Beginning June 1, 2026, Illinois employers with at least 16 or more employees will be required to provide unpaid parental leave to employees with a child who is a patient in a Neonatal Intensive Care Unit.

Illinois Governor JB Pritzker signed the Family Neonatal Intensive Care Leave Act (Act) into law on August 15, 2025.

Under the Act, Illinois employers with 16 to 50 employees must provide up to 10 days of unpaid leave for employees with a child who is a patient in a neonatal intensive care unit (NICU). Employers with 51 or more employees must provide employees with a child in the NICU with up to 20 days of unpaid leave. The Act does not apply to employers with 15 or fewer employees.

Eligible employees may choose to take NICU leave continuously or intermittently. For intermittent leave, employers can set the minimum increment of time that must be taken, so long as the increment is not less than 2 hours. However, employees eligible for leave under the federal Family and Medical Leave Act (FMLA) must first exhaust their available FMLA entitlement before taking leave under this Act.

Employers may require “reasonable verification” of the employee’s child’s length of stay in the NICU but cannot request confidential medical information in support of the leave.

The Act also contains additional protections for employees taking NICU leave:

  • Although employers cannot require employees to use paid leave that is available “for any reason” (such as PTO or leave under the Illinois Paid Leave for All Workers Act) instead of unpaid leave provided by the Act, employees may choose to substitute any available paid leave for unpaid leave.
  • Employers are required to reinstate employees to their former or a substantially equivalent position at the conclusion of leave.
  • Employers must maintain any applicable health insurance benefits for employees while on leave.
  • Employees cannot be required to provide a replacement worker while taking leave.
  • Employees are protected from retaliation when exercising their own rights under the Act, opposing employer practices prohibited by the Act, or supporting co-workers who are exercising rights under the Act.

The Act does not currently require employers to provide notice to employees of their rights under the Act. However, the IDOL is authorized to adopt rules necessary to administer and enforce the Act and may address this (or other matters) through regulation. Jackson Lewis attorneys will monitor regulatory developments.

Employers should review and revise leave policies to ensure compliance with these upcoming requirements. For questions or assistance, please contact a Jackson Lewis attorney.

As of August 28, 2025, paid sick leave will no longer be required in Missouri. Missouri Governor Mike Kehoe signed House Bill 567, officially repealing Missouri’s voter-enacted paid sick leave law.

Under Missouri’s short-lived paid sick leave law, beginning May 1, 2025, employers were required to provide employees with one hour of paid sick leave for every 30 hours worked and to allow employees to use accrued leave for qualifying reasons. Those obligations will end when the repeal is effective on August 28, 2025. 

Employers who modified prior paid leave policies or created new paid leave policies due to the passage of the paid sick leave law should consider whether they want to continue providing paid sick leave benefits, revert back to their prior policy, or something in between.  Employers should carefully consider how to communicate any policy changes to their employees and how to handle any accrued but unused paid sick leave benefits on and after August 28.

Please contact a Jackson Lewis lawyer if you have questions.

On August 1, 2025, Illinois enacted amendments to its Nursing Mothers in the Workplace Act (“Act”), which will take effect on January 1, 2026.

Under the Act, Illinois employers must provide reasonable break time to employees who need to express breast milk for their nursing infant for one year after the child’s birth.  That break time may run concurrently with any break time already provided to the employee.

Effective January 1, 2026, breaks required by the Act must be paid at the employee’s regular rate of compensation, unless doing so would create an “undue hardship” as defined in the Illinois Human Rights Act (IHRA). The IHRA defines “undue hardship” as “prohibitively expensive or disruptive” when considered in light of specified factors including, among other things, the financial resources of the employer, the size of the employer and the impact on operations. The amendment also prohibits employers from requiring employees to use paid leave for breaks required by the Act or from otherwise reducing a nursing employee’s compensation during the break time.

Employers should review and revise their lactation accommodation policies to ensure compliance with these upcoming requirements as well as the federal PUMP for Nursing Mothers Act (PUMP Act) and Pregnant Workers Fairness Act. For questions or assistance, please contact a Jackson Lewis attorney.

Key Takeaways:  

  • Employers preparing for the January 1, 2026, rollout of Delaware’s Paid Family Medical Leave Insurance Program should review recent amendments to the Healthy Delaware Families Act. Among other things, the amendments prohibit employers from requiring employees to use employer-provided paid time off such as vacation or sick leave before using Paid Family Leave Insurance benefits.   

Delaware enacted House Substitute No. 1 for House Bill No. 128, amending the Healthy Delaware Families Act governing the state’s Paid Family and Medical Leave Insurance Program (PFMLA) on July 30, 2025. These changes, effective immediately, introduce new compliance obligations and clarify several aspects of the law that are particularly relevant for employers preparing for the program’s rollout. 

Restrictions on Mandatory Use of Paid Time Off 

The amendment prohibits employers from requiring employees to use accrued paid time off (PTO) before accessing PFMLA benefits. However, employers and employees may mutually agree to use PTO to supplement paid leave benefits. PTO includes both vacation and sick leave. 

Child Support Garnishment Now Permitted 

Employees filing for paid leave benefits must now disclose any outstanding child support obligations. If eligible for benefits, the Department of Labor is required to notify the appropriate enforcement agency and deduct the amount owed from the employee’s benefit payments.

PFMLA Designated as Primary Payor 

The law now explicitly designates PFMLA benefits as the primary source of income replacement. Employers must coordinate other available benefits, such as disability insurance, with PFMLA payments according to the terms of the applicable policies.

Documentation Relief for Private Plan Employers 

Employers using approved private plans to meet their obligations under the law are no longer required to submit claim documentation to the Department unless the claim is subject to an appeal, complaint, audit, or specific inquiry. This change reduces the administrative burden and streamlines compliance for employers and private plan sponsors. 

Voluntary Coverage Triggers Full Compliance 

Employers with fewer than 25 employees who voluntarily elect to provide coverage under PFMLA are now subject to all provisions of the law. This includes the right of employees to appeal benefit decisions, aligning voluntary coverage with the obligations of larger employers. 

Advisory Committee Established 

The amendment creates a Paid Leave Advisory Committee to support implementation and ongoing administration of the program. The committee includes representatives from both employer and employee groups and will meet monthly through 2028, then quarterly beginning in 2029. Meetings will be open to the public and will address rulemaking, financial matters, and other operational issues. 

Expanded Enforcement Mechanisms 

To strengthen enforcement, the Department may now execute judgments related to unpaid assessments through property levies, bank account garnishments, and wage garnishments. Garnishees must respond within 20 days of receiving notice, and failure to comply may result in penalties equal to the amount that should have been withheld. 

Benefits Protected from Creditor Claims 

PFMLA benefits are now explicitly exempt from creditor claims and cannot be assigned or encumbered, except in cases involving child support garnishment. This provision ensures that benefits remain protected and available for their intended purpose. 

Please reach out to a Jackson Lewis attorney if you have questions about complying with Delaware’s Paid Family and Medical Leave Insurance Program or any leave law around the country.  

Beginning August 1, 2025, Illinois employers with at least 51 employees must provide certain covered employees with up to eight hours of paid leave per month, or up to 40 hours of paid leave per calendar year to perform military funeral honors details.

Funeral honors detail is an honor guard detail consisting of at least two members of the U.S. Armed Forces, one of whom is from the deceased veteran’s service branch, with the remainder consisting of members of the armed forces or members of an authorized provider who perform a funeral ceremony including the folding and presentation of a U.S. flag to the veteran’s family and the playing of “Taps.”

Covered employees are those who have been employed for at least 12 months and performed at least 1,250 hours of service during the 12-month period immediately preceding the start of leave.

Covered employees qualify for paid funeral honors detail leave if they (1) are trained to perform in a funeral honors detail, and (2) are either a retired or active member of the U.S. Armed Forces (including reservists and the Illinois National Guard) or an authorized provider (e.g., a member of a veterans services organization or honor guards).

Employees taking funeral honors detail leave must be paid their regular rate of pay, and need not exhaust vacation leave, personal leave, sick leave, or any other available leave that may be granted to the employee before taking paid funeral honors detail leave.

An employee taking funeral honors detail leave needs only provide reasonable notice, as is practical, though an employer may request confirmation from the relevant veterans services organization or any official notice provided to the employee as proof of participation in the detail.

Certain employers, including independent living facilities, assisted living facilities, nursing home facilities, or other similar congregate care facilities, or facilities providing 24/7 care, may deny leave requests if granting leave would reduce staffing levels to below the established minimum or impair safe and efficient operations.

Covered employers should immediately update their leave policy for compliance with this new requirement. For questions or assistance, please contact a Jackson Lewis attorney.

Effective August 1, 2025, Puerto Rico’s new Lactation/Breastfeeding Code significantly expands workplace protections for nursing employees. The law guarantees paid lactation breaks, requires dedicated spaces, and imposes penalties for noncompliance.

In a new article, Sara Colón-Acevedo, Karina Rodríguez, and Tatiana Leal-González break down what employers need to know to ensure compliance and avoid penalties. Read the full analysis here.

Key Highlights:

  • Montana passed HB 667 amending the state’s law requiring employers to provide unpaid leave, not to exceed 180 days per year, for employees holding public office.

Related Link to HB 667:

Bill Text: MT HB667 | 2025 | Regular Session | Enrolled | LegiScan

Article:

On May 19, 2025, Montana passed HB 667 amending Montana’s law requiring leave for employees holding public office.  HB 667 became effective upon passage and applies retroactively to January 1, 2025.

Montana law (M.C.A. § 39-2-104) requires that employers of employees elected or appointed to public office provide those employees with up to 180 days of leave per year for public service. Employers with ten or more employees must restore the public office holder to their position including the same “seniority, status, compensation, hours, locality, and benefits,” that they maintained prior to their leave of absence. An employee on leave must make arrangements to return to work within 10 days following the completion of their service, unless the employee is unable to do so because of illness or disabling injury as confirmed by a physician.

HB 667 made several important amendments to the law:

  • Employers may not prohibit or restrict employees from seeking election or appointment to a public office or discriminate or retaliate against any employee for seeking election or appointment.
  • Employers must continue health care benefits during the leave.
  • While the employee is on leave for public service, the employer cannot require the employee to use other leave or benefits without the employee’s consent
  • Employers cannot require an employee to perform work while on leave.
  • Employers may not prohibit an employee on leave from using an employer provided phone, computer, or phone number, if the employer otherwise permits the personal use of such items.

If you have any questions regarding Montana’s leave laws, please contact the Jackson Lewis attorney with whom you regularly work. As always, to stay up to date on state and local leave laws, employers can subscribe to LeaveSuite Via JL.

Rhode Island is the first state to expressly require employers to provide workplace accommodations for job applicants and employees who are experiencing menopause and menopause-related medical conditions. This requirement went into effect immediately upon the Governor’s signature on June 24, 2025.

The new protections for menopause-related conditions were passed as an amendment to the law that requires employers to provide accommodations for pregnancy-related conditions.

Rhode Island employers are required to engage in a timely, good-faith, interactive process to identify reasonable accommodations for employees who are experiencing menopause symptoms or related medical conditions. However, employers do not have to provide the requested accommodation if they can demonstrate that it would pose an undue hardship on their business.

The law includes a list of possible accommodations that an employer might be required to provide for an employee experiencing a pregnancy-related condition, including accommodations specifically related to pregnancy (e.g., “break time and private non-bathroom space for expressing breast milk”). However, the amendment did not add any new possible accommodations or otherwise identify accommodations specific to menopause. The law specifically mentions one menopause-related condition, “the need to manage the effects of vasomotor symptoms,” commonly known as hot flushes/flashes or night sweats.

The law also requires employers to post a notice in the workplace and provide notice to their employees.. Employers were already required to give this notice informing the employee of their right to be free from discrimination for their pregnancy or childbirth related condition, but that notice must now be updated to include menopause. Notice must be given to new employees on their first day and to any employee who notifies the employer of the employee’s pregnancy or menopause, within ten days of the employer being notified.

Rhode Island employers should review their policies and adapt their accommodation practices to the new requirements. As always, Jackson Lewis is here to help. Please reach out to a Jackson Lewis attorney if you have any questions about how this amendment impacts how you do business.

On June 10, 2025, the City of Pittsburgh enacted amendments to its Paid Sick Days Act (PSDA), which will take effect on January 1, 2026. Since March 2020, Pittsburgh has required employers with 15 or more employees to provide at least 40 hours of paid sick leave per year, while employers with fewer than 15 employees have been required to provide 24 hours per year.

Effective January 1, 2026, those minimum requirements will increase significantly. Employers with 15 or more employees will be required to provide at least 72 hours of paid sick leave per year, while employers with fewer than 15 employees must provide 48 hours per year.

The amendment also accelerates the rate at which employees accrue paid sick leave. Starting in 2026, employees working within Pittsburgh city limits—regardless of employer size—must accrue a minimum of one hour of paid sick leave for every 30 hours worked, compared to the current rate of one hour per 35 hours worked.

These updates mark a substantial expansion of employee benefits under the PSDA. Employers should review and revise their sick leave policies to ensure compliance with the new requirements. For questions or assistance, please contact your Jackson Lewis attorney.

Takeaways:

  • Minnesota’s Earned Sick and Safe Time law (ESST) saw a few significant amendments during the special legislative session.
  • The main changes impact when employers can require documentation and notice for unforeseeable absences taken for a covered ESST reason.
  • The amendments also clarify that employees may voluntarily trade shifts to cover ESST absences and that employers may advance ESST hours to employees.

On June 14th, Minnesota Governor Tim Walz signed into law, S.F. No. 17, which once again included amendments to Minnesota’s Earned Sick and Safe Time (ESST) law that went into effect in January 2024.

Requesting Documentation for Employee ESST Absences

Under the new amendments, when an employee uses ESST for an absence of 2 or more consecutive scheduled work days, an employer may require reasonable documentation that the absence was taken for a covered reason. Previously, an employer could require reasonable documentation only for an absence of 3 or more consecutive scheduled work days.

Requiring Notice for an Unforeseeable ESST Covered Absence

Further, the amendments provide if an employee takes ESST due to an unforeseeable need, an employer may require an employee to give notice of the need to use ESST as reasonably required by the employer. Prior to the recent amendment, an employer could require notice for an unforeseeable ESST absence as soon as practicable.

Clarifications in the ESST Law

Additionally, the amendments clarify that an employee is permitted to voluntarily seek a replacement worker to cover their ESST absences, and that employers may advance ESST to an employee based on the employee’s anticipated hours of work.

Seeking Replacement Workers for ESST Absences

The ESST law has always prohibited an employer from requiring employees, as a condition of using ESST, to seek or find a replacement worker to cover the hours of their absence. However, the recent amendment clarifies that an employee may choose to do so, provided they are voluntarily doing so.

Advancing ESST to Employees

The ESST law permits an employer to advance ESST to an employee before they have accrued the time. Newly added language to Minn. Stat. § 181.9448, subd. 1(j), expressly states, “an employer is permitted to advance earned sick and safe time to an employee based on the number of hours the employee is anticipated to work for the remaining portion of an accrual year. If the advanced amount is less than the amount the employee would have accrued based on the actual hours worked, the employer must provide additional earned sick and safe time to make up the difference.”

Steps to Take

Minnesota employers should understand their obligations and update their policies to reflect the recent changes. If you have any questions related to compliance with Minnesota’s Earned Sick and Safe Time law, please contact the Jackson Lewis attorney with whom you regularly work.