Illinois workers with a newborn in a neonatal intensive care unit will soon have additional access to job-protected, unpaid leave.
Gov. JB Pritzker signed House Bill 2978, dubbed the Family Neonatal Intensive Care Leave Act, earlier this year and it takes effect Jan. 1. It requires employers of between 16 and 50 workers to provide up to 10 days of unpaid leave to employees who have a child in the NICU. Larger employers must provide up to 20 days.
The law applies to both part- and full-time workers. It covers a broader swath of workers than the federal Family and Medical Leave Act — the law requiring public agencies, K-12 schools and private companies with at least 50 employees to provide up to 12 weeks of unpaid leave per year. Workers eligible for FMLA must exhaust that leave first before utilizing NICU leave.
Employers covered under the law must maintain their employee’s health insurance benefits and guarantee their reinstatement upon the conclusion of leave. Employers can’t force workers to exhaust their paid leave instead of unpaid NICU leave, though employees can take it if they choose.
Violations may result in fines of up to $5,000.
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