IllinoisConstruction employers provide workers restroom and health support
Beginning January 1, 2027, the law requires construction employers to provide certain workers with bathroom access, free menstrual products, and support for expressing milk.
What it does
Owners must provide construction workers with required restroom facilities. A separate toilet for women and workers who menstruate is required only when the stated worker and site conditions are met.
Covered workers who menstruate must have access to a bathroom that latches closed, enough time to manage work clothing, and at least 10 free menstrual products or a personal kit.
When a covered worker asks, employers must provide needed support for expressing milk unless the employer can show it would be prohibitively expensive or disruptive.
Argument forWorkers who menstruate or express milk could get more privacy and support through free products, breaks, and a clean private space.
Argument againstEmployers may face added costs and work disruptions when they provide private bathroom access, free products, and support for expressing milk.
More detail
Owners or their representatives provide construction workers with restroom facilities that meet the stated requirements. These rules cover temporary buildings and buildings under construction that are not yet occupied for their intended purpose. A separate toilet for women and workers who menstruate is required when such a worker is present, the job does not limit their site presence to two days or less, and at least 10 workers are on site. That separate facility is not required in existing public buildings or places of public accommodation that comply with the Equitable Restrooms Act. Owners must meet the separate-toilet and hand-cleansing requirements within six months after the Act takes effect.
Construction employers provide covered workers with bathroom access, enough time to manage work clothing, and free menstrual products. This covers construction employers and workers who menstruate, perform construction work on a site, and have jobs that do not limit their site presence to two days or less. The bathroom must latch closed, and each required supply must include at least 10 products. At sites with fewer than 10 workers, products go in all gender-neutral bathrooms. At larger sites, they go in bathrooms designated for workers who menstruate, or employers may provide kits to workers who need them. Employers that provide required products in sealed packaging in good faith are not liable for resulting injuries unless their conduct is willful or wanton. Employers must comply within six months after the Act takes effect.
Construction employers provide requested support for workers who need to express breast milk, unless doing so would cause undue hardship. This covers construction employers and workers who are lactating and performing construction work on a site. Support may include flexible breaks, a private lockable space outside a bathroom, refrigeration, and nearby water for cleaning. Undue hardship means the support would be prohibitively expensive or disruptive under the listed factors. The employer must prove undue hardship, and providing similar support to similar workers creates a rebuttable presumption against it. These minimum rules do not replace employers' duties under the Nursing Mothers in the Workplace Act or the Illinois Human Rights Act. Employers must comply within six months after the Act takes effect. The Department of Public Health, working with the Department of Human Rights, must provide employer guidance by January 1, 2027.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 21Public Act . . . . . . . . . 104-0850Latest
- Aug 21Effective Date January 1, 2027
- Aug 21Governor J. B. Pritzker ApprovedBecame Law
- Jun 29Sent to the GovernorTo Governor
- May 31Passed Both Houses
- Vote recorded Concurrence, Amendment 1. Result: pass.Upper
- May 31Senate Concurs
- May 31House Floor Amendment No. 1 Senate Concurs 045-013-000
- May 29House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Labor; 012-003-000
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- May 28House Floor Amendment No. 1 Motion to Concur Assignments Referred to Labor
- May 28House Floor Amendment No. 1 Motion to Concur Referred to Assignments
- May 28House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Graciela GuzmánMinor
- May 28Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 29, 2026
- May 28Secretary's Desk - Concurrence House Amendment(s) 1
- May 27Added Alternate Co-Sponsor Rep. Gregg Johnson
- Vote recorded Third Reading. Result: pass.Lower
- May 27Added Alternate Co-Sponsor Rep. Harry Benton
- May 27Added Alternate Co-Sponsor Rep. Rick Ryan
- May 27Added Alternate Co-Sponsor Rep. Amy Briel
- May 27Added Alternate Co-Sponsor Rep. Sue Scherer
- May 27Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit
- May 27Third Reading - Short Debate - Passed 071-037-000Passed House
- May 22Third Reading/Final Action Deadline Extended-9(b) May 31, 2026
- May 21Added Alternate Co-Sponsor Rep. Norma Hernandez
- May 21Added Alternate Co-Sponsor Rep. Laura Faver Dias
- May 21Added Alternate Co-Sponsor Rep. Diane Blair-Sherlock
- May 21Added Alternate Co-Sponsor Rep. Michelle Mussman
- May 21Added Alternate Co-Sponsor Rep. Margaret A. DeLaRosa
- May 21Added Alternate Co-Sponsor Rep. Ann M. Williams
- May 21Added Alternate Co-Sponsor Rep. Sharon Chung
- May 21Added Alternate Co-Sponsor Rep. Mary Gill
- May 21Added Alternate Co-Sponsor Rep. Natalie A. Manley
- May 21Added Alternate Co-Sponsor Rep. Joyce Mason
- May 21Added Alternate Co-Sponsor Rep. Lilian Jiménez
- May 21Added Alternate Co-Sponsor Rep. Dagmara Avelar
- May 21Added Alternate Co-Sponsor Rep. Suzanne M. Ness
- May 21Added Alternate Co-Sponsor Rep. Aarón M. Ortíz
- May 21Added Alternate Co-Sponsor Rep. Camille Y. Lilly
- May 21Added Alternate Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
- May 21Added Alternate Chief Co-Sponsor Rep. Will Guzzardi
- May 21Alternate Co-Sponsor Removed Rep. Will Guzzardi
- May 21Added Alternate Chief Co-Sponsor Rep. Barbara Hernandez
- May 21Alternate Co-Sponsor Removed Rep. Barbara Hernandez
- May 21Placed on Calendar Order of 3rd Reading - Short Debate
- May 21House Floor Amendment No. 1 Adopted by Voice VoteMajor
- May 20House Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 018-008-000Minor
- Vote recorded Do Pass, Amendment 1. Result: pass.Lower
- May 20House Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
- May 19House Floor Amendment No. 1 Referred to Rules Committee
- May 19House Floor Amendment No. 1 Filed with Clerk by Rep. Theresa MahMinor
- May 19Held on Calendar Order of Second Reading - Short DebateMinor
- May 19Second Reading - Short DebateMinor
- May 14Placed on Calendar 2nd Reading - Short DebateMinor
- May 14Added Alternate Co-Sponsor Rep. Will Guzzardi
- May 14Added Alternate Co-Sponsor Rep. Kelly M. Cassidy
- May 14Added Alternate Co-Sponsor Rep. Barbara Hernandez
- May 13Added Alternate Co-Sponsor Rep. Katie Stuart
- Vote recorded Do Pass. Result: pass.Lower
- May 13Added Alternate Chief Co-Sponsor Rep. Kevin John Olickal
- May 13Added Alternate Chief Co-Sponsor Rep. Anne Stava
- May 13Do Pass / Short Debate Labor & Commerce Committee; 016-009-000
- May 7Committee Deadline Extended-Rule 9(b) May 15, 2026
- Apr 28Added as Co-Sponsor Sen. Sara Feigenholtz
- Apr 27Assigned to Labor & Commerce CommitteeMinor
- Apr 20Added as Co-Sponsor Sen. Karina Villa
- Apr 17Added as Co-Sponsor Sen. Emil Jones, III
- Apr 16Added as Co-Sponsor Sen. Napoleon Harris III
- Apr 15Referred to Rules Committee
- Vote recorded Third Reading. Result: pass.Upper
- Apr 15First ReadingMinor
- Apr 15Chief House Sponsor Rep. Theresa Mah
- Apr 15Arrived in HouseMinor
- Apr 15Added as Co-Sponsor Sen. Mary Edly-Allen
- Apr 15Added as Co-Sponsor Sen. David Koehler
- Apr 15Added as Chief Co-Sponsor Sen. Adriane L. Johnson
- Apr 15Added as Chief Co-Sponsor Sen. Celina Villanueva
- Apr 15Sponsor Removed Sen. Celina Villanueva
- Apr 15Third Reading - Passed; 037-014-000Passed Senate
- Apr 15Placed on Calendar Order of 3rd Reading
- Apr 15Senate Floor Amendment No. 1 Adopted; GuzmanMajor
- Apr 15Recalled to Second ReadingMinor
- Apr 14Senate Floor Amendment No. 1 Recommend Do Adopt Labor; 011-004-000
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- Apr 14Senate Floor Amendment No. 1 Assignments Refers to Labor
- Apr 14Senate Floor Amendment No. 1 Referred to Assignments
- Apr 14Senate Floor Amendment No. 1 Filed with Secretary by Sen. Graciela GuzmánMinor
- Feb 27Added as Co-Sponsor Sen. Robert Peters
- Feb 26Placed on Calendar Order of 3rd Reading March 3, 2026
- Feb 26Second ReadingMinor
- Feb 25Added as Co-Sponsor Sen. Javier L. Cervantes
- Feb 25Added as Co-Sponsor Sen. Mike Porfirio
- Feb 24Placed on Calendar Order of 2nd Reading February 25, 2026Minor
- Vote recorded Do Pass. Result: pass.Upper
- Feb 24Do Pass Labor; 011-005-000
- Feb 17Assigned to LaborMinor
- Feb 6Added as Chief Co-Sponsor Sen. Mattie Hunter
- Feb 5Referred to Assignments
- Feb 5First ReadingMinor
- Feb 5Filed with Secretary by Sen. Graciela GuzmánIntroduced
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