Beginning January 1, 2027, the law requires construction employers to provide certain workers with bathroom access, free menstrual products, and support for expressing milk.
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.
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.
No hearings or votes scheduled.