05/20/2026
⭐Beginning June 1, 2026, Illinois will require employers with 16 or more employees to provide unpaid, job-protected leave when an employee has a child in the neonatal intensive care unit (NICU). The amount of leave is based on employer size as follows:
Employers with 16–50 employees: Up to 10 days
Employers with 51 or more employees: Up to 20 days
Employees can take this leave intermittently, though employers can require a minimum of two-hour increments. Employees can also choose (though can’t be required) to substitute any other available paid or unpaid leave. Employers must continue employees’ health insurance during the leave.
Documentation: Employers can require reasonable documentation to support that the leave was taken for the covered purpose.
Intersection with FMLA: This leave is in addition to that provided under the federal Family and Medical Leave Act (FMLA) and does not run concurrently with it.
More Information: The state is expected to issue frequently asked questions (FAQs) prior to the June 1, 2026, effective date. Employers should monitor the state’s web page for updates.
Action Items: Update your leave policies to reflect this new leave reason.
📑 If you don't have an Employee Handbook, or have questions if this new leave law affects you, contact us below!