What happened?

On June 24, 2025, Illinois passed HB2978, creating the Family Neonatal Intensive Care Leave Act, a new law that grants unpaid, job-protected leave to employees whose newborn child is admitted to a Neonatal Intensive Care Unit (NICU).

Overview:

Summary of the Provisions (Section 10)

• Employers with 16–50 employees must provide up to 10 days of unpaid NICU leave.
• Employers with 51 or more employees must provide up to 20 days of unpaid NICU leave.
• Leave may be taken intermittently or continuously, with a minimum increment of 2 hours.
• Leave under this Act is in addition to any leave provided under the Family and Medical Leave Act (FMLA).
• Employees must be reinstated to their previous or equivalent position after leave.
• Employers must maintain health insurance coverage during the leave.

Employee Protections (Section 15)

• Employers cannot retaliate against employees who take NICU leave or support others exercising their rights.
• Protected activities include filing complaints, participating in investigations, or testifying.

Enforcement & Penalties (Sections 20–25)

• Employees may file a complaint with the Illinois Department of Labor or take legal action within 60 days of a violation.
• Employers may face civil penalties up to $5,000 per affected employee.
• 20% of collected penalties will be deposited into the newly created Neonatal Intensive Care Leave Fund (Section 90) to support enforcement.

Definitions (Section 5)

• “Child” includes biological, adopted, foster, stepchildren, legal wards, and children for whom the employee stands in loco parentis.
• Applies to both private and public employers, including the State of Illinois.

Source References

• Illinois HB 2978 – NEONATAL INTENSIVE CARE LEAVE – (Public Act 104-0259)
• Governor Press Release – Illinois HB 2978

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