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Illinois Day of Rest Law

Posted by Tamara

The Illinois One Day Rest in Seven act requires an employer to give workers one day off per payroll week. Employees can volunteer to work 7 days per week, but they cannot be compelled to do so by the employer. The employer cannot take an adverse action against an Illinois employee – like firing the employee – because he or she refused to work 7 days per week.

The law does not specify which day the employee must be given off. Some employees may have Tuesday off, while others have Sunday off. Nor does the law require that the employee be given the same day off each week. However, the employer cannot require that an employee work 7 days per week.

The Illinois law requires that the work schedule showing the employee’s day off be posted by Sunday for the following week.

Under the Illinois law, an employee can be required to work up to 12 days in a row. If the payroll week begins on Sunday, the employee can have Sunday off one week and work 12 straight days, with Saturday off the following week. This is legal, as long as each weekly schedule has the employee working no more than 6 days.

The law does not apply to part-time workers whose total workweek is less than 20 hours. It also exempt certain employees needed to service machinery or for public safety, employees in agriculture, coalminers, seasonal employees in the canning or agricultural industry, security guards, exempt employees under the FLSA, and employees on some ships.

The Illinois Director of Labor can authorize an employer to require that employees work 7 days per week for up to 8 weeks in a year, under some circumstances.

The same law also entitles Illinois employees to a meal break of 20 minutes or more on each shift of 7.5 consecutive hours. Additional restrictions apply for firefighters and drivers.

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