Illinois--Laws Relating to Pregnancy


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Prohibitions against Pregnancy Discrimination

It is unlawful for an employer to discriminate on the basis of pregnancy, childbirth, or related medical conditions.[1]

For the text of the statute, click here.

Pregnancy Accommodation

Illinois employers are required to provide reasonable accommodations to employees affected by pregnancy and childbirth or medical and common conditions related to pregnancy and childbirth. Employers are not allowed to require a pregnant employee to accept an accommodation that the employee did not request or to require an employee to take leave under any leave law or other employer policy if another reasonable accommodation exists. Examples of accommodations include limits on lifting, access to places to sit, more frequent or longer bathroom breaks, water breaks, private space for breastfeeding, assistance with manual labor, and time off to recover from conditions related to childbirth.

*Applies to all employers except religious organizations. [2]

For the text of the statute, click here.

Pregnancy-related Disability Accommodation

Illinois does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

Every employer, including the state, shall provide a reasonable amount of unpaid break time or allow her to use existing paid break time to accommodate an employee desiring to express breast milk for the employee's infant child. An employer is not required to provide break time if it would unduly disrupt the employer's operations.[3]

For the text of the statute, click here.

Family and Childcare Leave Laws

State Employers – Pregnancy and Adoption Leave

All employees who provide notice at least 30 days prior to leave will be eligible for 4 weeks (20 work days) of paid maternity/paternity leave. The State shall require proof of the birth. Maternity and/or paternity leave shall be limited to 1 leave per family for each pregnancy.  All employees are eligible for equal paid leave with a new adoption. Adoption leave shall be limited to 1 leave per adoption.[4]

For the text of the statute, click here.

Employers with 50 or more Employees – School Conference and Activities Leave

An employer must grant an employee leave of up to a total of 8 unpaid hours during any school year, and no more than 4 hours a day, to attend school conferences or classroom activities related to the employee's child if the activities cannot be scheduled during nonwork hours. However, no leave may be taken by an employee unless the employee has exhausted all accrued vacation, personal leave, compensatory leave and any other leave except sick leave and disability leave. The employee must consult with the employer to schedule the leave so as not to disrupt unduly the operations of the employer.[5]

For the text of the statute, click here.

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum

[1] 775 Ill. Comp. Stat. 5/2-102

[2] Id.

[3] 820 Ill. Comp. Stat. 260/10

[4] Ill. Admin. Code tit. 80 § 303.130

[5] 820 Ill. Comp Stat. 147/15