Illinois Break Laws: ODRISA Meal Periods for Employers

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The answer

Yes: 20 minute meal for 7.5 hour shifts, starting by the 5th hour

Under the One Day Rest In Seven Act (ODRISA), 820 ILCS 140, the Illinois Department of Labor (IDOL) says employees get a meal period of at least 20 minutes for every 7.5 hour shift, beginning no later than five hours after the shift starts, with one more 20 minute meal added for each further block of 4.5 continuous hours. Reasonable restroom breaks come on top of the meal period. (Illinois Department of Labor, One Day Rest In Seven Act (820 ILCS 140))

“At least 20 minutes, no later than 5 hours after the start of the work period, to employees who work 7 ½ continuous hours or more.”
Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023) · dol.gov · verified Sep 27, 2026

Employee handbook template

What it means for Illinois employers

Illinois regulates the meal, not coffee breaks. The state law described by IDOL sets no general paid rest period for adults, so the one scheduled pause Illinois guarantees is the 20 minute meal, and its timing matters as much as its length: it begins by the end of the fifth hour. (Illinois Department of Labor, One Day Rest In Seven Act (820 ILCS 140))

The second meal is tied to continuous hours. IDOL's FAQ puts it concretely: a shift of 12 hours or longer earns an additional 20 minute meal break (7.5 plus 4.5 hours). (Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))

Employees cannot be pushed into skipping lunch. IDOL says an employer may not force an employee to work through the meal break, and if the employee does work through it, that time is paid. (Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))

Restroom use is not rationed to meal time. IDOL answers that reasonable restroom breaks are given in addition to the meal and do not count against it. (U.S. DOL, Breaks and meal periods)

ODRISA also guarantees rest across the week: at least 24 hours of rest in every consecutive seven day period. An employer that needs volunteers on a seventh day can ask IDOL for a permit, with a statement that the employees are volunteers, and overtime rules still apply above 40 hours. (Illinois Department of Labor, One Day Rest In Seven Act (820 ILCS 140))

When an employer does offer short coffee breaks, the federal rule described by the U.S. Department of Labor applies: breaks of about 5 to 20 minutes are paid work time, while bona fide meal periods, usually 30 minutes or more, are not work time. (U.S. DOL, Breaks and meal periods)

Penalties and liability

IDOL's ODRISA FAQ sets the amounts by employer size. Under 25 employees: damages to the employee of up to $250 per offense and a penalty to the Department of up to $250 per employee per offense. At 25 employees or more: up to $500 in each category. (Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))

Each day a meal period is not given to an employee is a separate offense, as is each seven day period without 24 hours off. A 25 employee business that skips one worker's meal on five days could face up to $2,500 in damages to that worker and up to $2,500 in Department penalties. (Illinois Department of Labor, One Day Rest In Seven Act (820 ILCS 140))

Exceptions and special cases

Employees whose meal periods and days off are governed by a collective bargaining agreement are excluded, but ODRISA applies if the agreement is silent on meal breaks or days off (IDOL FAQ). (U.S. DOL, Breaks and meal periods)
Seventh day work is possible with an IDOL permit for volunteering employees. (Illinois Department of Labor, One Day Rest In Seven Act (820 ILCS 140))

Worked examples

Shift from 8:00 a.m. to 4:00 p.m. (8 hours)

One 20 minute meal period that begins no later than 1:00 p.m. Restroom breaks as reasonably needed. No second meal, since the shift is under 12 continuous hours. (U.S. DOL WHD, Meal period requirements under state law)

Distribution center shift, 7:00 a.m. to 7:30 p.m.

12.5 continuous hours: the first 20 minute meal starts by noon, and a second 20 minute meal is due for the additional 4.5 hours. (Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))

Seven straight days in October 2026

An employee scheduled Monday, October 5 through Sunday, October 11, 2026 without 24 hours of rest breaches ODRISA unless IDOL granted a permit and the employee volunteered. (Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023))

How to act on it

Attendance policySet the 5 hour meal start deadline and the restroom rule in writing.Break laws for every stateIllinois compared with Wisconsin, Indiana, Kentucky, Missouri and Iowa.Illinois employer rulebookPaid leave, final compensation and paydays in Illinois.Written warning templateAddress break abuse without forcing anyone to work through a meal.

Breaks: Illinois and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Meal break	Rest break
Illinois	20 minutes	Pending verification
Wisconsin	No state rule	No state rule
Indiana	No state rule	No state rule
Kentucky	Reasonable lunch period between the 3rd and 5th hour of work	10 min per 4 hours (full page)
Missouri	Pending verification	Pending verification
Iowa	No state rule	No state rule

Questions about Illinois break rules

Does Illinois require paid rest breaks?

Not for adults in general; ODRISA requires a 20 minute meal period and reasonable restroom breaks. Short breaks an employer chooses to give are paid under federal rules.

When must the Illinois meal break start?

No later than five hours after the start of the shift, for shifts of 7.5 hours or more.

Can an Illinois employee work through lunch?

The employer cannot force it; if the employee works through the meal, the time is paid, according to IDOL.

What are the ODRISA penalties?

Up to $250 or $500 per offense in damages to the employee and the same range per employee in penalties to IDOL, depending on whether the employer has fewer than 25 employees.

Do union employees get ODRISA meal breaks?

Only if their collective bargaining agreement does not cover meal breaks and days off.

The verified rules behind this page (1)

Employees who work 7.5 continuous hours or more must get a meal period of at least 20 minutes, beginning no later than 5 hours after the start of the work period, plus an additional 20-minute meal period for every additional 4.5 continuous hours worked. (Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (U.S. DOL WHD table, January 1, 2023); verified Sep 27, 2026)

Sources (4)

Checked Sep 27, 2026 · How we verify every rule · Report an error

Illinois break laws: meal periods under the One Day Rest In Seven Act