Illinois Approves NICU Leave for Parents of Critically Ill Newborns

Illinois has become the second U.S. state to introduce NICU-specific leave for parents. The new law allows workers to take extra time off when their newborn requires extended hospital care. Currently, Colorado is the only other state with a similar policy. The Illinois Family Neonatal Intensive Care Leave Act will take effect on 1 June 2025. Under the law, parents can take 10 or 20 days of unpaid leave, depending on their employer’s size. This leave applies after any time off granted by the federal Family and Medical Leave Act has been used.

The need for such a policy became clear through cases like Emily Niemiec’s. Her son, Shane, was born 15 weeks early, weighing just 1 pound 10.5 ounces. He spent 109 days in the NICU at Northwestern Medicine Central DuPage Hospital, where the average stay is around 21 days. Shane’s medical bills alone exceeded $3 million, but he is now nearly one year old and doing well.

Colorado remains the only other state offering NICU-related leave, providing up to 12 weeks of paid time off for parents in similar situations. The new Illinois law will give parents additional unpaid leave when their newborn needs prolonged hospital treatment. It aims to ease the financial and emotional strain on families during a child’s NICU stay. The policy comes into force next summer, offering support beyond existing federal leave rights.