Illinois Meal and Rest Break Laws (2026)

The rule

	Illinois
Meal period	At least 20 minutes for an employee working 7.5 continuous hours or more, beginning no later than 5 hours after the start of work
Long shifts	An additional 20-minute meal period for every additional 4.5 continuous hours worked, so a second one on a 12-hour shift
Restroom breaks	Reasonable restroom breaks must be provided in addition to the meal period
Day of rest	At least 24 consecutive hours of rest in every consecutive seven-day period; employers can apply to IDOL for a permit to allow voluntary seventh-day work
Pay	The meal period can be unpaid when the employee is relieved of duty; an employee who works through it must be paid. Rest breaks of 20 minutes or less, if given, are paid under federal rules
Penalties	Employers with fewer than 25 employees: up to $250 per offense to the employee and up to $250 per employee per offense to the Department. 25 or more employees: up to $500 each. Each day without a required meal period is a separate offense per employee
Exemptions	Employees whose meal periods and days of rest are governed by a collective bargaining agreement, and other categories listed in the Act

The 7.5-hour and 5-hour numbers

The rule has two triggers. The shift has to reach 7.5 continuous hours for a meal period to be required at all, and once it does, the 20 minutes must start within the first 5 hours. A 7-hour shift needs no required meal break under ODRISA. An 8-hour shift that starts at 7 a.m. needs a 20-minute break that begins by noon.

Longer shifts get more: an additional 20 minutes for every additional 4.5 continuous hours, which in practice means a second break on 12-hour shifts. Reasonable restroom breaks are required on top, and they cannot be counted against the meal period.

The day of rest

ODRISA also requires at least 24 consecutive hours off in every consecutive seven-day period. An employer that needs seventh-day work can apply to IDOL for a permit, and the employee must agree voluntarily and still receive overtime for hours over 40. Each seven-day period without a day off is a separate offense, the same as each missed meal period.

Worked example: a 20-person home care agency

Two caregivers work back-to-back shifts at a client's home: one 8 a.m. to 4 p.m. (8 hours), one 4 p.m. to 4 a.m. (12 hours).

The day caregiver reaches 7.5 hours, so she is owed a 20-minute meal period that starts by 1 p.m. Sending her at 1:30 p.m. is a violation even though the break is 20 minutes long.
The night caregiver is owed a first 20-minute break by 9 p.m. and, because the shift runs 12 continuous hours, a second 20-minute break for the additional 4.5 hours.
If the agency with 20 employees misses the day caregiver's break on three days in a week, that is three separate offenses: up to $250 each to her and up to $250 each to the Department, or up to $1,500 for one employee in one week.

How to track it

ODRISA is a timing law, so the record needs the shift start, the break start, and the break length for every employee on a 7.5-hour or longer shift. A timesheet that only shows total hours cannot prove that the 20 minutes began by the fifth hour.

ClockOut records meal breaks as separate punches, flags a required break that has not started as the fifth hour approaches while the shift is running, and lists missed or late breaks in the manager's exception inbox before payroll. Schedule views also make the seven-day rest requirement visible when building the week.

Illinois meal and rest breaks FAQ

How long does a shift have to be before Illinois requires a meal break?

7.5 continuous hours. At that point the employee must get at least 20 minutes for a meal, starting no later than 5 hours into the shift. Shorter shifts have no required meal break under ODRISA.

Does the 20-minute meal break have to be paid?

Not if the employee is relieved of duty for it. If the employee works through the break, the time must be paid. Restroom breaks are in addition to the meal period.

Does Illinois require rest breaks?

ODRISA requires reasonable restroom breaks and the meal period, not scheduled rest breaks. If an employer gives short rest breaks, federal rules treat breaks of about 5 to 20 minutes as paid time.

What is the penalty for a missed meal break in Illinois?

For employers with fewer than 25 employees, up to $250 per offense payable to the employee and up to $250 per employee per offense payable to the Department. For 25 or more employees, up to $500 each. Every day without a required meal period is a separate offense.

Sources, checked September 9, 2026

This is general information, not legal advice. Rules change; check the linked source.