Illinois Family Neonatal Intensive Care Leave Act Now In Effect

Eligible employees get unpaid, job-protected leave when a newborn is admitted to a NICU

Paul Cicchini - Illinois Department of Labor

Jun 4, 2026 9:30 AM

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SPRINGFIELD – The Illinois Department of Labor (IDOL) is reminding employers and workers that the Family Neonatal Intensive Care Leave Act (PA 104-259v) took effect June 1, 2026.

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The law provides eligible employees with unpaid, job-protected leave when their child is admitted to a neonatal intensive care unit (NICU).

Under the law:

Employers with 16 to 50 employees must provide up to 10 days of unpaid leave.
Employers with 51 or more employees must provide up to 20 days of unpaid leave.
Leave may be taken continuously or intermittently.
Employees must be restored to the same or equivalent position after returning from leave.
Employers must maintain an employee’s health insurance benefits while they are on leave.

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The leave is in addition to leave available under the federal Family and Medical Leave Act (FMLA). Employers cannot require workers to use paid leave instead of leave provided under the Act, though employees may choose to do so.

“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.”

More information about the Family Neonatal Intensive Care Leave Act is available on the Illinois Department of Labor website.

If individuals have questions about the Act, please contact the Leave Rights Division at (312) 793-2600 or DOL.LeaveRights@illinois.gov.

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