New NICU Leave Protections Law for Illinois Workers In Effect June 1

Under a new state law, Illinois employees now have access to unpaid, job-protected leave when a newborn requires care in the neonatal intensive care unit (NICU).

New Law Aims to Support Families During Medical Emergencies

A new Illinois law designed to support parents facing medical crises involving newborn children officially took effect on June 1, 2026.

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The Family Neonatal Intensive Care Leave Act expands workplace protections for families during one of the most challenging periods they may experience, allowing parents to focus on their newborn's care without immediately worrying about their employment status.

Leave Requirements Depend on Employer Size

Under the new law, employers with 16 to 50 employees must provide up to 10 days of unpaid leave for eligible workers. Businesses with 51 or more employees are required to offer up to 20 days of unpaid leave.

Employees may use the leave continuously or intermittently depending on their family's needs. The law also requires employers to restore workers to the same or an equivalent position when they return from leave.

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Additionally, employers must continue health insurance coverage during the approved leave period, providing an added layer of security for families dealing with an expensive and stressful medical situation.

Additional Protection Beyond Federal Leave Laws

State officials note that the Family Neonatal Intensive Care Act is separate from and in addition to leave available through the federal Family and Medical Leave Act (FMLA).

Families facing a medical crisis involving a newborn should not have to choose between caring for their child and keeping their job. This law provides important workplace protections during an incredibly difficult time. -Illinois Department of Labor Director Jane Flanagan

Employers cannot require workers to use accrued paid leave in place of NICU leave, although employees may choose to do so voluntarily.

Workers and employees looking for more information about the law can contact the Illinois Department of Labor's Leave Rights Division at 312-793-2600 or email DOLLeaveRights@Illinois.gov.