Governor J.B. Pritzker of Illinois has been busy this August, signing off on several pieces of legislation that will impact Illinois employers. While most of these developments will not become effective until January 1, 2026, it is always advisable for Illinois employers to stay ahead of the compliance curve, particularly when labor and employment laws continue to diverge at the state and federal levels.

Amendments affecting breaktime for nursing mothers

On August 1, 2025, the Governor signed into law SB 212, which amends the Nursing Mothers in the Workplace Act. As originally introduced, SB 212 would have replaced the “reasonable break time” mandated under the Act for nursing mothers with a fixed 30-minute period; however, the final bill maintained the reasonableness standard. This standard remains undefined, so employers must develop and consistently enforce a policy that provides sufficient time for each affected employee. Although the 30-minute mark was not adopted, employers may consider using it as a guideline for what constitutes a “reasonable break time.”

Key takeaways:

• Nursing breaks must be compensated at the employee’s regular rate of compensation.
• Employers must continue to provide these breaks “as needed,” unless doing so would create an undue hardship as defined by the Illinois Human Rights Act at Section 2-102(J).
• Employers shall not require employees to use paid leave during break time—this is a new substantive addition.
• Employers should review and update their pregnancy, nursing, and leave policies to ensure compliance before the January 1, 2026 effective date.

Amendments affecting military leave

On the same day, Governor Pritzker approved SB 220, which amends the Family Military Leave Act, now known as the Military Leave Act. In addition to the name change, the amendments add a wholly new provision to the Act that creates a distinct type of leave under Illinois law.

Key takeaways:

• The Act now provides up to 8 hours of paid leave per calendar month for employees to participate as an honors detail for a military funeral, paid at the employee’s regular rate of compensation.
• Employees are capped at 40 hours of paid leave per calendar year for this purpose, unless more is authorized by the employer or a collective bargaining agreement.
• Employees must provide reasonable notice when practicable, and employers may request confirmation from the relevant veteran services organization or other official notice.
• Eligibility is limited: the employee must be specifically trained to participate in a funeral honors detail and must be a retired or active member of the armed forces, a member of a reserve (including the Illinois National Guard), or an authorized provider/registered member of an organization authorized to provide such services.
• This leave may be taken in lieu of, and without exhausting, other types of leave (e.g., vacation, personal, compensatory, sick, or disability leave).
• Employers should immediately add this leave to their policies and handbooks, as this amendment took effect upon signing on August 1, 2025. 

New laws and amendments affecting coal miners’ and other workers’ rights and safeguards

On August 14, 2025, the Governor signed into law SB 1976, creating the Workers’ Rights and Worker Safety Act and the Safe and Healthy Workplace Act, and amending the Occupational Health and Safety Act.

Key takeaways:

• These laws freeze certain worker protections at the level they existed under federal law as of April 28, 2025, preventing Illinois state agencies from reducing those protections.
• The Illinois Department of Labor and other agencies are instructed to promulgate rules and regulations concerning coal mine safety, OSHA standards, and wage and hour laws if their federal counterparts are repealed or revoked.
• These changes will become effective on January 1, 2026. 

Amendments affecting the Illinois Human Rights Act

The next day, on August 15, 2025, Governor Pritzker approved SB 2487, which amends the Illinois Human Rights Act.

Key takeaways:

• The statutory obligation for the Illinois Department of Human Rights to hold a fact-finding conference during charge investigations has been lifted; it is now at the Department’s discretion.
• A fact-finding conference will only be held if both parties submit a written request within 90 days of the charge filing date and the Department has not already issued its report.
• The Department is now empowered to levy a civil penalty against employers found in violation of the Act, in addition to existing monetary remedies (making the employee whole and covering attorneys’ fees and costs).
• Civil penalty caps:
  • $16,000 for first-time violators
  • $42,500 for employers with one prior violation in the past five years
  • $70,000 for employers with two or more violations in the past seven years
• These amendments are effective January 1, 2026, and are not retroactive, even for pending charges.

For further guidance on these changes to Illinois labor and employment laws, employers are encouraged to consult with experienced labor counsel.