On August 15, 2025, Illinois Governor Pritzker signed the Family Neonatal Intensive Care Leave Act (“FNICLA”) into law. Starting June 1, 2026, certain Illinois employers must permit employees to take leave from work when their child is a patient in a neonatal intensive care unit (NICU).
All employees of covered employers are able to take leave under FNICLA when they have a child in a NICU. The amount of leave available depends on the size of the employer:
- Employers with 15 or fewer employees: not covered
- Employers with 16-50 employees: 10 days of unpaid leave
- Employers with 51 or more employees: 20 days of unpaid leave
Leave can be taken continuously or intermittently, and employers can require use of leave in 2-hour increments. Employees can choose to substitute any paid leave during a period of leave under FNICLA but employers cannot require it.
Leave under the FNICLA is in addition to any leave taken under the federal Family and Medical Leave Act (FMLA). This means an employee could exhaust any available FMLA leave and still be able to take additional leave under FNICLA. Additionally, employers cannot require the use of leave under FNICLA prior to the use of any paid leave.
Employers are free to request “reasonable verification” of the NICU stay but cannot request any confidential health information.
During leave health insurance benefits must be maintained as if the employee was actively working. Upon return from leave, employees must be reinstated to their previous position or an equivalent role.
Key Takeaway:
Employers with employees in Illinois should carefully review the requirements of FNICLA. Employers may want to review handbooks or policies to determine if any updates are necessary in light of the legal changes brought by FNICLA.
