Breastfeeding Law: Illinois

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    (720 ILCS 5/11-30) (was 720 ILCS 5/11-9)
    Sec. 11-30. Public indecency.
    (a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
    (1) An act of sexual penetration or sexual conduct; or
    (2) A lewd exposure of the body done with intent to

    arouse or to satisfy the sexual desire of the person.
    Breast-feeding of infants is not an act of public indecency.


    Right to Breastfeed Act.
    (740 ILCS 137/1)
    Sec. 1. Short title. This Act may be cited as the Right to Breastfeed Act.
    (Source: P.A. 93-942, eff. 8-16-04.)

    (740 ILCS 137/5)
    Sec. 5. Purpose. The General Assembly finds that breast milk offers better nutrition, immunity, and digestion, and may raise a baby’s IQ, and that breastfeeding offers other benefits such as improved mother-baby bonding, and its encouragement has been established as a major goal of this decade by the World Health Organization and the United Nations Children’s Fund. The General Assembly finds and declares that the Surgeon General of the United States recommends that babies be fed breastmilk, unless medically contraindicated, in order to attain an optimal healthy start.
    (Source: P.A. 93-942, eff. 8-16-04.)

    (740 ILCS 137/10)
    Sec. 10. Breastfeeding Location. A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding; however, a mother considering whether to breastfeed her baby in a place of worship shall comport her behavior with the norms appropriate in that place of worship.
    (Source: P.A. 93-942, eff. 8-16-04.)

    Enforcement Provision

    (740 ILCS 137/15)
    Sec. 15. Private right of action. A woman who has been denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship, may bring an action to enjoin future denials of the right to breastfeed. If the woman prevails in her suit, she shall be awarded reasonable attorney’s fees and reasonable expenses of litigation.
    (Source: P.A. 93-942, eff. 8-16-04.)

    Workplace Pumping Law

    Nursing Mothers in the Workplace Act.
    (820 ILCS 260/1)
    Sec. 1. Short title. This Act may be cited as the Nursing Mothers in the Workplace Act.
    (Source: P.A. 92-68, eff. 7-12-01.)

    (820 ILCS 260/5)
    Sec. 5. Definitions. In this Act:
    “Employee” means a person currently employed or subject to recall after layoff or leave of absence with a right to return at a position with an employer or a former employee who has terminated service within the preceding year.
    “Employer” means an individual, corporation, partnership, labor organization, or unincorporated association, the State, an agency or political subdivision of the State, or any other legal, business, or commercial entity that has more than 5 employees exclusive of the employer’s parent, spouse, or child or other members of the employer’s immediate family. “Employer” includes an agent of an employer.
    (Source: P.A. 92-68, eff. 7-12-01.)

    (820 ILCS 260/10)
    Sec. 10. Break time for nursing mothers. An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this Section if to do so would unduly disrupt the employer’s operations.
    (Source: P.A. 92-68, eff. 7-12-01.)

    (820 ILCS 260/15)
    Sec. 15. A private place for nursing mothers. An employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where an employee described in Section 10 can express her milk in privacy.
    (Source: P.A. 92-68, eff. 7-12-01.)

    (820 ILCS 260/99)
    Sec. 99. Effective date. This Act takes effect upon becoming law.
    (Source: P.A. 92-68, eff. 7-12-01.)

    Enforcement Provision

    None apparent.