Illinois set to become second state to require employers to provide NICU leave

A long stay in the neonatal intensive care unit can be one of the most difficult journeys a parent can face, but starting next week, Illinois becomes only the second state in the nation to offer NICU-specific leave for moms and dads. 

One family who spent 109 days at the NICU at Northwestern Medicine Central DuPage Hospital said they're proud that Illinois is stepping up to help families during some of their hardest times, and hope these new protections bring comfort to other NICU families. 

When Emily Niemiec's son, Shane, was born 15 weeks early on June 23, 2025, he weighed just 1 pound 10.5 ounces. He wasn't due until October.

"How tiny he was. I mean, his head was probably the size of my thumb," she said.

Shane needed around the clock care at Central DuPage Hospital's NICU — and prayers.

Niemiec's husband had to return to work after just one week, adding the stress of a full-time job schedule to an already uncertain journey.

"It takes up so much of your energy to give all of your energy to your baby so they can thrive off the energy and fight for themselves," she said.

That's why she's applauding the Illinois Family Neonatal Intensive Care Leave Act, which was passed by the Illinois General Assembly last year and signed into law by the governor. The law, which goes into effect on June 1, should hopefully give parents of the tiniest patients a little more time to breathe.

Effective Monday, Illinois parents who work for employers with 16 or more employees now have a legal right to take unpaid time off to be with their child; up to 10 or 20 days, depending on the size of their employer. For employees who are already eligible for leave under the Family and Medical Leave Act, it can be taken after that leave is exhausted.

"The NICU is the best-kept secret that no one wants to know anything about until they have to live that. And, so, to be a part of a state that is looking at ways to better support our families that are going through those traumatic moments is really exciting," said Melissa Gustafson, clinical director of the NICU at Central DuPage Hospital.

Gustafson said the average length of stay in her unit is about 21 days, so this job-protected time could be really meaningful for families like Shane's.

Colorado is the only other state with specific NICU-related leave. That law requires up to 12 weeks of paid neonatal care leave for parents. Many advocates are hoping paid leave will soon be part of the conversation in Illinois as well.

"NICU stays – especially the really, really long ones – can really benefit from the time, the protected time, as well as the hopefully future financial assistance, as well," Gustafson said.

Niemiec said Shane's NICU bill alone was more than $3 million dollars, so having paid NICU leave "would have been huge for us."

"And it would be huge for so many people, and so many families," she said.

Fortunately, today Shane is almost 1 year old and thriving

"He is my miracle baby," Niemiec said.

"When a baby is admitted to the Neonatal Intensive Care Unit (NICU) a family's entire world changes overnight. The emotional, physical, and financial weight of that experience can be overwhelming. Parents navigate some of the most frightening and uncertain days of their lives while still facing the very real fear of losing their job or their paycheck if they stay by their baby's side. The Family Neonatal Intensive Care Leave Act recognizes what NICU families already know: being present is not a luxury, but rather, essential to a baby's healing, a family's bond, and a parent's ability to advocate for their child at the most vulnerable moment of that child's life. Illinois is home to more than 13,000 babies born each year who may require this level of care, and March of Dimes is encouraged to see the state taking this important step forward. We remain committed to ensuring that every family regardless of income, employer, or zip code, can take the time they need to be with their baby without facing financial hardship. Every family deserves the opportunity to be together during this time just as every baby deserves the healthiest possible start." - Kara Gilardi, MPH, CPXP  - AVP, NICU Family Support, March of Dimes

The Illinois Department of Labor will be responsible for enforcing this new NICU leave law.

Thirteen states and Washington, D.C., currently have statewide comprehensive paid family leave programs but right now Illinois is not one of them.