ILCS » Chapter 820 · Act 140
Illinois Compiled Statutes

820 ILCS 140/3 (2026)

Every employer shall permit its employees who are to work for 7 1/2 continuous hours, except those specified in this Section, at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period

✓ current as of May 2026
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(820 ILCS 140/3) (from Ch. 48, par. 8c)
    Sec. 3. Every employer shall permit its employees who are to work for 7 1/2 continuous hours, except those specified in this Section, at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period. An employee who works in excess of 7 1/2 continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 1/2 continuous hours worked. For purposes of this Section, a meal period does not include reasonable time spent using the restroom facilities.
    This Section does not apply to employees for whom meal periods are established through the collective bargaining process.
    This Section does not apply to employees who monitor individuals with developmental disabilities or mental illness, or both, and who, in the course of those duties, are required to be on call during an entire 8 hour work period; however, those employees shall be allowed to eat a meal during the 8 hour work period while continuing to monitor those individuals.
    This Section does not apply to individuals who are employed by a private company and licensed under the Emergency Medical Services (EMS) Systems Act, are required to be on call during an entire 8-hour work period, and are not local government employees; however, those individuals shall be allowed to eat a meal during the 8-hour work period while on call.
(Source: P.A. 102-828, eff. 1-1-23.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2005–2025 · leading case: Kostecki v. Dominick's Finer Foods, Inc., 836 N.E.2d 837 (Ill. App. Ct. 2005).
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Kostecki v. Dominick's Finer Foods, Inc., 836 N.E.2d 837 (Ill. App. Ct. 2005). “That Act generally provides that employees must receive 24 consecutive hours’ rest each week (820 ILCS 140/2 (West 2002)), as well as at least 20 minutes for meals if an employee is scheduled to work at least 7V2 hours (820 ILCS 140/3 (West 2002)). The Act also provides that…”
Carty v. Suter Co., Inc., 863 N.E.2d 771 (Ill. App. Ct. 2007). “” 820 ILCS 140/3 (West 2002). Whether this statutory provision provides a basis for a retaliatory-discharge cause of action is a matter of first impression in Illinois.”
Perez v. Radioshack Corp., 552 F. Supp. 2d 731 (N.D. Ill. 2005). “See 820 ILCS 140/3 (requiring 20 minute meal period).”
Perez v. Radioshack Corp., 386 F. Supp. 2d 979 (N.D. Ill. 2005). “See 820 ILCS 140/3 (requiring 20 minute meal period).”
Andrews v. Nw. Med. (N.D. Ill. 2025). “¶¶ 90, 94 (discussing 820 ILCS 140/3). On June 16, 2025, Defendant moved to dismiss Count IV of Plaintiff’s complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).”
Carty v. Suter Co., Inc. (Ill. App. Ct. 2007). “" 820 ILCS 140/3 (West 2002). Whether this statutory provision provides a basis for a retaliatory-discharge cause of action is a matter of first impression in Illinois.”
Kostecki v. Dominick's Finer Foods, Inc. (Ill. App. Ct. 2005). “That Act generally provides that employees must receive 24 consecutive hours' rest each week (820 ILCS 140/2 (West 2002)), as well as at least 20 minutes for meals if an employee is scheduled to work at least 7 1/2 hours (820 ILCS 140/3 (West 2002)). The Act also provides that…”
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