New Law Expands Job-Protected Leave for NICU Parents

Illinois workers whose newborns require care in a neonatal intensive care unit now have expanded access to job-protected, unpaid leave under a new state law that took effect January 1.

In 2025, JB Pritzker signed House Bill 2978, known as the Family Neonatal Intensive Care Leave Act, which establishes new leave requirements for employers across the state. Under the law, businesses with between 16 and 50 employees must provide up to 10 days of unpaid leave to workers whose child is admitted to a neonatal intensive care unit, while employers with more than 50 workers are required to provide up to 20 days.

The measure received unanimous support from Springfield-area lawmakers, with yes votes from State Representative Mike Coffey, State Representative Wayne Rosenthal, State Senator Steve McClure, and State Senator Doris Turner.

The law applies to both part-time and full-time employees and is intended to reach workers who may not qualify for federal protections. It expands beyond the federal Family and Medical Leave Act, which applies only to public agencies, K-12 schools, and private employers with at least 50 employees and allows eligible workers to take up to 12 weeks of unpaid leave annually. Employees who qualify for federal leave must first exhaust that time before using the additional NICU-specific leave provided under the new Illinois law.

Employers covered by the act are required to maintain an employee’s health insurance benefits during the leave period and guarantee reinstatement to the same or an equivalent position once the leave concludes. While employers may not require workers to use paid time off instead of the unpaid NICU leave, employees may choose to do so if they wish.

Violations of the Family Neonatal Intensive Care Leave Act may result in fines of up to $5,000.