shift.
The break law excludes employees whose breaks are established under a collective bargaining agreement such as a union contract. Different break standards apply to workers who monitor or mentor handicapped workers, especially those with developmental disabilities.
Most Illinois employers are under no legal obligation to give breaks to workers. However, the employer may give such breaks if he or she likes. And, the employer can legally make those breaks mandatory. This is the employer’s choice. An employer could even discipline or terminate an employee who refused to take such breaks.
For an
Illinois employee who is not a hotel maid in Cook County, the employer can give a 30-minute meal break on a 6 hour shift, or the employer can give no breaks on a 6 hour shift. It’s entirely up to the employer.
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24 Responses to “Illinois Lunch and Rest Breaks”
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April 28th, 2008 at 1:24 pm
An employee who is to work 7 1/2 continuous hours or more shall be provided an unpaid meal period of at least 20 minutes. The meal period must be given to an employee no later than 5 hours after beginning work. Illinois has no law regarding breaks. 820 ILCS 140/3.
June 2nd, 2008 at 10:07 am
They need to change that law anyone working 7.5 or more should get a half hour lunch and 2 10 minute breaks. The federal government gives that to their employees and should be the same for everyone.
July 28th, 2008 at 8:20 am
I have a exempt employee who does not want to take a lunch break and leave early to pick up a child at daycare. Is this legal that I allow this exempt employee to do this or does she need to take a lunch break in the middle of the day?
July 28th, 2008 at 8:40 am
Hi Mark! That’s a fascinating question! It seems reasonable that if the employee wants to skip her break and leave early, and it’s okay with the employer, it should be allowed.
Unfortunately, as we all know, the law is not always reasonable.
Many states exclude salary exempt employees from the meal break law. Illinois does not.
The Illinois meal break statute actually only excludes employees under two circumstances: 1)A collective bargaining agreement, or 2)An employee who monitors individuals with mental illness or developmental disabilities, and therefore must be available continously.
If neither of these applies to your employee, she must take a 20-minute unpaid meal break when she is completely relieved of all duties, daily.
It’s possible that if you and the employee entered into a written contract to forego her meal breaks, it would be legal, but you would be wise to have it drawn up by a competent attorney specializing in labor law.
August 29th, 2008 at 7:32 pm
If an employer makes breaks, not meals, a requirement, are they paid or unpaid? I have a situation where an employer is making all of his installers take 2 15 minute breaks and one 1/2 hour meal break both without pay. Is this correct in Illinois?
September 1st, 2008 at 11:22 am
Hi Christine! This is probably not correct. Under federal law (the FLSA), any break of less than 20 minutes must be paid. Assuming that the employer is large enough to be covered under federal law, he or she would have to pay the installers for the two 15 minute breaks. The half-hour meal break could be unpaid.
Thanks for a great question! Caitlin
September 23rd, 2008 at 9:47 am
I just started working a retail sales job. I told my employer I was available to work three 5-hour shifts per week. I have been scheduled for 5-hour shifts, but they require me to take a 1/2 hour unpaid lunch - which means I am only working 4 1/2 hr. shifts.
Is this correct? I think I should just get a 15-minute break and no lunch. They said if I work over 5 hours I have to take a 1/2 hour break. But if I take a 1/2 hour unpaid break I am only working 4 1/2 hrs.
This doesnt make sense to me. Please advise. Thanks
September 24th, 2008 at 6:55 am
Hi Linda! Under Illinois law, any employee who is scheduled for 5 hours or more must be given an unpaid meal break of 20 minutes. This employer is erring on the side of caution by making it a 30-minute break. Yes, they can legally do that. In most cases, it is the employer and not the employee who determines the work schedule. Even if you were in a state with no break laws, the employer could require that you clock out for a break. HTH, and thanks for reading the blogs!~ Caitlin
September 27th, 2008 at 9:55 pm
Hi, could you please tell me the IL laws for breastfeeding mothers. I have run into some problems with pumping at work and Friday was pulled aside for running a few minutes late on lunch time. Basicly I was told they only will give me 30mins and I need to just figure out how to fit pumping in on my own! I don’t even have a private designated room either! I am told to use the doctor’s office or the last patient room. These both do not lock so I always ask which to use everyday because I don’t want someone walking in on me while I am exposed. I know that IL requires employers to give breastfeeding mothers pumping time at work but to what extent? I thought they had to give me an additional 15 minute break following one that was unpaid? My lactation consultant told me I need to get in 2 pumpings during an 8 hour day or risk supply issues and possible infection from mastitis. What should I do? Do I require a doctor’s note? I am at a total loss and the worst thing is I am getting grief at a doctor’s office!!! And they knew I would require time to pump when I was interviewed and hired me anyway. Please advise and thank you.
September 27th, 2008 at 10:37 pm
Hi Alissa! Yes, the Illinois Nursing Mothers in the Workplace Law or 820 ILCS 260, passed in July 2001 applies to employers with 5 or more employees. The law requires Illinois employers to make a reasonable effort to provide a private location, other than a toilet stall, for mothers to pump breast milk. Usually that is interpreted as meaning a room with a door that locks.
In addition, employers are required to make a reasonable effort to provide mothers with sufficient unpaid time to express milk. Mothers can be asked/required to do so during their regular unpaid breaks. However, unless it will completely disrupt the employers operations, additional time must be given if required by the mother. Usually, the mother and her employer reach a mutual agreement on this issue.
Consult with your employer again to try to reach a compromise about this issue. Offer to provide a doctor’s note if required. If you still don’t receive cooperation, contact the Illinois Department of Labor to file a complaint. HTH, and thanks for reading the blogs!~ Caitlin
October 5th, 2008 at 5:41 pm
I’ve been working retail for quite some time now and my usual shift ranges 6-12 hours long, most of these do not come with any form of break or meal. I’m a supervisor thus i’m not allowed to leave the floor unless another manager/supervisor can take my place which is rarely the case. What can one do about this? i’ve mentioned it previously and i’ve gotten SOME lunches but not very many. About 5% of my days worked have a lunch.
October 6th, 2008 at 10:57 am
Hi Brian! The Illinois One Day Rest In Seven Act includes a provision that requires employers to give an unpaid meal break of at least 20 minutes to employees who work a shift of 7.5 hours or more. The meal break must occur within the first 5 hours of work. If your employer is regularly violating this law, you can certainly report him or her to the Illinois Department of Labor.
Many states have exemptions for a wide number of employees under the break law. Illinois does not. It generally exempts only those who supervise developmentally challenged individuals, or those who are covered by a collective bargaining agreement.
Many employers solve this dilemma for managers by permitting them to take a break, but requiring that the manager remain on the property or available by cell phone for emergencies. If there is another manager working with you, you can offer to relieve him or her for a break first. Presumably, they will reciprocate when they return. HTH, and thanks for posting an interesting question! ~ Caitlin
Read more about this law at: http://www.state.il.us/agency/idol/laws/Law140.htm
October 14th, 2008 at 8:03 pm
I work 10hr days and I get a 30min UNPAID break. My question, is my employer allowed to not to let me leave for this break? It’s an Il employer. I feel it’s my time they are not paying me and I should be able to leave.
October 15th, 2008 at 8:45 am
Hi Cindy! Yes, under both federal and Illinois law, employees can be required to remain on the premises during an unpaid meal break. As long as the employee is relieved of her duties, and the break is 20 minutes or more, the break can be unpaid. For a more complete answer, you can post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Caitlin
October 23rd, 2008 at 3:28 pm
I work in a manufacturing facility as a team leader. I am required to frequently stay over with no notice and work as much as 14 hours. We are on an attendance point system and it is reported by my managers that failing to stay will be punished by points added towards termination.
I was wondering if there is a limit to the amount of hours an employer in illinois can make his employees work in one day? Is there a time in which the schedule must be disclosed to the workers? Can they really make me stay with little notice?
October 23rd, 2008 at 6:23 pm
Hi Jason! Unfortunately, yes, the employer can do this. Employers in Illinois and almost every state can make employees work overtime with little or no notice. It is considered a best practice in HR to give employees as much notice as possible. However, sometimes, as when a deadline looms or a coworker calls in sick, that is impossible. There is no limit to the number of hours that an Illinois employer can require employees to work. An employer can require 100 hours per week or more (although that is not recommended.) For a more complete discussion, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Caitlin
October 31st, 2008 at 5:25 pm
I work for an illinois national retail chain.
We get 2 10 minute breaks and a 1 hour lunch break per day
During our 10 minute breaks they(management) always interupt us about business or even require us to go back out on the floor,negating the break.
Is this legal?
November 1st, 2008 at 8:51 am
Hi Gerry! Yes, it is legal. Illinois is one of 19 states that has a law requiring meal breaks for virtually all employees. (Each employee is entitled to an unpaid meal break of at least 20 minutes.) However, the state does not require any shorter rest breaks.
Under federal law, employees must be paid for breaks shorter than 20 minutes. The best practice in HR would be for the managers to permit employees to take breaks undisturbed. Research has shown that employees who take two breaks per day are more productive. However, there is no law that employees must be allowed those breaks in Illinois. If you are working under a union contract, that takes precedence on this issue. You can also post your quesiton on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Caitlin
November 7th, 2008 at 9:06 am
Does Illinois State law REQUIRE an employee to take lunch breaks, or does it just require an employer to offer lunch breaks? If I am a non-exempt hourly employee, can I work through my lunch and be paid for it?
November 7th, 2008 at 11:19 am
Hi Marcus! In some states, an employee has the right to refuse required meal breaks, as long as the employee does so in advance, in writing. Illinois law offers no such provision. The law requires the employer to provide an unpaid meal break of 20 minutes or longer, before the fifth hour, for any employee scheduled to work 7.5 hours or more.
So if an Illinois employer offered an employee a meal break,and that break was declined, the employer would be violating the law just as much as if Illinois employer did not offer the employee a break.
The relevant law is 820 ILCAS 140/3, Chapter 48, Paragraph 8c, also known as the One Day Rest in Seven Act.
The fine for violation is up to $100 for each offense. So if an Illinois employee refuses to take the unpaid 20-minute meal break, the employer could be fined $100 each day, per employee.
If an employee works through his or her scheduled break, the emplyee must be paid. An Illinois employer can and probably should discipline any employee who does not take the break.
We are certain that some Illinois employees and employers have an informal agreement that the employee will work through his or her break and be paid for it. But technically, when the employee does so, the employer is breaking the law.
For more info, you can also post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Caitlin
November 18th, 2008 at 7:20 pm
Hi –Illnois question here.
This would seem to juggle Illinois and Federal laws and perhaps company policy –
My employer provides for 2 paid 15 minute rest periods for shifts of 8 hrs or more, and also has an unpaid meal time –30 minutes. If an hourly employee works a shift from 9 AM to 5:30 PM, may he or she combine the two 15 minute paid breaks in lieu of the unpaid lunch (i.e. work 8 hours and be paid for 8.5) or must the breaks and the unpaid meal period all be taken?(work 7.5 hours and be paid for
Thanks and looking forward to Thanksgiving!
November 18th, 2008 at 8:09 pm
Hi Chuck! Illinois requires that most employees receive a meal break of 20 minutes or more. The meal break may be unpaid, as long as the employee is relieved of duty. There is no requirement under federal law for any meal breaks for workers over the age of 16. Nor does federal law require that workers have rest breaks.
Illinois only requires rest breaks for hotel maids in the city of Chicago. If you work elsewhere, or you don’t work as a hotel maid, the employer is not required to give you the two 15-minute rest breaks. Under both federal and state law, if you combined the two 15-minute breaks to a 30-minute meal break, the employer would be under no obligation to pay you for it. Under federal law, employees must be paid for breaks that are shorter than 20 minutes. But when you combine your two 15-minute breaks, they are no longer shorter than 20 minutes.
What you are really talking about is eliminating your two 15-minute paid breaks. Many employers would not permit that, because it has been shown to interfer with productivity. In other places of employment, you would be permitted to work through your breaks — but that doesn’t mean the employer would have to pay you, for your meal break. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Caitlin
November 21st, 2008 at 9:45 pm
Hey- I have two really important questions and I’ve looked everywhere, but I cannot find any answers. I’m 16 (almost 17) years old, but I really do not think that matters in these situations, but just in case…
I work for a food-chain, but the restaurant is not run from corporate, but privately owned. At work, I am allowed to leave at 8 at night, when I start at 5 in the afternoon, even though my shift does not officially end until 8:30, but I usually leave at 8 unless it is still busy. I also work for 6 hours a shift on the weekends, but that doesn’t matter in the case. During work, a break of thirty minutes is AUTOMATICALLY taken from the hours I work that day. But my employer changed the rule and now employees cannot take a break before 8, even if it isn’t busy. But because I leave at 8, a half-an-hour break is deducted from my pay, yet I am not allowed to take my break. So essentially, I work for thirty minutes and do not get paid for it. But I could wait until 8:30, taking my break at 8, but I would rather leave because there’s no point to wait at work for 30 minutes when I could leave. Is there any Illinois or Federal Law Statute mentioning anything about a break automatically deducted but not be able to take it or it serves no point to? Any info at all would really be appreciated.
I also have another question that really irritates me (this is at the same place): if I am allowed an unpaid 30 minute break and pretty much forced to take one or I work for no pay for 30 minutes, do I have to stay at work, or can I leave for those 30 minutes? At work, we must stay for the unpaid break and we are not allowed to bring outside food or drink, so we must buy food from the restaurant. But what if I do not want to eat food there, what if I want food from somewhere else or I want to return home for 30 minutes. Is that allowed? Must I remain on premises for a thirty minutes unpaid break without being able to bring my own food? I am not even allowed to go out to my car during my break or even leave the building, even if I stay on the property.
If anyone could answer these questions that would really be incredibly helpful. If anyone does have any information, could they point me toward any proof (laws, statutes, etc) that I could show my boss? If you have any questions or do not understand, just ask and I’ll try to clear it up. fThanks for reading and have a great Thanksgiving!
November 23rd, 2008 at 1:57 pm
Hi Amanda,
You are right that there is no Illinois or federal law that specifically requires additional meal breaks for employees under the age of 18. Illinois law requires that an employer give an unpaid meal break of 20 minutes or more to anyone who is scheduled 7.5 hours or more. The break must be within the first 5 hours of work.
Under the federal Fair Labor Standards Act or FLSA, employees are entitled to payment for all hours worked. So an employer cannot sutomatically deduct 30 minutes pay, for a break that you never get to take. Here’s the link:http://www.dol.gov/compliance/laws/comp-flsa.htm (Illinois law also requires that employees be paid for all time worked.)
However, the employer is entirely justified in not permitting employees to take a break until 8 pm, when it is not as busy. To be successful, a restaurant must be run for the convenience of the customers, not the employees. Any restaurant that is not, will not be in business very long (so you probably wouldn’t want to work there, anyway.)
If you work from 5 pm to 8 pm without a break, you should be paid for 3 hours. However, the employer would be justified in setting a rule that every employee must take a half-hour break on a shift of 3 hours or more. In that case, the employer could require that you work from 5 pm to 8:30 pm and take your break from 8:00 pm to 8:30 pm. You would still be paid for 3 hours. (We agree that this is silly, but the employer could do it.) The employer could even fire an employee who neglected to take her break on a shift over 3 hours, if that was the company policy.
The federal Fair Labor Standards Act regulations specifically state that an employer can require the employee to remain on the premises during an unpaid meal break. And, this is a very common policy.
Federal, state and local health codes prohibit restaurant employees from bringing food from home and putting it in restaurant coolers, freezers, microwaves, etc. This is because the food may carry salmonella or other harmful bacteria, which could contaminate the restaurant food, grow, and potentially make diners sick, or even kill them.
If a health inspector found your turkey sandwich in the restaurant cooler, he could shut down the restaurant and maybe even put them out of business. So restaurant managers don’t allow this. However, there should be nothing to prevent you from bringing a granola bar, protein bar, cheese & crackers, sandwich or other snack and keeping it in your purse to eat during your break. (It’s the nature of the restaurant business that you will probably be eating your main meal before 5 pm or after 8:30 pm.)
For more info, you can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Caitlin