HB3192ham001 104TH GENERAL ASSEMBLY

Rep. Martha Deuter

Filed: 3/12/2025

10400HB3192ham001 LRB104 08457 SPS 23649 a

AMENDMENT TO HOUSE BILL 3192

AMENDMENT NO. ______. Amend House Bill 3192 by replacing everything after the enacting clause with the following:

"Section 5. The Nursing Mothers in the Workplace Act is amended by changing Sections 1, 10, and 15 and by adding Section 20 as follows:

(820 ILCS 260/1)

Sec. 1. Short title. This Act may be cited as the Nursing Mothers in the Workplace Act.

(Source: P.A. 92-68, eff. 7-12-01.)

(820 ILCS 260/10)

Sec. 10. Break time for nursing mothers. An employer shall provide reasonable break time to an employee who needs to express breast milk for the employee's her nursing infant child each time the employee has the need to express milk for one year after the child's birth. The break time may run concurrently with any break time already provided to the employee. An employer shall compensate the employee during the break time at the employee's regular rate of compensation. An employer shall not require the employee to use paid leave during the break time or reduce the employee's compensation during the break time in any other manner. An employer may not reduce an employee's compensation for time used for the purpose of expressing milk or nursing a baby. An employer shall provide paid reasonable break time as needed by the employee unless to do so would create an undue hardship as defined by item (J) of Section 2-102 of the Illinois Human Rights Act.

(Source: P.A. 100-1003, eff. 8-21-18.)

(820 ILCS 260/15)

Sec. 15. Private place for nursing mothers. An employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where an employee described in Section 10 can express the employee's her milk in privacy.

(Source: P.A. 92-68, eff. 7-12-01.)

(820 ILCS 260/20 new)

Sec. 20. Damages and penalties for the employee.

(a) An employee who has been denied any rights under this Act may bring a civil action against the employer for all relief necessary to make the employee whole, including, but not limited to the following, as appropriate:

(1) permanent or preliminary injunctive relief;

(2) back pay, with interest of 9% per annum up to 90 calendar days from the date the complaint is filed and front pay;

(3) compensatory damages;

(4) compensation for any costs incurred as a result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees; and

(5) liquidated damages of up to $10,000 per violation if the employee provided the employer with at least 30 days' notice and an opportunity to cure the violation of this Act before filing suit.

(b) This Section shall be applied retroactively, including all pending actions, without regard to when the cause of action accrued.

Section 99. Effective date. This Act takes effect upon becoming law.".