New Illinois NICU Leave Law Takes Effect, Providing Job Protections for Parents (Springfield, IL) – The Illinois Department of Labor (IDOL) is reminding employers and workers that the Family Neonatal Intensive Care Leave Act officially took effect on June 1, 2026, providing eligible employees with unpaid, job-protected leave when a newborn child requires care in a neonatal intensive care unit (NICU).
The law is intended to support families facing medical emergencies involving newborn infants by allowing parents time away from work without fear of losing their jobs.
Under the new law, employers with 16 to 50 employees must provide eligible workers with up to 10 days of unpaid leave, while employers with 51 or more employees must provide up to 20 days of unpaid leave.
Employees may take the leave either continuously or intermittently, depending on their needs. Upon returning to work, workers must be restored to the same position they held before taking leave or to an equivalent position with similar pay, benefits, and responsibilities.
The law also requires employers to maintain employees’ health insurance benefits while they are on leave.
According to the Illinois Department of Labor, the leave provided under the Family Neonatal Intensive Care Leave Act is separate from and in addition to leave available through the federal Family and Medical Leave Act (FMLA).
Employers are prohibited from requiring workers to use accrued paid leave in place of NICU leave, although employees may voluntarily choose to use paid time off during their absence.
“Families facing a medical crisis involving a newborn should not have to choose between caring for their child and keeping their job,” said Illinois Department of Labor Director Jane Flanagan. “This law provides important workplace protections during an incredibly difficult time.”
State officials encourage employers to review the new requirements and ensure compliance with the law.
Additional information about the Family Neonatal Intensive Care Leave Act is available through the Illinois Department of Labor. Questions can be directed to the agency’s Leave Rights Division.
New Illinois NICU Leave Law Takes Effect, Providing Job Protections for Parents
