As of June 1, Illinois employers with 16 or more employees must provide unpaid, job-protected leave to employees whose child is a patient in a neonatal intensive care unit (“NICU”). The Family Neonatal Intensive Care Leave Act (the “Act,” Public Act 104-0259), signed by Governor J.B. Pritzker in 2025, adds to Illinois’ growing roster of employee leave protections. Here is what the law requires and what employers should do now.

Coverage and Leave Amounts

The Act applies to Illinois employers with 16 or more employees. The amount of leave depends on employer size:

• 16 to 50 employees: up to 10 days of unpaid, job-protected leave
• 51 or more employees: up to 20 days of unpaid, job-protected leave 

Leave is capped at the actual length of the child’s NICU stay if shorter than the applicable maximum. 

Eligibility

Unlike the federal Family and Medical Leave Act ("FMLA"), the Act has no minimum tenure or hours-worked requirements. Employees are eligible from day one, and both full-time and part-time workers are covered. The definition of “child” is broad, encompassing a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. 

Employees may take leave continuously or intermittently. However, employers may require that intermittent leave be taken in minimum increments of no less than two hours. 

Interaction with FMLA and Paid Leave

NICU leave is separate from and in addition to FMLA leave. FMLA-eligible employees must exhaust their FMLA entitlement first, but employees who are ineligible for FMLA (due to lack of length of service, part-time status, or employer size) may still qualify for NICU leave. 

Notably, employers may not require employees to use accrued paid time off in place of unpaid NICU leave, though employees may voluntarily choose to do so. 

Reinstatement, Benefits, and Verification

Under the Act, employers must reinstate returning employees to their former position or a substantially equivalent one, with no loss of accrued benefits. Health insurance must be maintained during the leave as though the employee was still working, and employers may not require the employee to find a replacement worker. 

Employers may request reasonable verification of the NICU stay, but must avoid seeking confidential information protected by HIPAA or other privacy laws. The Act does not define “reasonable verification,” but a medical provider’s confirmation of the duration or expected length of the stay would likely suffice. 

Enforcement and Penalties

The Act prohibits retaliation against employees who exercise their rights, oppose practices they believe violate the Act, or support the exercise of rights by another employee. Employees may file a complaint with the Illinois Department of Labor or bring a civil action within 60 days of the last alleged violation. Violations can result in civil penalties of up to $5,000 per affected employee, along with unpaid wages and other damages.

What Employers Should Do Now

The Act is already in effect. Here are the steps employers should take now:

• Determine your coverage tier. Audit your Illinois headcount to confirm whether you fall within the 16 to 50 employee tier or the 51-plus tier, as this determines whether you must provide 10 or 20 days of leave.
• Update your employee handbook. Revise leave policies and handbooks to reflect the availability of NICU leave, including how it interacts with FMLA and any other leave benefits your organization provides. Internal request forms and leave-tracking systems should be updated as well.
• Train managers and HR staff. Provide training on how to handle NICU leave requests, the proper sequencing of FMLA and NICU leave, anti-retaliation obligations, and the prohibition against requiring employees to use paid time off.
• Establish verification procedures. Develop a clear, streamlined process for requesting reasonable verification of a child’s NICU stay that avoids requesting any protected health information.
• Monitor developments. The Illinois Department of Labor is authorized to adopt rules and issue further guidance on the Act’s requirements, which may include notice requirements or additional compliance obligations. Barnes & Thornburg's Labor and Employment Department will provide updates that may affect your policies and procedures.