103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2952

 

Introduced 2/16/2023, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 140/3  from Ch. 48, par. 8c

    Amends the One Day Rest In Seven Act. Provides that every employer shall permit its employees who are to work for 7 1/2 continuous hours at least 30 minutes (rather than 20 minutes) for a meal period beginning no later than 5 hours after the start of the work period. Provides that an employee who works in excess of 7 1/2 continuous hours shall be entitled to an additional 30-minute (rather than 20-minute) meal period for every additional 4 1/2 continuous hours worked.


LRB103 00026 SPS 45026 b

 

 

A BILL FOR

 

HB2952LRB103 00026 SPS 45026 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The One Day Rest In Seven Act is amended by
5changing Section 3 as follows:
 
6    (820 ILCS 140/3)  (from Ch. 48, par. 8c)
7    (Text of Section before amendment by P.A. 102-828)
8    Sec. 3. Every employer shall permit its employees who are
9to work for 7 1/2 continuous hours or longer, except those
10specified in this Section, at least 20 minutes for a meal
11period beginning no later than 5 hours after the start of the
12work period.
13    This Section does not apply to employees for whom meal
14periods are established through the collective bargaining
15process.
16    This Section does not apply to employees who monitor
17individuals with developmental disabilities or mental illness,
18or both, and who, in the course of those duties, are required
19to be on call during an entire 8 hour work period; however,
20those employees shall be allowed to eat a meal during the 8
21hour work period while continuing to monitor those
22individuals.
23    This Section does not apply to individuals who are

 

 

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1employed by a private company and licensed under the Emergency
2Medical Services (EMS) Systems Act, are required to be on call
3during an entire 8-hour work period, and are not local
4government employees; however, those individuals shall be
5allowed to eat a meal during the 8-hour work period while on
6call.
7(Source: P.A. 100-1067, eff. 8-24-18.)
 
8    (Text of Section after amendment by P.A. 102-828)
9    Sec. 3. Every employer shall permit its employees who are
10to work for 7 1/2 continuous hours, except those specified in
11this Section, at least 30 20 minutes for a meal period
12beginning no later than 5 hours after the start of the work
13period. An employee who works in excess of 7 1/2 continuous
14hours shall be entitled to an additional 30-minute 20-minute
15meal period for every additional 4 1/2 continuous hours
16worked. For purposes of this Section, a meal period does not
17include reasonable time spent using the restroom facilities.
18    This Section does not apply to employees for whom meal
19periods are established through the collective bargaining
20process.
21    This Section does not apply to employees who monitor
22individuals with developmental disabilities or mental illness,
23or both, and who, in the course of those duties, are required
24to be on call during an entire 8 hour work period; however,
25those employees shall be allowed to eat a meal during the 8

 

 

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1hour work period while continuing to monitor those
2individuals.
3    This Section does not apply to individuals who are
4employed by a private company and licensed under the Emergency
5Medical Services (EMS) Systems Act, are required to be on call
6during an entire 8-hour work period, and are not local
7government employees; however, those individuals shall be
8allowed to eat a meal during the 8-hour work period while on
9call.
10(Source: P.A. 102-828, eff. 1-1-23.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.