Illinois

Below you will find any recent or upcoming changes to the family and medical leave and/or leave income replacement benefit law(s) within this state.

Last Updated: 12/15/25

Illinois Family and Medical Leave Programs

What is the Update?

Illinois Family Neonatal Intensive Care Leave Act

Update Effective 06/01/26: Governor JB Pritzker signed HB 2978, the Family Neonatal Intensive Care Leave Act, which provides unpaid leave for employees with a child in a neonatal intensive care unit (NICU) beginning June 1, 2026. Under this new act, employers must provide unpaid NICU leave for employees based on their employee count:

  • Employers with 16 to 50 employees: 10 days
  • Employers with 51 or more employees: 20 days

Eligible employees may take leave continuously or intermittently at the employee’s selection but employers may require that leave be taken in minimum increments of not less than 2 hours. Employers may also require reasonable verification of an employee’s child’s length of stay in the NICU, however, they cannot request confidential medical information protected by HIPAA or any other law. Employees who are eligible for leave under the Family and Medical Leave Act (FMLA) must first exhaust those leave entitlements before they can take leave under this Act, meaning FMLA and NICU leave do not run concurrently. Be sure to review the bill for additional information on reinstatement rights and prohibited practices as well as update internal leave policies accordingly.

Handbook/Policy Updates

Updates to your company handbook may need to be made if you include IL specific income replacement benefits information.

Notice Requirements

Currently, there is no legal requirement for employers to notify their workers of this law.

Larkin Action

The Larkin Company will consider any law changes carefully, and update our internal resources and processes, as well as our employee leave information packets, if necessary.

Further Company Considerations

N/A

Resources

HB 2978 (IL NICLA)

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Disclaimer
The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.