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September 4, 2025
Colorado and Illinois recently enacted laws to provide leave for parents of a child receiving care in a neonatal intensive care unit (NICU) so that they do not have to choose between their child’s care and their jobs/income.
Colorado
Colorado amended its Paid Family and Medical Leave Insurance Act to extend the duration of paid family and medical leave, up to an additional 12 weeks, for a parent who has a child receiving inpatient care in a NICU. See 2025 Co. SB 144. The amendment became effective on August 6, 2025, and it applies to claims arising on or after January 1, 2026.
Illinois
Illinois enacted the Family Neonatal Intensive Care Leave Act (Act) in mid-August, and it becomes effective on June 1, 2026. See 2025 Ill. HB 2978. The Act provides job-protected, unpaid leave for parents with a child in the NICU.
The law permits up to ten days of leave for employees of small businesses (16 to 50 employees) and up to 20 days for employees of larger businesses (51+ employees).
The leave is separate from the federal Family and Medical Leave Act. Employees may take leave under this Act intermittently or continuously, and employees have job reinstatement rights and rights to continue their health coverage during the leave.
Colorado and Illinois Employers: Update your policies and practices to include this additional circumstance as a reason for which employees may take a leave of absence.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Colorado, Illinois, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
