The Family Neonatal Intensive Care Leave Act (the “Act”) takes effect on June 1, 2026, making Illinois one of the first states in the country to require job-protected parental leave for employees with children who are receiving care in a neonatal intensive care unit (“NICU”).
The Act requires employers with 16 to 50 employees to provide 10 days of unpaid neonatal intensive care (“NIC”) leave to any employee whose child is a patient in a NICU. Employers with more than 50 employees must provide 20 days of NIC leave. The Act defines “child” broadly to include biological, adopted, and foster children as well as stepchildren, legal wards, and children of a person standing in loco parentis.
Employees may take NIC leave continuously or intermittently. Employers cannot require employees to use NIC leave concurrently with any available paid leave (such as vacation or sick time), although employees may choose to do so. Additionally, employees who are eligible for leave under the Family and Medical Leave Act (“FMLA”) must exhaust all available FMLA leave before taking NIC leave. Reasonable verification of a child’s length of stay in a NICU may be required, and employees returning from NIC leave must be reinstated to their same position or a “substantially equivalent” role with no loss of benefits.
Employers may not retaliate against employees who exercise their rights (or support others who exercise their rights) under the Act or who oppose behavior that violates the Act.
Employers should prepare for the Act now by updating their employee handbooks and ensuring that managers and human resources professionals are trained on the Act’s requirements.
For more information, please contact Michelle T. Olson at molson@vedder.com, Alex E. Mastorides at amastorides@vedder.com, or any Vedder attorney with whom you have worked.
