As of June 1, 2026, the Illinois Family Neonatal Intensive Care Act (the “Act”) is in effect.
Under the new Act, eligible employees are given unpaid, job-protected leave – in addition to FMLA – when their baby is in the neonatal intensive care unit (NICU). Employers cannot require the employee to use paid leave before using the leave provided under the Act. However, the employee can choose to use paid leave before using leave under this Act.
Employers with 16-50 employees must provide an eligible employee with up to 10 days of unpaid leave. Employers with 51 or more employees must provide an eligible employee up to 20 days of unpaid leave.
Employees may take the leave continuously or intermittently. While on leave, employers are required to maintain the employee’s health insurance benefits. When the employee returns from leave, the employee must receive the same or equivalent position as the employee held prior to leave.
For assistance with ensuring your company’s policies are in compliance with this Act, please contact us.
