Yes, if you have more than 15 employees; no if you have 15 or fewer employees.
From June 1, 2026, Illinois employers with 16 or more employees must provide unpaid, job-protected NICU leave, a leave targeted at parents. Employers with 16 to 50 employees offer up to 10 days. Employers with 51 or more offer up to 20 days. Employers with 15 or fewer are exempt. The law (NICLA, Public Act 104-0259, HB 2978) was signed by Governor Pritzker on August 15, 2025.
What the law requires
As per the Ogletree Deakins analysis, Illinois NICU breaks down like this:
- Effective date: June 1, 2026
- Employer threshold: 16+ employees in Illinois
- 16 to 50 employees: up to 10 days unpaid leave; 51+: up to 20 days
- Unpaid but job-protected; health insurance must be maintained during leave
- Forcing PTO instead: Companies can't force workers to take paid time off (like PTO or leave under the Illinois Paid Leave for All Workers Act) instead of unpaid NICU or NICLA leave, but the employee may use it voluntarily
- Eligibility: all employees, regardless of tenure or full-time or part-time status, with no minimum hours or service requirement
- Leave format: continuous or intermittent in minimum 2-hour increments
- Verification: "reasonable verification" that the child is in NICU care, but no HIPAA-protected medical information
- Anti-retaliation with a private right of action; penalties up to $5,000 per violation. Employees must file complaints within 60 days
How NICU leave interacts with FMLA
NICU leave is separate from and additional to FMLA. It does not run concurrently. When the employee is also eligible for FMLA (50+ employees, 12+ months tenure, 1,250+ hours), they exhaust FMLA first and NICU leave provides additional days.
For employers with 16 to 49 employees, FMLA may not apply at all, which renders NICU leave the employee's primary entitlement.
What employers typically do
Employers and HR, who might notice these rulings interact with their parental leave policy or other policies, usually handle NICU and NICLA with the following actions:
- Update the employee handbook to include the NICU leave policy before June 1
- Train managers on the new entitlement, especially the ban on forcing the parent to use PTO instead
- Establish a request and verification process that meets the "reasonable verification" standard without asking for HIPAA-protected medical information
- Track leave usage separately from FMLA and other leave types
- Post any required workplace notices mandated by the Illinois Department of Labor
Disclaimer:
This article informs. It does not advise on the law.
TL;DR
- From June 1, 2026, Illinois employers with 16+ employees must provide unpaid, job-protected NICU leave: 10 days for 16 to 50 employees, 20 days for 51+. Under 16: exempt.
- All employees are eligible regardless of tenure or hours worked. Companies can't force workers to take paid time off instead of unpaid NICU or NICLA leave. Leave can be taken intermittently in 2-hour blocks.
- NICU leave is separate from FMLA and does not run concurrently.