A new wave of Illinois employment laws requires covered Illinois employers to provide unpaid leave for parents with a child in neonatal care, paid leave for military funeral honors, and paid break time for nursing mothers.
Effective June 1, 2026, employers with at least sixteen employees are required to provide unpaid leave to employees to use while their child is a patient in a neonatal intensive care unit.
Under the Family Neonatal Intensive Care Leave Act, employees of employers with 16 to 50 employees may use up to 10 days of leave, while employees of employers with at least 51 employees may use up to 20 days of leave. This leave may be taken continuously or intermittently, though employers may require that leave be taken in at least two-hour increments.
The bill requires employers to maintain an employee’s health insurance benefits while he or she is on leave and to reinstate the employee to his or her former position or a substantially equivalent position once the leave ends.
Employers are prohibited from taking any adverse action against an employee exercising his or her right to neonatal intensive care leave. Employers who violate the Act are subject to a civil penalty up to $5,000 per employee affected.
As of August 1, 2025 (Public Act 104-0078), Illinois employers with 51 employees or more are required to provide certain covered employees with up to eight hours of paid leave per month, or up to 40 hours...
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