Effective June 1, 2026, eligible employees of Illinois State University may take job-protected leave when their child is receiving care in a Neonatal Intensive Care Unit (NICU). The Illinois Family Neonatal Intensive Care Leave Act (NICLA) leave is separate from and in addition to leave provided under the federal Family and Medical Leave Act (FMLA, policy 3.1.12).
Eligibility
Eligible employees are those who are the parent of a child receiving NICU care, defined as a biological child, adopted child, foster child, stepchild, legal ward, or a child for whom the employee stands in loco parentis.
If both parents are employed be Illinois State University, each employee is eligible for their own NICLA-protected leave.
There are no length of service, hours worked, or employment classification requirements for NICLA leave.
Leave Entitlement
An eligible employee may take up to 20 workdays of unpaid NICLA leave per NICU hospitalization, to be taken while the child is hospitalized in the NICU.
NICLA leave is separate from and in addition to FMLA leave. NICLA leave does not reduce, run concurrently with, or otherwise affect an employee's entitlement to FMLA leave.
Leave may be taken on an intermittent, reduced schedule, or continuous basis.
Use of Payable Benefit Time and Payroll Deductions
Employees may elect to use paid benefit time during NICLA leave but are not required to do so. During the time that the employee remains in a paid status by using their paid benefit time, the employee will continue to accrue sick, and if applicable, vacation time as well as have normal payroll deductions for insurance and other benefits. If the employee chooses not to use paid benefit time or runs out of paid benefit time, benefit accruals will cease, and the employee will be direct billed by the State of Illinois for insurance premiums. Failure to submit payment to the State of Illinois for premiums may result in cancellations of coverage.
In accordance with policy 3.1.38 Sick Leave Bank, employees who contributed to the Sick Leave Bank will have their leave automatically reviewed for award of Sick Leave Bank hours provided the employee has already or is willing to utilize the required amount of accumulative or non-accumulative/non-accruing sick leave required for a given fiscal year.
Advance Notice and Required Documentation
Employees must provide notice to their department as soon as practicable, consistent with departmental call-in procedures. Employees must also contact their Benefits Counselor in Human Resources to coordinate the submission of required documentation.
Required documentation includes documentation confirming the child's NICU admission and the employee's relationship to the child. Only documentation necessary to confirm NICU admission is necessary; additional medical details should not be provided.
Protection of Jobs and Benefits
When an employee returns from NICLA-protected leave, the employee will be restored to their original or equivalent position with equivalent pay, benefits, and other terms of employment. The use of NICLA-protected leave will not cause an employee to lose any employment benefit that accrued prior to the start of leave.
Retaliation, interference, or discrimination related to the exercise of NICLA rights is strictly prohibited.
Intent to Return to Work
Human Resources may request the employee on NICLA-protected leave to periodically report on their intent to return to work.
Your Rights
If you feel your rights have been denied, please forward your appeal to the Associate Vice President of Human Resources.