The Illinois Family Neonatal Intensive Care Leave Act took effect June 1, 2026, and provides eligible employees with up to 20 days of unpaid, job-protected leave while a child of an employee is a patient in a neonatal intensive care unit (NICU).

The available length of leave under the Act is based on employer size. For purposes of determining an employer’s size, all employees are counted regardless of whether they physically work in Illinois.

• Employers with fewer than 16 employees are not covered.
• Employers with 16–50 employees must provide up to 10 days of leave to eligible employees.
• Employers with 51 or more employees must provide up to 20 days of leave to eligible employees.

For example, an employer with 52 employees nationwide but only five employees working in Illinois must provide up to 20 days of NICU leave to eligible employees.

Additional important considerations under the Act include the following:

• To be eligible, an employee must primarily work in Illinois and work for an employer with 16 or more employees.
• For purposes of NICU leave, a "neonatal intensive care unit" is a special care unit that provides medical treatment to premature and critically ill infants.
• A “child” means an employee’s son or daughter who is a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis.
• An employee shall be entitled to NICU leave for the maximum number of days allowed under this Act (10 or 20) or the length of time...

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