Illinoisians, Your Workplace Rights Just Got Stronger — Here’s What You Need to Know
As of September 2025, a wave of important changes to Illinois employment law has gone (or will soon go) into effect—each one reinforcing critical protections for workers. If you’ve ever felt powerless in your job, now’s the time to take notice.
1. Paid Military Funeral Honors Leave—Effective Immediately (August 1, 2025)
Illinois now mandates paid leave for eligible employees serving on military funeral honors detail. Employers with 51+ employees must allow up to 8 hours per month, 40 hours per year, at regular pay—without requiring use of vacation, sick, or other leave. You must be employed at least 12 months and clocked 1,250 hours, and be qualified to perform the honors detail. Employers can only deny the request in narrow circumsptances, such as critical staffing levels in a 24/7 care facility.
2. Upcoming Paid Nursing-Mother Breaks—Starts January 1, 2026
The Nursing Mothers in the Workplace Act has been significantly strengthened. Beginning January 1, 2026, nursing employees are entitled to paid lactation breaks—at their regular rate—with no requirement to use or substitute paid leave. This is a major victory for new mothers balancing work and infant care.
3. Coming Soon: NICU Leave for Parents—Beginning June 1, 2026
Under the Neonatal Intensive Care Leave Act, employees at companies with 16–50 workers will be eligible for up to 10 unpaid days, and those at 51+ employers for up to 20 unpaid days, if their newborn is in the NICU. You can use leave intermittently or all at once, but FMLA must be used first when applicable. Employers cannot force the use of paid leave, must maintain health benefits, and must restore you to your former or equivalent job—without retaliation.
Why This Matters to You
These legal changes aren’t just bureaucratic updates—they represent substantial gains for employees and families across Illinois. Paid leave for military funerals honors service members. Paid lactation breaks protect the health and financial stability of nursing mothers. NICU leave acknowledges the overwhelming stress faced by parents of critically ill newborns.
At Emery Law Ltd., we’re committed to standing up for workers’ rights when employers fall short. If you’ve faced a denial or backlash for taking these types of leave, reach out for a confidential consultation—you don’t have to go it alone and we may be able to help. Emery Law’s Ethan White is an employment attorney who regularly files charges and lawsuits for employees who have been treated illegally at work. Ethan has more over 15 years of pure litigation experience, primarily focusing on employee-side employment disputes, including discrimination, wage and hour, and retaliation. If you are dealing with workplace issues, you need an employment lawyer who will fight for you. Reach out today for a free initial consultation. The law is on your side, and we’re here to help you assert your rights.