Illinois and New Jersey Update Leave of Absence Laws

Illinois and New Jersey are implementing changes to their employee leave of absence laws. Details on eligibility, entitlements and effective dates are outlined below.

Illinois

Effective June 1, 2026, Illinois will introduce a new unpaid leave of absence law for employees whose child is a patient in a neonatal intensive care unit. This law applies to employers with 16 or more employees and does not require a minimum length of service or hours worked for employee eligibility.

Eligible employees are entitled to:

• Up to 10 days of leave for employers with 16 to 50 employees
• Up to 20 days of leave for employers with 51 or more employees

Leave may be taken continuously or intermittently at the employee’s discretion. Employers may require leave to be taken in minimum increments of two hours and may also request reasonable verification of the child’s stay in the neonatal ICU.

Employees who qualify for leave under the federal Family and Medical Leave Act must exhaust their FMLA entitlement before using this neonatal intensive care leave.

New Jersey

The New Jersey Family Leave Act provides unpaid leave for the birth of a child, adoption or foster care placement, care for a family member with a serious health condition, and certain reasons related to a public health emergency.

Currently, the law applies to employers with at least 30 employees and to employees who have worked at least 12 months and 1,000 hours in the preceding 12-month period. Effective July 17, 2026, the law will expand to cover employers with at least 15 employees. Employee eligibility will also change to require only three months of employment and 250 hours worked in the preceding 12 months.

If you have questions or would like additional information about these laws, including how The Standard can support compliance efforts, please contact your account manager or a representative near you.