Illinois and Maine Expand Leave Compliance Obligations for Employers

Employers with operations in Illinois and Maine should review two significant state leave developments affecting workplace leave administration in 2026.  Illinois has enacted a new leave entitlement for employees with children receiving neonatal intensive care, while Maine’s paid family and medical leave program is now operational and processing benefits.  Together, these laws reflect the continued expansion of state-level leave obligations and reinforce the need for employers to coordinate state-specific leave rights with existing FMLA, paid time off, disability, and benefits programs.

1. Illinois: New NICU Leave Begins June 1, 2026

Effective June 1, 2026, Illinois employers with 16 or more employees must provide unpaid, job-protected leave under the Family Neonatal Intensive Care Leave Act (“FNICLA”) for employees whose child is receiving treatment in a neonatal intensive care unit (“NICU”).  Employers with 16 to 50 employees must provide up to 10 days of leave, while employers with 51 or more employees must provide up to 20 days of leave.  The amount of leave available is capped at the applicable statutory maximum or the duration of the child’s NICU stay, whichever is less.

Unlike the federal Family and Medical Leave Act (“FMLA”), the Illinois law does not impose a minimum tenure or hours-worked requirement for eligibility.  As a result, newly hired and part-time employees may qualify for leave protections.  Leave may be taken continuously or intermittently while the child remains in neonatal care, and employers may require leave to be taken in minimum increments of no less than two hours.  Importantly, for employees eligible for FMLA, NICLA leave is not concurrent with FMLA leave.  Rather, employees must first exhaust available FMLA leave before accessing NICLA leave, effectively making NICLA an additional leave entitlement.

The law also limits how employers may administer leave.  Employers may not require employees to exhaust accrued paid leave before taking NICU leave, although employees may elect to substitute available paid time off.  During leave, employers must maintain group health insurance coverage under the same terms that would apply if the employee remained actively employed.  Employers may request reasonable verification confirming the child’s NICU admission or treatment but may not require disclosure of confidential medical information.

Because NICLA leave operates differently than traditional FMLA administration, employers should carefully review leave coordination protocols.  In particular, employers should ensure that FMLA-eligible employees exhaust FMLA leave before NICLA begins and assess how NICLA interacts with employer-provided parental leave, paid time off, disability-related accommodations, and other state leave obligations.

2. Maine: Paid Family and Medical Leave Program Now Operational

Maine’s Paid Family and Medical Leave (“PFML”) program has entered its benefits phase, making paid leave benefits available to eligible employees for qualifying absences.  Employers with at least one (1) Maine employee are subject to program requirements and should ensure they are prepared to administer claims and coordinate PFML with existing leave and benefit programs.  To qualify for benefits, employees generally must have earned at least six times Maine’s state average weekly wage during the applicable base period.

The Maine program generally provides eligible employees with up to 12 weeks of paid leave during a benefit year for qualifying reasons, including the employee’s own serious health condition, bonding with a new child, caring for a family member with a serious health condition, certain military-related exigencies, and safe leave for circumstances involving domestic violence, sexual assault, stalking, or similar situations.

Maine PFML may run concurrently with federal FMLA or Maine family medical leave when the leave qualifies under multiple laws, and leave may be taken continuously or intermittently, including in increments of less than a full workweek where appropriate.  However, employers should be aware that prior leave taken under FMLA or Maine family medical leave during the preceding 12 months may reduce the amount of PFML available to an employee.

Employees generally are expected to provide reasonable advance notice when the need for leave is foreseeable, with approximately 30 days’ notice often considered reasonable, and notice as soon as practicable in emergency circumstances. Maine’s law also contains an unusual undue-hardship provision permitting employers, in certain circumstances, to raise concerns regarding the timing of leave, generally within 10 business days after receiving notice of an application.

Employees who have worked for an employer for at least 120 consecutive days generally are entitled to job restoration protections upon return from leave.  Employees taking PFML generally remain entitled to employment protections during leave, and employers must continue accrual of paid time off and certain employment benefits during leave, requiring employers to evaluate how vacation, sick leave, disability plans, and wage replacement benefits interact with PFML.  The program is funded through premiums of up to 1% of employee wages, generally split between employers and employees, although employers with fewer than 15 employees are not required to contribute the employer portion of the premium.

3. What Employers Should Do Now

Employers with Illinois or Maine employees should review leave policies, employee handbooks, and HR training materials to ensure compliance with these expanding state leave obligations. In particular, employers should consider the following steps:

• Review workforce coverage to determine whether the Illinois NICU leave law applies and identify employees who may qualify for leave protections.
• Update leave policies and handbook language to address Illinois NICU leave requirements and Maine PFML administration, including intermittent leave, benefits continuation, reinstatement rights, and coordination with other leave entitlements.
• Assess leave coordination protocols to determine how these laws interact with FMLA, PTO, parental leave, short-term disability, and other employer-provided benefits.
• Confirm Maine PFML administrative readiness, including claim management procedures and internal points of contact for responding to state or administrator requests.

These developments reflect the continuing expansion of state leave protections.  Employers should review existing policies and practices to ensure compliance with evolving state requirements.  For more information or assistance, please contact one of Honigman’s Employment and Labor Attorneys here.