The State of Illinois has adopted its own labor laws that govern breaks and scheduling, with the One Day Rest in Seven Act (ODRISA) as the basis for rest requirements.
Here’s what Illinois employers need to know about break laws and how Mosey can help your organization manage state compliance.
What Is the Illinois ODRISA Act?
The One Day Rest in Seven Act (ODRISA) is a labor law in Illinois that ensures employees receive sufficient breaks. This act mandates that workers are entitled to at least one full day of rest for every seven-day period to promote work-life balance and prevent burnout.
What Are the Key Provisions of ODRISA?
ODRISA serves two purposes: to prevent employees from being overworked and to ensure that they receive sufficient breaks. It also provides considerations for employees who don’t feel overworked and would like to commit more time to their workplace.
One Day of Rest
Employers must provide employees with 24 consecutive hours of rest in every seven-day working period. Businesses can apply for a permit from the Illinois Department of Labor to allow employees to work voluntarily on the seventh day if they can provide the necessary overtime pay.
Employers can’t apply for permits on behalf of employees who don’t want to work on the seventh day, and employees can’t be disciplined for declining to work on the seventh day.
ODRISA Break Requirements
Employees who work seven and a half hours or more in a shift are entitled to a minimum 20-minute meal break, which must start no later than five hours into the shift. If an employee’s shift extends to 12 hours or longer, they must receive an additional 20-minute meal break.
Employees are also entitled to reasonable restroom breaks separate from their meal breaks. The requirements aren’t very specific about what constitutes a reasonable break, but it’s safe to assume that the rule means employees can use the restroom whenever necessary as long as their breaks aren’t routinely harmful to productivity.
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Why is ODRISA Important?
ODRISA protects employees by ensuring they have regular rest periods, reducing stress, fatigue, and burnout. This benefits workers’ mental and physical health and helps employers by improving productivity, efficiency, and job satisfaction.
ODRISA supports a healthier, more balanced workforce while preventing excessive workloads that can lead to health issues or reduced performance. Preventing fatigue and burnout may even have a positive effect on preventing workplace accidents and errors. Well-rested employees are less likely to make mistakes and less likely to experience job dissatisfaction.
What Are the Meal Break Requirements in Illinois?
Illinois law requires certain meal breaks under ODRISA.
Employees working seven and a half continuous hours or more must receive at least a 20-minute unpaid meal break, and the break must be provided no later than five hours into their shift. This means that employees can’t take their break towards the end of their shift and clock out early.
Employees working 12 hours or more must receive an additional 20-minute unpaid meal break. The second break is slightly more flexible in scheduling.
This law applies broadly across industries. There may be exceptions to these rules, like for certain agricultural workers, but employers should check with the Illinois Department of Labor in these cases.
What Are the Rest Break Requirements in Illinois?
Illinois does not require employers to provide rest breaks. Most employers offer 10- or 15-minute breaks voluntarily, but ODRISA only requires bathroom breaks as requested by employees. Additionally, it doesn’t cap the number of bathroom breaks an employee can take as long as they aren’t unreasonably interfering with productivity.
The Fair Labor Standards Act (FLSA) does not require rest breaks, either. However, if an employer provides short breaks (typically between five and 20 minutes), they must be paid and counted as work time.
Any break policy that honors ODRISA’s bathroom break policy and recognizes federal requirements will be compliant with state and federal law.
Are There Any Special Break Laws in Illinois?
Illinois has enacted special break laws for certain classes of workers. These additional specifications apply to employees under the age of 18, pregnant or breastfeeding workers, and Cook County hotel room attendants.
Breaks for Minors
Workers under 18 must get a 30-minute meal break if they work five or more consecutive hours. It’s vital to abide by scheduling requirements for minors, especially when school is in session.
Breaks for Pregnant and Breastfeeding Employees
The Illinois Human Rights Act requires employers to offer reasonable breaks for breastfeeding employees and provide a private space (other than a bathroom) to do so.
That said, you don’t need to have a private space in your office devoted specifically to breastfeeding. You can make arrangements to allow lactating workers to use locked conference rooms or other unoccupied areas so long as they have complete privacy.
Employers cannot reduce pay for break time used to pump milk or feed a baby. These separate paid breaks can continue until an employee no longer needs to use them. Additionally, the Illinois Human Rights Act requires reasonable accommodations, such as restroom breaks, breaks to hydrate and eat, and short rest breaks for pregnant employees.
Breaks for Hotel Room Attendants
Cook County hotel room attendants receive two paid 15-minute breaks and one 30-minute unpaid meal break for shifts over seven hours long. Employers must relieve hotel room attendants of all work duties during these break periods.
Employers are required to provide hotel room attendants with a dedicated break room and free clean drinking water. The water can be bottled or adequately filtered from a drinking water dispenser, like a freestanding jug or a dispenser integrated into the breakroom refrigerator.
Who Is Exempt From Illinois Break Laws?
Illinois’ break requirements do not cover some employees. Exemptions include executives and professional employees (as defined by the FLSA), part-time employees who work 20 or fewer hours per week, security guards or watchmen, and employees already covered by a collective bargaining agreement or union deal.
It’s important to be mindful of collective bargaining agreements. If the agreement expires before a new one takes its place, ODRISA will apply as a temporary measure during the transition.
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What Are the Recordkeeping Responsibilities of Illinois Employers?
Employers are required to track break time to comply with ODRISA and special break requirements. You’ll need to have an adequate record of each employee’s daily and weekly hours and when they took their breaks.
If an employee requires special break accommodations, such as pregnant or lactating employees, it’s crucial to also prove compliance with requirements like private lactation areas.
Employers must retain these records for two years and make them available for inspection by the Illinois Department of Labor. If you’re ever under scrutiny for your policies, it’s helpful to have this information ] available.
How To Stay Compliant With Illinois Break Laws
Compliance is a major concern for organizations of all sizes. If you aren’t compliant with Illinois break laws, your organization can face fines and penalties for each instance of non-compliance.
Review Your Policies Regularly
Ensure your policies align with Illinois break laws. If you provide rest breaks, make sure they’re paid. Also, consider the needs of your employees when shaping break policies. While you must meet the minimum defined by state law, you’re always free to exceed that minimum.
Incorporating 10 or 15-minute breaks into your organization’s policies can improve morale and productivity by giving everyone adequate rest time.
Train Managers and HR Staff
Supervisors should know meal and break requirements to enforce them correctly. This is especially important in the Cook County hospitality industry and workplaces with pregnant or breastfeeding team members who may be entitled to additional accommodations.
Keep Accurate Records
Track work hours and meal breaks to avoid penalties. If your organization is subject to special requirements, document how these requirements are being met. Have a written plan that designates special break areas and your plan for managing breaks within your company. Your break records and plan should align to demonstrate compliance.
Clearly Communicate Your Policy
Employers are required to post labor law posters (like the ODRISA notice) in a conspicuous location and clearly communicate labor laws to all employees. Make sure your labor notices are current and official versions of the required posters for your city.
Maintain Compliance With Mosey
Illinois break laws are designed to protect employees while balancing business needs. Employers who stay informed and proactive can avoid penalties and create a better working environment.
Mosey makes it easy to communicate laws and policies to your employees with our Employee Handbooks. This tool helps employers automatically generate employee handbooks that comply with state and local laws in every location they have employees. Book a demo with Mosey to learn how we can streamline compliance for your organization.
