NICU leave in Illinois
If your newborn has been admitted to a neonatal intensive care unit (NICU), we want you to know: Illinois law may protect your right to take time away from work to be with your child. We know this is an incredibly difficult time, and we're here to help you understand what you're entitled to.
Starting June 1, 2026, the Illinois Family Neonatal Intensive Care Leave Act (820 ILCS 157) provides eligible employees with up to 10 or 20 days of job-protected leave while your child is hospitalized in a NICU. This leave is in addition to any FMLA leave you may also be entitled to.
How will taking NICU leave impact my paid and unpaid leave benefits?
Illinois NICU leave is unpaid leave. Illinois does not have a state-run paid family leave program, so there is no state benefit to replace your wages during this time.
However, your total leave picture depends on several individual factors, including:
Whether you are also eligible for FMLA leave
Whether you have already used some or all of your FMLA entitlement
Whether your child is still hospitalized in the NICU
Your employer's size (which determines whether you receive 10 or 20 days)
Because these factors vary, we recommend reaching out to our team so we can walk you through what applies to your specific situation.
Do I qualify?
Illinois NICU leave has very broad eligibility. You qualify if:
Your employer has 16 or more employees. This is the only employer-side requirement.
You are an employee of that employer. There is no minimum tenure and no minimum hours requirement. You are eligible from your first day on the job.
Your child has been admitted to a NICU. The leave is available only while your child remains hospitalized in the NICU.
Unlike FMLA, you do not need to have worked for your employer for 12 months or logged 1,250 hours. If you started last week and your child is in the NICU, you are likely covered.
How many days am I entitled to?
Your entitlement depends on the size of your employer's workforce:
16 to 50 employees: Up to 10 days of NICU leave
51 or more employees: Up to 20 days of NICU leave
If you're unsure which tier applies to you, your employer's HR team or our support team can confirm.
You may take this leave intermittently — you do not need to take all of your days in one continuous block. You can take time as needed, in 2-hour increments, while your child remains in the NICU.
How does this interact with FMLA?
If you are eligible for FMLA (the federal Family and Medical Leave Act), the two programs work sequentially, not at the same time:
FMLA runs first. Your FMLA entitlement is used before Illinois NICU leave begins.
Once FMLA is exhausted, Illinois NICU leave activates. As long as your child is still hospitalized in the NICU, your Illinois NICU days become available after your FMLA leave has been fully used.
Illinois NICU leave gives you additional time beyond FMLA. It does not replace or run alongside it.
What if I'm not eligible for FMLA?
If you are not FMLA-eligible — for example, if you are a new hire who hasn't worked for your employer for 12 months, or you work part-time and haven't met the hours threshold — Illinois NICU leave is available to you as a standalone, immediate entitlement.
Your NICU days are available right away, starting from the date your child is admitted to the NICU. This is an important protection: it means you have job-protected leave even when FMLA doesn't apply to your situation.
Will I be paid during NICU leave?
Illinois NICU leave is unpaid. There is no state-run paid leave program in Illinois that provides wage replacement during this time.
Your employer cannot require you to use your accrued time off (e.g., PTO) during NICU leave. However, you may take time that you’re entitled to during this time, that is your choice. Time like PTO usage is managed between you and your employer's HR team.
How do I request NICU leave in Cocoon?
After you decide to request Illinois NICU leave, simply email [email protected]:
Subject line: "Request for IL NICU Leave"
Include: the date your child was admitted to the NICU and the dates you are requesting for leave
Employees will need Cocoon's manual assistance to initiate this because they cannot currently request or model this leave design directly in Cocoon's platform.
Our team will walk you through your options, confirm your entitlement, and help you get your leave set up. You can also reach us by clicking the "Contact us" button in your Cocoon dashboard.
We're here to support you through this.