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HB 3192

NURSING IN THE WORKPLACE

104th Regular Session Introduced by Marti Deuter

Requires paid break time and private space for expressing milk for up to 1 year after birth; creates a private right of action with damages, back pay, fees, and retroactive reach.

House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
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Bill Summary · HB 3192

Summary — HB 3192 (House Amendment No. 1) — Nursing Mothers in the Workplace Act

Status: Introduced Feb. 2025; House Committee Amendment No. 1 filed Mar. 12, 2025; re‑referred to Rules Committee. Effective upon becoming law if enacted.

Purpose

Amends the Nursing Mothers in the Workplace Act to (1) clarify and strengthen employers’ obligations to provide break time and private space for employees who need to express breast milk, (2) require compensation for break time unless doing so would cause an undue hardship under the Illinois Human Rights Act, and (3) create an express private right of action with specified remedies and penalties (including retroactive application).

Key provisions (by statutory section)

  • Sec. 1 (Short title)

    • Confirms citation as the Nursing Mothers in the Workplace Act (820 ILCS 260/1).

  • Sec. 10 (Break time for nursing mothers) — 820 ILCS 260/10

    • Employers must provide reasonable break time each time an employee needs to express breast milk for up to one year after the child’s birth.
    • Breaks may run concurrently with existing break periods.
    • Employers must compensate the employee during the break time at the employee’s regular rate of pay.
    • Employers may not require the employee to use paid leave or otherwise reduce compensation for this break time.
    • Paid break time need not be provided if doing so would create an undue hardship as defined by item (J) of Section 2‑102 of the Illinois Human Rights Act.

  • Sec. 15 (Private place for nursing mothers) — 820 ILCS 260/15

    • Employers must make reasonable efforts to provide a room or other location, in close proximity to the work area and other than a toilet stall, where an employee can express milk in privacy.

  • Sec. 20 (New — Damages and remedies) — 820 ILCS 260/20 (new)

    • Creates a private civil cause of action for employees denied rights under the Act, with remedies including:
    • Injunctive relief (preliminary or permanent);
    • Back pay (plus interest at 9% per annum for up to 90 calendar days from complaint filing) and front pay;
    • Compensatory damages;
    • Recovery of litigation costs, expert fees, and reasonable attorney’s fees;
    • Liquidated damages of up to $10,000 per violation if the employee provided the employer at least 30 days’ notice and an opportunity to cure before suing.
    • The new remedies provision is applied retroactively, including to pending cases, regardless of when causes of action accrued.

Who is affected

  • Employees who are nursing mothers (employees needing to express breast milk) — protections and compensation rights for up to one year after childbirth.
  • Employers statewide — obligation to provide paid break time (subject to undue hardship exception) and a private, non‑toilet location for expressing milk; exposure to damages, attorneys’ fees, and potential liquidated damages for violations.

Enforcement, remedies, and notable impacts

  • The bill shifts enforcement model from administrative complaint-only approaches to a robust private right of action with monetary relief and injunctive remedies.
  • Retroactive application and the liquidated-damages provision increase potential employer liability, including for past conduct and pending claims.
  • The undue-hardship exception references the Illinois Human Rights Act standard, which will be a key legal threshold for employers asserting that paid break time creates an undue hardship.

Legislative status & timeline

  • Introduced by Rep. Martha Deuter (first reading Feb. 18/21, 2025).
  • House Committee Amendment No. 1 filed Mar. 12, 2025; amendment replaces text after enacting clause and was re‑referred to Rules Committee (Rule 19 actions on Mar. 21, 2025).
  • If enacted, the bill takes effect upon becoming law.

Notes: The amendment substantially expands remedies compared with prior versions by adding explicit monetary relief, interest, and retroactive application. Employers should monitor committee action and compliance obligations if this measure advances.

Compiled from official sources — confirm details with the bill’s official record.

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