Illinois paid nursing break now law, divides lawmakers

By Catrina Barker | The Center Square contributor
The Center Square

(The Center Square) – Senate Bill 212 requires Illinois employers to pay nursing mothers for break time starting Jan. 1, a move supporters call worker-friendly and critics, including divided Republicans, warn could drive up costs for small businesses.

State Sen. Chris Balkema, R-Channahon, was one of three Republicans in the Senate who voted against the bill, arguing it represents an overreach that could further erode Illinois’ competitiveness.

“The bill is written in such a way that it just is an overreach for the employer,” Balkema said. “We’ve got to be competitive with other states, and this would put employers on the hook for way too much time off.”

Supporters counter that the legislation addresses real medical and financial concerns faced by working mothers. State Sen. Sally Turner, R-Benton, voted in favor of the measure, citing her own experience as a mother.

“This allows time for nursing women to be able to expel their breast milk so they can save it and feed their babies,” Turner said. “There are real health concerns, like mastitis, if women aren’t able to do this properly.”

Balkema said existing workplace policies already provide sufficient flexibility and that the new mandate unnecessarily expands employer obligations.

“Most of the time the mother would already have the opportunity to do this on break,” Balkema said. “This just takes it too far and makes Illinois stick out in the wrong direction compared to other states.”

Turner emphasized that breastfeeding also reduces household expenses and benefits infant health, particularly as the cost of formula continues to rise.

“It’s so expensive to buy formula,” she said. “If mothers can use their breast milk and pump it into bottles, it helps, and their spouse can also assist with feeding.”

Turner pushed back on concerns about abuse of the policy, noting that most employers already accommodate nursing mothers informally.

“Most moms truly need this,” Turner said. “This isn’t a smoke break. This is something that nurtures a baby and protects a mother’s health.”

Balkema also expressed concern that state mandates may strain employer-employee relationships.

“The more egregious these top-down mandates get, the more they pit employees against employers, instead of letting businesses operate in the free market as intended,” said Balkema. “Every employee’s situation is different, and 95% of employers will do what’s right for their workers. The other 5% will exist no matter the law, and there are better ways to handle those cases.”

Turner noted that no business groups formally opposed the legislation, which she said speaks to its practicality.

“No business group filed opposition to this bill,” Turner said. “I think that tells the tale. This is just solidifying something many employers already support.”