Break Laws in Illinois
Illinois has meal break requirements
Illinois requires meal breaks but not rest breaks under the One Day Rest in Seven Act (ODRISA), which was amended in 2023 to also require an additional 20-minute meal break for shifts of 12+ hours.
Break requirements
| Meal break required? | Yes |
|---|---|
| Meal break duration | 20 minutes |
| Meal break trigger | After 7.5 hours worked |
| Meal break paid? | No |
| Meal break details | Employees working 7.5 or more continuous hours must receive a meal break of at least 20 minutes. The break must begin no later than 5 hours after the start of the shift. |
| Statute | 820 ILCS 140 (One Day Rest in Seven Act) |
Break Laws in Illinois: what you need to know
Illinois requires employers to provide meal breaks but does not mandate rest breaks. Illinois requires meal breaks but not rest breaks under the One Day Rest in Seven Act (ODRISA), which was amended in 2023 to also require an additional 20-minute meal break for shifts of 12+ hours. While having a meal break law provides important protection, the absence of a rest break requirement means that shorter breaks during the workday are at your employer's discretion.
Illinois's meal break law requires 20 minutes for qualifying shifts. The break is unpaid if the employee is completely relieved of all duties during the break. Employees working 7.5 or more continuous hours must receive a meal break of at least 20 minutes. The break must begin no later than 5 hours after the start of the shift.
For Illinois workers, understanding your break rights is important for daily quality of life. If your employer violates Illinois's break law, you may be entitled to additional compensation or penalties. Workers in physically demanding jobs, healthcare, and retail are particularly affected by break policies because fatigue from continuous work can affect both performance and safety.
It is also worth noting that some Illinois workers may be covered by industry-specific regulations even if the state lacks a general break law. For example, commercial drivers are subject to federal Hours of Service regulations that require rest periods. Healthcare workers may have facility-specific policies mandated by accreditation standards. And workers under 18 are often subject to stricter break requirements under child labor laws, even in states that do not require breaks for adults.
Even in states without mandatory break laws, understanding federal protections is important. Under the FLSA, short breaks of 5 to 20 minutes must be counted as paid work time. Only bona fide meal periods of 30 minutes or longer, during which the employee is completely relieved of all duties, may be treated as unpaid. If your employer provides a 15-minute break but docks your pay for it, that is a federal violation regardless of your state's break law.
More Illinois workplace laws
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Frequently asked questions about break laws in Illinois
Yes. Illinois requires a meal break of 20 minutes for qualifying shifts.
No. Illinois does not require rest breaks. However, under federal law, if your employer provides short breaks of 20 minutes or less, those breaks must be paid.
If Illinois law requires a meal break and your employer requires you to work through it, you may be entitled to additional compensation or penalties.
Most states, including Illinois, have separate break requirements for workers under 18 under child labor laws. These requirements are typically stricter than adult break laws. If you are a minor worker, check Illinois's child labor laws for your specific break rights.
Document the violations and file a complaint with the Illinois Department of Labor. You may be entitled to additional pay or penalties for missed breaks.