Canada (EN)
Illinois enacted the Family Neonatal Intensive Care Leave Act via House Bill 2978. The law creates a new category of job-protected, unpaid leave for employees whose child is a patient in a neonatal intensive care unit (NICU). The requirements apply to employers with 16 or more employees and take effect June 1, 2026.
Summary of key changes:
- Tiered unpaid NICU leave by employer size
Employers with 16–50 employees must provide up to 10 days of unpaid NICU leave; employers with 51+ employees must provide up to 20 days. Leave is capped at the applicable maximum or the length of the child’s NICU stay, whichever is less. - Intermittent use permitted
Leave may be taken continuously or intermittently at the employee’s selection; employers may require minimum increments of not less than two hours.
- Coordination with FMLA and paid leave
Employees eligible for FMLA must access NICU leave after completing FMLA leave taken (NICU leave is in addition to FMLA). Employers cannot require substitution of paid leave, though employees may elect to substitute other available paid or unpaid leave.
Employer action steps:
- Confirm coverage & employee counts to determine whether the 16-employee threshold (and the 16–50 vs. 51+ tier) applies.
- Update policies, handbooks, and templates to add NICU leave, reflect FMLA sequencing, and document intermittent leave increments and verification practices.
- Train HR and supervisors on eligibility triggers, reinstatement/benefit continuation obligations, and acceptable verification (length-of-stay only; no HIPAA-protected information).
How Alight supports employers
Alight Leave Solutions will incorporate and implement the required changes where they affect Alight’s leave administration services. This includes updates on paid and unpaid family and medical leave offerings, as well as training our internal teams on the changes.
Disclaimer
This material is provided for general information purposes only and does not constitute legal advice. The information contained in this article reflects the legislative, statutory, and/or regulatory landscape as of the date of publication. Given the evolving nature of laws, regulations, and interpretive and official guidance, portions of this content may no longer be current. Readers should not rely on this content as a substitute for current compliance guidance and should consult the most up-to-date statutes, regulations, and guidance, and/or seek legal advice before acting on any information referenced herein.
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