Illinois’ New NICU Leave Law

What Workers and Employers Need to Know

Illinois is expanding workplace protections for families with newborns in intensive medical care. Beginning June 1, 2026, the state’s new Family Neonatal Intensive Care Leave Act will give eligible employees unpaid, job-protected leave when their child is admitted to a neonatal intensive care unit (NICU).

The law reflects a growing recognition that parents with babies in the NICU face extraordinary emotional, financial, and logistical stress. For many families, balancing hospital visits, medical decisions, and employment obligations has been nearly impossible under existing leave protections alone.

What the New Law Provides

Under the new Illinois law, employees working for covered employers can take unpaid leave while their child is receiving treatment in a NICU. The amount of leave depends on the size of the employer:

• Employers with 16–50 employees must provide up to 10 days of unpaid leave.
• Employers with 51 or more employees must provide up to 20 days of unpaid leave.

The leave is job-protected, meaning employees must generally be restored to the same or a substantially equivalent position after returning to work. Employers are also required to maintain benefits during the leave period.

Who Is Covered?

One of the most significant features of the law is its broad eligibility standards. Unlike the federal Family and Medical Leave Act (FMLA), which requires employees to meet minimum hours-worked and length-of-service thresholds, the Illinois NICU law applies more broadly to workers. All employees, including full-time, part-time, seasonal, and temporary employees may qualify as soon as they start working.

The law defines “child” broadly to include biological, adopted, foster, and stepchildren, as well as children for whom the employee stands in loco parentis.

How the Law Works With FMLA

The new NICU leave exists in addition to protections under the federal FMLA. Employees who qualify for FMLA must first use their FMLA leave before accessing Illinois NICU leave benefits.

This is important because FMLA leave may already be consumed during childbirth recovery or bonding time. The Illinois law effectively creates an additional protected leave period specifically tied to a child’s NICU hospitalization.

For workers who do not qualify for FMLA, the state law may provide protections they otherwise would not have had.

Flexible Leave Options

Employees may take NICU leave continuously or intermittently. Employers may require leave to be taken in increments of at least two hours, but they cannot force workers to use paid leave (such as PTO, vacation, or sick time) before taking NICU leave.

Employers should keep in mind the already existing Paid Leave for all Workers Act (PLAWA) and Chicago and Cook County workers have their own paid leave ordinances that replace PLAWA and how these laws intersect.

Employers may request reasonable verification confirming the child’s NICU stay, but they may not demand unnecessary confidential medical details that would violate HIPAA. “Reasonable” is not define but can be as simple as a medical provider note.

What Employers Should Do Now

Although the law does not take effect until June 1, 2026, employers should begin preparing now by:

• Updating employee handbooks and leave policies
• Training HR staff and managers
• Reviewing coordination procedures with FMLA, other applicable leave laws, and your own vacation, sick and PTO policies
• Establishing documentation and verification processes
• Ensuring payroll and benefits systems can accommodate the leave requirements

A Broader Shift in Illinois Labor Policy

The NICU leave law is part of a broader expansion of employee protections in Illinois in recent years, including statewide paid leave requirements and additional family-related workplace protections. The state has increasingly positioned itself as one of the more worker-protective jurisdictions in the country.

If you need assistance or have further questions about FMLA, contact us for guidance and support. MRA members can reach out to our 24/7 HR Hotline.