Illinois Creates New NICU Leave
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 and can require reasonable documentation to support that the leave was taken for the covered purpose.
This leave is in addition to that provided under the federal Family and Medical Leave Act (FMLA) and does not run concurrently with it.
Action Items:
Update your Staff Handbook’s leave policies to reflect this new leave reason