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In this series, we will explore some of the ways states vary from one another in their employment laws.
Having a sick newborn in intensive care is a terrifying experience. However, states historically granted no special leave for parents who were experiencing such an ordeal. If such employees qualified for the Family and Medical Leave Act (FMLA) or some other form of leave, great. If not, they were solely at the mercy of their employers. Recently, though, states have started to provide special leave entitlements to parents with a child in a neonatal intensive care unit (NICU).
For example, Illinois' Neonatal Intensive Care Leave Act takes effect on June 1, 2026. Employees who work for an employer with 16 to 50 employees will be entitled to use up to 10 days of unpaid leave while their child is a NICU patient. Employees who work for an employer with 51 or more employees will be entitled to use up to 20 days of unpaid leave. At the conclusion of the leave, the employee is entitled to reinstatement to their previous position or a substantially-equivalent one. An employee does not have to meet FMLA eligibility requirements to qualify for NICU leave.
In January 2026, Colorado parents will be eligible to take Neonatal Care Leave, which is more extensive than Illinois' law. Colorado employees with a child in a NICU may take up to 12 weeks of paid Neonatal Care Leave using Colorado's paid Family and Medical Leave Insurance program (FAMLI), which applies to virtually all private employers, regardless of size. Notably, this leave is offered on top of the existing 12 weeks of paid family and medical leave already offered under FAMLI and the four additional weeks of FAMLI available to birthing parents who experience complications during childbirth or pregnancy. FAMLI provides job protection and reinstatement to the same or equivalent position for most employees.
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