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Saturday, May 16, 2026

New NICU Leave For Illinois Workers Starts June 1: Is Your Business Prepared? - JD Supra

Businesses operating in Illinois will soon have to provide unpaid, job protected leave to employees with children in a neonatal intensive care unit under a new state law. Illinois employers with 16 or more employees should start to prepare now for The Family Neonatal Intensive Care Leave Act, which is set to take effect on June 1. Employees at covered businesses will be entitled to up to 20 days of unpaid time off to care for a child in the NICU under the new law, in addition to other state and federal family leave requirements. This Insight will cover everything you need to know ahead of the June 1 compliance date and offer you five steps to help prepare.

Who’s Covered By The Law?

  • Illinois employers with 16 to 50 employees must provide up to 10 days of leave for workers with “any child” who is a patient in a neonatal intensive care unit.
  • Employers with 51 or more employees must provide up to 20 days of this leave.

The law defines “child” broadly to include a “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.”

Employees in the state are eligible for this leave as soon as they start working, and the law covers full-time and part-time workers. The law doesn’t apply to businesses with 15 or fewer employees.

Intersection With Paid Leave + Federal Laws

While leave taken under Illinois’ NICU leave law doesn’t have to be paid, employees may choose to substitute unpaid leave with any paid...



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