FMLA-Adjacent Leave – Two Deadlines for Illinois Employers in 2026
Chicago Partner Brian C. Hoppe issued a Litchfield Alert this year regarding two pertinent developments that employment counsel for Illinois employers should have on their books.
What Changed | Family Neonatal Intensive Care Leave Act (NICLA)
Effective June 1, 2026, covered Illinois employers with 16 or more employees must provide unpaid, job-protected leave when an employee’s child is in the NICU—10 days for employers with 16-50 employees, 20 days for those with 51 or more. The key compliance wrinkle is that employees must exhaust any available Family and Medical Leave Act (FMLA) leave before using NICLA, and the leave operates alongside FMLA rather than replacing it. Employers should be revising handbooks and leave-tracking systems now, not in May.
What Changed | Filing Deadlines
Don’t confuse the state and federal clocks! A reminder that continues to trip people up is that Illinois extended the deadline to file a discrimination charge with the Illinois Department of Human Rights (IDHR) to two years from the discriminatory act, up from the former 300-day window. Yet, the federal deadline to file with the Equal Employment Opportunity Commission (EEOC) remains unchanged at 300 days. That gap matters! An employee who waits past 300 days may have actually preserved a state claim while simultaneously losing the federal one. Thus, it is worth walking clients through both of these timelines rather than assuming a dual-filing covers everything.
Equally relevant on the Illinois side is that IDHR fact-finding conferences are no longer automatic in every investigation as of January 1, 2026. Instead, they now require a joint request within 90 days of filing.
Employers and Human Resource teams need to be alert! Now’s the time to review leave policies and charge-response procedures to reflect recent changes. Litchfield Cavo attorneys understand the complexities of FMLA, EEOC and DHR matters and the concerns they may pose for businesses. If you would like to discuss recent updates and how state and federal statutes may impact your workplace, a Litchfield Cavo attorney can analyze your filing. To download a printable copy of this Litchfield Alert, click here. Please visit LitchfieldCavo.com.
About the Author
Brian handles Federal Employers Liability Act claims including professional liability and other general torts, as well as various personal injury claims. He has experience serving as general counsel for Illinois municipalities managing litigation and counseling clients regarding employment decisions, policy-making collective bargaining matters, contracts and grievance arbitrations.