News

New laws: Illinois expands job-protected leave for parents with newborns in NICU

New laws: Illinois expands job-protected leave for parents with newborns in NICU

Photo: Contributed/Jerry Nowicki


SPRINGFIELD, Ill. (Capital News Illinois) — Illinois workers with a newborn in a neonatal intensive care unit will soon have additional access to job-protected, unpaid leave.

Gov. JB Pritzker signed House Bill 2978, dubbed the Family Neonatal Intensive Care Leave Act, earlier this year and it takes effect Jan. 1. It requires employers of between 16 and 50 workers to provide up to 10 days of unpaid leave to employees who have a child in the NICU. Larger employers must provide up to 20 days.

The law applies to both part- and full-time workers. It covers a broader swath of workers than the federal Family and Medical Leave Act — the law requiring public agencies, K-12 schools and private companies with at least 50 employees to provide up to 12 weeks of unpaid leave per year. Workers eligible for FMLA must exhaust that leave first before utilizing NICU leave.

Employers covered under the law must maintain their employee’s health insurance benefits and guarantee their reinstatement upon the conclusion of leave. Employers can’t force workers to exhaust their paid leave instead of unpaid NICU leave, though employees can take it if they choose.

Violations may result in fines of up to $5,000.

Here are some other new labor laws that take effect in 2026.

AI in employment decisions

An amendment to the Illinois Human Rights Act, House Bill 3773, prohibits use of AI in employment decisions such as recruitment, hiring and promotion if that use results in discrimination due to race, religion, sex and age.

The law, which goes into effect Jan. 1, will require employers to disclose use of AI in employment decisions. The measure, however, could potentially run afoul of a recent order that limits how states can regulate AI.

Documenting domestic violence

House Bill 1278 prevents employers from disciplining employees for using work devices to document domestic violence, sexual violence, gender violence or other forms of violence against them or a family member. Employers also have to grant employees access to such documentation and communications stored on the devices.

The law was inspired by a New York woman who used her work device to document domestic abuse committed by her husband. She was disciplined by her employer and later murdered by her husband.

Workplace transparency

House Bill 3638 amends the Illinois Workplace Transparency Act to broaden the definition of “unlawful employment practice” to include any act prohibited by the Illinois Human Rights Act, the federal Civil Rights Act and any other state or federal law covering employment issues.

Employment contracts can also no longer include terms that limit an employee’s ability to engage in “concerted activity” like collective bargaining. And it prohibits contract stipulations that shorten the statute of limitations for employee claims, apply the law of another state to claims or require claims be resolved outside Illinois.

Paid leave for organ donors

House Bill 1616 extends paid leave requirements for organ donors to part-time employees.

Under the law, workers can use up to 10 days leave per year to serve as an organ donor. Part-time workers’ pay for these days will be their average daily pay rate over the previous two months.

Military honors

Under Senate Bill 220, employers with more than 50 workers must offer up to eight hours of paid leave per month — capped at 40 hours per calendar year — for employees to participate in a military funeral honors detail. It is in addition to regular paid time off.

Unemployment benefits

House Bill 3200 allows for someone who voluntarily leaves their job for mental health reasons to be eligible for unemployment benefits. It is a three-year pilot program that sunsets Dec. 24, 2028.

Recent Headlines

2 hours ago in Music, Trending

See the dates and ticket plans for the BTS tour that starts in April

The BTS comeback is upon us. The K-pop septet has announced a 2026 - 2027 world tour, kicking off in South Korea in April and running through March 2027 with over 70 dates across Asia, North America, South America, Australia and Europe.

2 hours ago in Entertainment

Mattel and Alex Aster team up for Barbie young adult novel, ‘Barbie: Dreamscape’

The publishing arm of Mattel Inc. is teaming with million-selling novelist Alex Aster on a Barbie young adult novel in which the iconic doll embarks on a journey across "treacherous, magical lands."

2 hours ago in Sports, Trending

John Harbaugh and the Giants are working on a deal to make him their coach, AP sources say

John Harbaugh and the New York Giants are working on an agreement to make him the team's head coach, three people with knowledge of the decision said Thursday.

19 hours ago in Entertainment

Actor Michael Keaton is named Man of the Year by Harvard’s Hasty Pudding Theatricals

Actor Michael Keaton has been named 2026 Man of the Year by Harvard University's Hasty Pudding Theatricals. The theater group, which dates to 1844 and claims to be the world's third-oldest still operating, announced Wednesday that Keaton will receive his Pudding Pot award at a celebratory roast Feb. 6.

1 day ago in Entertainment

Trevor Noah to host Grammys for the sixth and final time

Trevor Noah will be hosting the Grammy Awards for the sixth consecutive year, but this time, it's being billed as a farewell gig. The Recording Academy announced Tuesday that the South African comedian is returning "one final time" for the Feb. 1 show, for which he will also serve as an executive producer.