The Illinois State Capitol is pictured in Springfield. (Capitol News Illinois photo by Jerry Nowicki)
Article Summary
- People who work for employers of between 16 and 50 people will get up to 10 days of unpaid leave if they have a newborn in neonatal intensive care. Larger employers have to offer up to 20 days.
- Another measure prohibits use of AI in employment decisions such as recruitment, hiring and promotion if that use results in discrimination due to race, religion, sex and age.
- Paid time off will be extended for those participating in a military funeral honors detail. And part-time workers will get paid leave to serve as organ donors.
This summary was written by the reporters and editors who worked on this story.
Illinois workers with a newborn in a neonatal intensive care unit will soon have additional access to job-protected, unpaid leave.
Gov. JB Pritzker signed House Bill 2978, dubbed the Family Neonatal Intensive Care Leave Act, earlier this year and it takes effect Jan. 1. It requires employers of between 16 and 50 workers to provide up to 10 days of unpaid leave to employees who have a child in the NICU. Larger employers must provide up to 20 days.
The law applies to both part- and full-time workers. It covers a broader swath of workers than the federal Family and Medical Leave Act — the law requiring public agencies, K-12 schools and private companies with at least 50 employees to provide up to 12 weeks of unpaid leave per year. Workers eligible for FMLA must exhaust that leave first before utilizing NICU leave.
Employers covered under the law must maintain their employee’s health insurance benefits and guarantee their reinstatement upon the conclusion of leave. Employers can’t force workers to exhaust their paid leave instead of unpaid NICU leave, though employees can take it if they choose.
Violations may result in fines of up to $5,000.
Here are some other new labor laws that take effect in 2026.
AI in employment decisions
An amendment to the Illinois Human Rights Act, House Bill 3773, prohibits use of AI in employment decisions such as recruitment, hiring and promotion if that use results in discrimination due to race, religion, sex and age.
The law, which goes into effect Jan. 1, will require employers to disclose use of AI in employment decisions. The measure, however, could potentially run afoul of a recent order that limits how states can regulate AI.
Documenting domestic violence
House Bill 1278 prevents employers from disciplining employees for using work devices to document domestic violence, sexual violence, gender violence or other forms of violence against them or a family member. Employers also have to grant employees access to such documentation and communications stored on the devices.
The law was inspired by a New York woman who used her work device to document domestic abuse committed by her husband. She was disciplined by her employer and later murdered by her husband.
Workplace transparency
House Bill 3638 amends the Illinois Workplace Transparency Act to broaden the definition of “unlawful employment practice” to include any act prohibited by the Illinois Human Rights Act, the federal Civil Rights Act and any other state or federal law covering employment issues.
Employment contracts can also no longer include terms that limit an employee’s ability to engage in “concerted activity” like collective bargaining. And it prohibits contract stipulations that shorten the statute of limitations for employee claims, apply the law of another state to claims or require claims be resolved outside Illinois.
Paid leave for organ donors
House Bill 1616 extends paid leave requirements for organ donors to part-time employees.
Under the law, workers can use up to 10 days leave per year to serve as an organ donor. Part-time workers’ pay for these days will be their average daily pay rate over the previous two months.
Military honors
Under Senate Bill 220, employers with more than 50 workers must offer up to eight hours of paid leave per month — capped at 40 hours per calendar year — for employees to participate in a military funeral honors detail. It is in addition to regular paid time off.
Unemployment benefits
House Bill 3200 allows for someone who voluntarily leaves their job for mental health reasons to be eligible for unemployment benefits. It is a three-year pilot program that sunsets Dec. 24, 2028.
Maggie Dougherty contributed to this report.
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
