Neonatal Intensive Care Leave in Illinois

In 2025, Illinois enacted the Family Neonatal Intensive Care Leave Act. Effective June 1, 2026, this Act requires certain Illinois employers to provide unpaid leave to employees who have a child hospitalized in a neonatal intensive care unit (NICU).

Illinois employers with 16 to 50 employees need to provide up to 10 days of unpaid leave, while Illinois employers with 51 or more employees need to provide up to 20 days of unpaid leave. The Act does not apply to Illinois employers with 15 or fewer employees.

Employees are eligible for NICU leave even if they work part-time or have not worked long enough to qualify for Family and Medical Leave Act (FMLA) leave. However, if an employee qualifies for FMLA leave, the employee must first use up the FMLA leave before taking NICU leave. Employers may not retaliate against employees for asking for or taking NICU leave.

Thickstun Luo LLC may be able to help you pursue a legal claim if your employer has refused to provide you with parental leave that you are entitled to under the law. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.