Important Update: Illinois Family Neonatal Intensive Care Leave Act
The Illinois Family Neonatal Intensive Care Leave Act has passed and will take effect on June 1, 2026. Key points for employers:
Who is Affected & Leave Requirements: Employers with 16 to 50 employees must provide 10 days of unpaid neonatal intensive care leave. And employers with 51 or more employees must provide 20 days of unpaid leave.
Leave Details: Employees can take leave continuously or intermittently, but employers may require a minimum increment of at least two (2) hours. This leave is in addition to any leave available under the federal Family Medical Leave Act (FMLA). Employees must, however, exhaust FMLA leave before using leave under this Act.
Job Protection: Employees must be restored to their former or an equivalent position after returning from leave, with no loss of benefits.
Health Insurance: Employers are required to maintain applicable health insurance benefits for employees while on leave.
Use of Available Paid Leave: Employers CANNOT force employees to use available paid leave (like PTO or leave under the Illinois Paid Leave for All Workers Act) instead of the unpaid leave provided by this Act, though employees may choose to do so.
Request for Supporting Medical Documentation: Employers may request reasonable verification of the employee's child's length of stay in the neonatal intensive care unit but CANNOT ask for confidential medical information.
You can access the bill here: HB2978 104TH GENERAL ASSEMBLY. Employers should review and update their leave policies to comply with these new requirements.
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