December 9, 2025
By:
Matthew E. Suhl
The 2026 Compliance Checklist for Illinois Employers
2026 is almost upon us, and Illinois will ring in the new year with new legislation that will impact current employment laws. Employers should review and update their employment policies to stay abreast of the many changes coming in 2026. Here are some of the biggest updates to Illinois employment law:
Illinois Nursing Mothers in the Workplace Act (“INMWA”)
Effective January 1, 2026
Employers must allow nursing mothers to take lactation breaks at the employee’s regular rate of compensation. Employers cannot require a nursing employee to use paid leave to express milk or reduce compensation for breaks provided under the INMWA. Employers should review and update their lactation accommodation policies to ensure compliance with the new regulations while remaining compliant with the existing requirements of the Pregnant Workers Fairness Act and PUMP for Nursing Mothers Act.
☐ Employer Takeaway: Review break policies and ensure lactation breaks are fully paid and not deducted from other paid leave.
Military Leave Act (“MLA”)
Effective January 1, 2026
The Family Military Leave Act has been renamed the Military Leave Act. The amendments to the MLA now require employers to provide up to eight hours per calendar month for qualifying individuals to participate in funeral honors, with a maximum of 40 hours per calendar year. Employees must provide their employers with reasonable notice of leave to participate in funeral honors.
☐ Employer Takeaway: Update leave procedures to account for funeral honors leave and ensure supervisors understand notification requirements.
Illinois Workplace Transparency Act (“IWTA”)
Effective January 1, 2026
The IWTA adds new restrictions to employment agreements. Amendments to the IWTA broaden the definition of “unlawful employment practices” to include any practice that is unlawful under:
• Title VII of the Civil Rights Act of 1964
• The Illinois Human Rights Act; and
• Any other state or federal rule or law governing employment
This new definition includes rules or laws enforced by the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, the National Labor Relations Board, the Illinois Department of Labor, the Illinois Department of Human Rights, and the Illinois Labor Relations Board. The previous definition of “unlawful employment practices” in the IWTA was limited to “discrimination, harassment, or retaliation” claims. The amendments also prohibit requiring employees, applicants, or former employees to sign employment agreements that restrict their ability to engage in concerted activity to address work-related issues, in addition to the existing ban on agreements that restrict an employee’s ability to discuss unlawful employment practices.
The amendments further provide new rules regarding severance agreements. Severance agreements that include confidentiality provisions related to alleged unlawful employment practices must be supported by consideration separate from the consideration provided in exchange for a release of claims.
☐ Employer Takeaway: Review employment agreements, confidentiality clauses, and severance agreements to ensure they comply with the expanded IWTA restrictions.
Victims’ Economic Security and Safety Act (“VESSA”)
Effective January 1, 2026
The Illinois legislature has expanded VESSA to include a provision that prohibits employers from discriminating or retaliating against employees who use employer-owned or employer-issued electronic devices to record or communicate about domestic, sexual, or gender violence affecting themselves or household members.
Employers must also grant employees access to information related to the domestic, sexual, or gender violence stored on employer-owned or employer-issued devices. In addition, employers must also post notices explaining employee rights under VESSA.
☐ Employer Takeaway: Update electronic device policies and ensure VESSA-required notices are properly posted.
Employee Blood and Organ Donation Leave Act
Effective January 1, 2026
The Employee Blood and Organ Donation Leave Act provides leave provisions for employees to donate blood or organs. EBODLA mandates that private employers with 51 or more employees and all public employers provide up to one hour of leave every 56 days for an employee to donate blood. The new amendments do not change the blood donation provisions.
EBODLA’s provisions regarding leave for organ donation, however, have changed and provided more questions than answers. Previously, EBODLA’s leave provision for organ donation only applied to full time employees. The new amendment extends leave for organ donation to part-time employees. The amendment to EBODLA, however, has created ambiguity regarding whether full-time employees must be paid for leave taken to donate organs. The amendment explains that part-time employees are to be given paid leave for organ donation but does not mandate pay for full time employees who take leave for the same purpose. Ultimately, the amendment to EBODLA is unclear about whether employers must pay full-time employees for leave taken due to organ donation.
☐ Employer Takeaway: Review and update leave policies and inform managers and human resources about the changes. Consult an attorney when making a determination about leave for organ donation to stay up to date on any clarifying language regarding organ donation leave for full-time employees.
Illinois Family Neonatal Intensive Care Leave Act
Effective June 1, 2026
The Illinois Family Neonatal Intensive Care Leave Act provides leave for employees with children in the neonatal intensive care unit (“NICU”). Employers with 16 to 50 employees must provide up to 10 days of unpaid leave if the employee has a child in the NICU. Employers with 51 or more employees must provide 20 days of unpaid leave for an employee with a child in the NICU. Whether leave is taken continuously or intermittently is decided by the employee. The employer must maintain the employee’s health insurance benefits as if the employee had not taken leave. When an employee returns from leave, the employer must return the employee to his or her former position or a position substantially equivalent, with no loss of benefits held or accrued prior to taking leave. An employer cannot require an employee to use paid leave under this Act. An employer may request reasonable verification of the employee’s child’s length of stay in the NICU but cannot request any confidential information.
☐ Employer Takeaway: Review and update leave policies and educate managers and human resources on permissible forms of verification for NICU stays.
The upcoming changes to Illinois employment law make this a crucial time for employers to review their policies, agreements, and internal procedures to ensure their organization remains compliant with all Illinois and federal employment requirements while proactively addressing areas of risk.
At Robbins DiMonte, our employment attorneys prioritize prevention, working closely with clients to identify potential risks, ensure compliance, and implement practical, forward-thinking strategies to avoid disputes. For more information, please contact Matthew E. Suhl at (847) 698-9600 or msuhl@robbinsdimonte.com.