The Illinois Family Neonatal Intensive Care Leave Act (Public Act 104-0259) provides eligible employees with unpaid leave to care for a child receiving medical treatment in a neonatal intensive care unit (NICU) and is intended to support families during critical times while ensuring job protection and continuation of benefits.
Select one of the following links or scroll down for specific information:
Eligibility
Approval
Length of Leave
Benefits Continuation
Compensation
Returning from Leave
Employee Rights
Eligibility
All employees at the university are eligible for Family Neonatal Intensive Care leave.
Eligible employees who are also eligible for Family and Medical Leave (FMLA) must first use FMLA leave before using Family Neonatal Intensive Care leave.
Approval
Employers may request reasonable verification of a child’s NICU stay but may not request confidential medical information protected by HIPAA or other laws. Verification may consist of documentation from the medical provider regarding the estimated length of time in the NICU. No additional medical information is necessary. When possible, the employee should provide verbal notice within two working days of learning of the need for leave.
Length of Leave
Employees may take up to 20 unpaid days of Family Neonatal Intensive Care Leave, or the length of time their child remains in the neonatal intensive care unit, whichever is shorter. This leave may be taken continuously or intermittently, depending on the employee’s needs, but must be used in minimum increments of two hours.
Benefits Continuation
While on Family Neonatal Intensive Care Leave, employees continue to receive the same State and University benefits as when actively working. All State-paid contributions continue.
Compensation
Leave under this Act is unpaid. An employee is not required to substitute paid leave but may choose to use any accrued paid leave as a substitution to NICU leave.
Returning from Leave
At the conclusion of this leave, employees must be reinstated to their former position or a substantially equivalent one.
Employee Rights
Employees using NICU leave are protected under this Act. Specifically, an employer may not take adverse action against an employee who:
- Exercises rights under this Act.
- Opposes practices believed to be in violation of the Act.
- Supports another employee’s use of NICU leave.