Illinois Neonatal Intensive Care Leave Act goes into effect June 1, 2026

Governor Pritzker passed the Illinois Neonatal Intensive Care Leave Act (“the Act”), which requires employers with 16 or more employees to provide unpaid leave for parents of a child in a neonatal intensive care unit (NICU). The Act further specifies that:

• employers with 16 – 50 employees must provide up to 10 days of unpaid leave during the child’s NICU stay; and
• employers with more than 50 employees must provide up to 20 days of unpaid leave during a child’s NICU hospitalization.

Leave under the Act is available to all employees regardless of their part-time or full-time status or their length of employment. Accordingly, this leave is available to employees who may not be eligible under the Family Medical Leave Act (FMLA). Also, the leave can be taken continuously or intermittently. Employers may require that the leave be taken in no less than two-hour or more increments.

The definition of “child” under the Act includes an employee’s son or daughter who is biological, adopted, a foster child, a stepchild, a legal ward, or a child of person standing in loco parentis, meaning the employee has legal responsibility over the child.

Eligible employees must first exhaust their FMLA requirement, but if their child remains in the NICU after the FMLA leave is exhausted, they are entitled to use leave under the Act. Unlike FMLA, employees cannot be required to exhaust paid time off while taking leave under the Act, however, employees may choose to use it. Employees must be provided with the full amount of leave under the Act even if their FMLA leave has been exhausted. During the leave, employees will have job protection and must be reinstated to their original or equivalent role with no changes in salary or benefits. Employers must also maintain the employee’s health insurance during the leave.

Employers may request verification of the need for the leave, but cannot request confidential medical details. It is expected that the Illinois Department of Labor will publish regulations providing additional guidance and a form to be used for certification purposes. It is expected that any documentation from a physician regarding the need for a NICU stay and the length of the NICU stay should be sufficient.

The Act prohibits employers from taking adverse action against an employee for exercising their rights under the Act. The Illinois Department of Labor (IDOL) can impose civil penalties of up to $5,000 per violation and award other damages such as unpaid wages. Employers should update their employee handbooks to include a policy related to this leave. Additionally, Human Resource personnel should receive training on compliance with the Act. For more information on compliance with the Act, please contact Rachel Bossard, Chair of Burke Warren’s Labor and Employment practice group.