DO MY EMPLOYEES EVER HAVE TO BE AT WORK?

Over 15 state and federal laws provide employees with protected leave and time off from work. Illinois employers will soon need to navigate new and expanded employee leave rights, most of which took effect on Jan. 1.

Neonatal Intensive Care Leave Act. Significantly, the Neonatal Intensive Care Leave Act (effective June 1, 2026) introduces new unpaid leave rights for employees with a child in a neonatal intensive care unit (NICU). The law defines “child” broadly, including biological, adopted, foster, and stepchildren, as well as legal wards and children for whom the employee stands in loco parentis. Leave entitlement varies by employer size:

• 16–50 employees: 10 unpaid days
• 51 or more employees: 20 unpaid days

Employees may take leave in increments as short as two hours, and the leave is in addition to any available under the federal Family and Medical Leave Act (FMLA). Employers must maintain health insurance and reinstate employees to their jobs after leave. While verification of the child’s NICU stay is allowed, employers cannot request HIPAA-protected information.

Expanded Protections Under VESSA. Amendments to the Victims’ Economic Security and Safety Act (VESSA), went into effect Jan. 1, 2026. The law continues to provide leave for victims of domestic, sexual, gender, or other crimes of violence and their family members. The amount of leave depends on employer size:

• 50+ employees: 12 weeks
• 15–49 employees: 8 weeks
• 1–14 employees: 4 weeks

New provisions add protections for an employee’s personal use of employer-provided electronic devices, such as cell phones. Employers may not penalize an employee “because the employee used employer-issued equipment to record domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or a family or household member of the employee.” Employers must also allow employee access to such recordings.

Blood and Organ Donation Leave Act. Starting Jan. 1, 2026, amendments to the Blood and Organ Donation Leave Act extend paid organ donation leave to part-time employees. Organ donation leave was previously limited to an employer’s full-time staff. Employees may also continue to take up to one hour of paid leave every 56 days to donate blood and up to 10 paid days annually for organ donation.

Military Leave Act Updates. Effective August 1, 2025, the Military Leave Act—formerly the Family Military Leave Act—establishes a paid leave benefit to participate in a funeral honors detail for veterans. Eligible employees may take up to eight hours per month and 40 hours per year at their regular rate of pay. Employers at 24/7 care facilities may deny leave if staffing would fall below safe levels.

An employee is eligible for paid leave if the employee is trained to participate in a funeral honors detail and : (1) is a retired or active member of the armed forces, a reserve component, or the Illinois National Guard; or (2) an authorized provider or a registered member of a nonprofit or other organization authorized provider, including a member of a veteran’s service organization.
What employers should do now? With these looming changes, Illinois employers should:

• Review the law to determine if they are a covered employer.
• Review and update leave policies and handbooks to ensure compliance.
• Train HR teams and managers on new requirements.
• Prepare for additional record-keeping and verification processes.

The views expressed are those of the author(s) and do not necessarily represent those of the Greater Rockford Chamber of Commerce.