Starting June 1, 2026, a new Illinois law will require certain employers to provide job-protected, unpaid leave for parents with newborns admitted to a Neonatal Intensive Care Unit (NICU). This groundbreaking legislation, known as the Family Neonatal Intensive Care Leave Act, was signed into law by Governor JB Pritzker on August 15, 2025.
Key Provisions of the Family NICU Leave Act
Employer Coverage
Employers with 16–50 employees must provide up to 10 days of unpaid leave.
Employers with 51+ employees must provide up to 20 days of unpaid leave.
Employers with 15 or fewer employees are exempt.
Eligibility & Flexibility
Leave may be taken continuously or intermittently.
Employers may set a minimum increment for intermittent leave (no more than two hours).
Employees eligible under the Family and Medical Leave Act (FMLA) must use their FMLA entitlement first before accessing NICU leave.
Verification Rules
Employers may require reasonable verification of the child’s NICU stay.
Employers cannot demand confidential medical information.
Additional Employee Protections
The law goes beyond basic leave rights by offering important job security and anti-retaliation protections:
Employees may choose to substitute available paid leave (such as PTO or leave under the Illinois Paid Leave for All Workers Act).
Employers must reinstate employees to their original or an equivalent position after leave.
Employers are required to maintain health insurance benefits during NICU leave.
Employees cannot be forced to find or provide a replacement worker.
Retaliation against employees for exercising their rights—or for supporting co-workers exercising theirs—is strictly prohibited.
Compliance Considerations for Employers
Although the Act does not currently mandate that employers provide written notice of NICU leave rights, the Illinois Department of Labor (IDOL) may issue additional regulations. Employers should:
Review and update leave policies to align with the new requirements.
Train HR teams and managers on employee eligibility and rights.
Plan ahead to maintain compliance by June 2026.
Why This Law Matters
The Family NICU Leave Act highlights Illinois’ commitment to supporting working parents during critical medical emergencies. With NICU stays often lasting days or weeks, this legislation ensures parents can focus on their child’s health without fear of losing their jobs or benefits.