Breastfeeding basics

Can I breastfeed in public or private places?

Yes. You can breastfeed in any location, public or private, where you are allowed to be. Places of worship are an exception to this rule. There, you must follow the norms of that particular place of worship. 740 ILCS 137/10.

Do I have to cover myself and my baby?

No. You do not need to use a cover. 740 ILCS 137/10.

Can I sue if someone does not let me breastfeed? 

Yes. You can sue the owner or manager if that person does not let you breastfeed where you have the right to do so. Your lawsuit would try to prevent such denials to future nursing persons. If you were to win the lawsuit, you would be awarded reasonable attorney's fees and reasonable litigation expenses. 740 ILCS 137/15.   

• Example: A mother began breastfeeding her baby in a cafe. The manager told her to finish in the bathroom or leave. The manager did not follow the law.

Exceptions

There are exceptions to this rule. You cannot sue owners of private residences and places of worship for not allowing you to breastfeed.

Can I get out of jury [no-lexicon]duty[/no-lexicon] if I am breastfeeding?

Yes. If you are breastfeeding, you do not have to serve on a jury in Illinois state courts. You must ask to be excused. Look at the jury duty information you got in the mail for who to contact. 705 ILCS  305/10.3.

Breastfeeding at work

Can I pump breast milk at work?

Yes. Your employer must give you break time to pump every time you need to pump for one year after your child is born under federal and state law. See 29 U.S.C. 218(d); 775 ILCS 5/2-102(I)-(J) If your employer has fewer than 50 employees, or is an air or rail carrier, then it can assert that providing breaks and space to pump is an “undue burden” and it does not have to accommodate you. Your employer may not reduce your compensation for time used to pump under Illinois law. Your employer must give you time to pump unless doing so would create an undue hardship under Illinois law. Your employer can try to stretch your regular break time to include pumping time.

Can I ask for a private area to pump at work?

Yes. You have a right to a private area. Your employer must make a reasonable effort to give you a private place near your work area. Your employer must try to find a place other than a toilet stall.

• Example: An employee asked for a place to pump at work. Her employer gave her a dirty locker room that was too hot, and she told them this was not suitable or sanitary. Employees banged on the door while she pumped and complained to the manager about her. The employer did not stop the harassment or provide a more suitable pumping location. The employer may not have followed the law.

Who is an employer?

The Nursing Mothers in the Workplace Act says an employer is a person or company with more than 5 employees other than the employer's parent, spouse, child, or other immediate family members. 820 ILCS 260/5.

The Illinois Human Rights Act includes "reasonable accommodations" for pregnant people, such as a private area for pumping. Under this Act, an employer is a person or company with at least one employee. The employee must have been employed in Illinois for at least 20 calendar weeks in the year of or before any violation. 775 ILCS 5/2-101.  

Who is an employee?

An employee for purposes of this law is someone who currently works for pay in the state of Illinois or has the right to return to a position after a leave of absence. 820 ILCS 260/5.

Can I sue if my employer violates my right to breastfeed at work?

Yes. You can argue that your employer discriminated against you based on sex and pregnancy.

Can I request a change to my job if it is having an impact on my ability to safely breastfeed or express milk?

Under the ADA (American with Disabilities Act), employers with 15 or more employees must provide reasonable accommodations to employees who have work-related limitations stemming from pregnancy or childbirth unless doing so would impose an undue hardship or burden on the employer.

To request an accommodation, employees should discuss their limitations with their doctor and formally reach out to their manager or local human resources representative to request the accommodation in writing. 

• Examples: If your work involves exposure to smoke, heavy metals, or other toxins that could affect your breast milk, your doctor may recommend accommodations such as reducing your exposure through the use of protective gear (gloves, protective clothing, or respirators), job restructuring, or temporary reassignment to a different position that is available.

Breastfeeding at school

Public schools and charter schools must allow lactating students to breastfeed or pump breast milk during the school day. They must provide reasonable accommodations for lactating students. This includes:

• Access to a private and secure room, other than a restroom, to express milk or breastfeed an infant child,
• Permission to bring a breast pump or any other equipment used to express milk onto campus,
• Access to a place to store breast milk safely, and 
• A reasonable amount of time to breastfeed or pump breast milk.

Schools may not punish lactating students for using these reasonable accommodations during the school day. Schools must provide lactating students with the opportunity to make up any school work missed due to breastfeeding or pumping. 105 ILCS 5/10-20.60.

Breastfeeding at court

Every facility that houses a circuit court in Illinois is required to have a lactation room. The room must be outside of a bathroom and have a chair, a table, and an electrical outlet, as well as a sink with running water where possible. 55 ILCS 5/5-1106.

Breastfeeding at Airports

Every airport that conducts commercial operations must provide a room or other location at each airport terminal behind the airport security screening area for breastfeeding parents to privately express breast milk. The room must be located outside a restroom and at a minimum include a chair and electrical outlet. 410 ILCS 140/5. 

Breastfeeding expenses

Does health insurance cover breastfeeding supplies?

Yes. New health insurance plans must provide breastfeeding support and supplies while you breastfeed. You may start receiving these services before the baby is born. Health care plans that existed before March 23, 2010 do not have to include these services. Ask your health insurance provider and your doctor about these services.

Are breast pumps tax deductible?

Yes. Breastfeeding supplies are a medical expense. You can use them as a tax write-off. If you have a flexible health spending account, you can spend pre-tax money on breastfeeding supplies.

Does the Women, Infants, and Children Nutrition Program (WIC) cover the costs of breastfeeding supplies?

Yes. WIC serves breastfeeding women up to one year after delivery who have an income under 185% of the federal poverty level. You may be eligible for WIC if you receive:

• Temporary Aid to Needy Families (TANF),
• Medicaid program benefits (Federal-Title XIX), or
• Supplemental Nutrition Assistance Program (SNAP).

WIC offers peer counselors. Peer counselors are other moms trained to help new moms with breastfeeding.

Most WIC agencies have staff, such nurses, social workers, or case managers, certified as lactation consultants. They also support breastfeeding women. 

Also, if you can't get a breast pump through Medicaid or you don't have insurance, you may be able to get or rent a pump through WIC. Reach out to your WIC clinic to find out if you're eligible.

You may get a loaned pump, a multiple-user electric pump, or a given pump, all other types of pumps.

WIC will decide if you need a pump considering:

• Mother/baby separation,
• Temporary breastfeeding problems,
• Difficulty with your milk supply due to maternal/infant illness,
• Whether you have multiples, or
• Whether you had a premature infant or an infant with severe feeding problems.

Illinois WIC program staff calls mothers during their last 30 days of pregnancy. They answer questions and provide information about breastfeeding support. 

Learn more about getting WIC on the Illinois Department of Human Services website.