Illinois legislators implemented several employment law changes that will come into effect in 2026. This update provides a brief overview of how these changes will impact Illinois workforces. Illinois employers should review their employment policies and update them as necessary to ensure compliance and be prepared for 2026. Should you have any questions about any of the following laws or need help ensuring compliance, please contact us!

2026 Updates to the Illinois Human Rights Act (“IHRA”)

Two key changes are coming for the IHRA when the clock strikes 2026. First, fact-finding conferences before the Illinois Department of Human Rights (“IDHR”) will be discretionary rather than mandatory. This news may be welcomed for some who rather forego the time and costs associated with these conferences. However, employers may still want to engage in a fact-finding conference and explore early resolution to avoid litigation. If so, employers must act promptly, obtaining the employees/charging party’s agreement to do so within 90 days of the charge being filed and before the IDHR issues an investigative report. Upon an express agreement to participate in a fact-finding conference, the parties are required to further agree, in writing, that the IDHR may take additional time (of 120 days) to complete the investigation.



Second, in the event of a finding by the IDHR of substantial evidence in support of a violation of the IHRA, the Illinois Human Rights Commission, which serves to adjudicate such claims, has been authorized to impose hefty civil fines in addition to the remedies already available to the employee/charging party. Moreover, Illinois employers are advised that the civil fines imposed can increase substantially based on the number of violations dating as far back as seven years. First-time violators may be fined up to $16,000, but employers with even one prior violation within the past five years may be fined up to $42,500. Significantly, employers with two or more violations within the past seven years may be fined up to $70,000. Because these civil fines apply to charges pending or filed with IDHR on or after January 1, 2026, it is imperative to promptly engage competent employment counsel to help safeguard against excessive exposure. As a reminder, employment policies and practices that promote respectful and compliant work environments can mitigate risk.

Illinois Nursing Mothers in the Workplace Act (“Act”) – Amended by SB212

Effective January 1, 2026, and absent any lawful exceptions, Illinois employers will be required to provide nursing employees with paid breaks, at the employee’s respective regular pay rates, to express breast milk as needed. Such compensation must be afforded to nursing employees for up to one year after childbirth. While this Act states that the time afforded for such breaks must be “reasonable,” legislators stopped short of defining a fixed time. Notwithstanding, employers cannot require nursing employees to use any other paid leave in lieu of these breaks or otherwise reduce their compensation as a result. Affected Illinois employers should implement and/or update their lactation accommodation policies prior to January 1, 2026. Last, while this Act recognizes that compliance may create an undue hardship for some employers, such exception would be subject to meeting relevant requirements in the IHRA.

Recent Changes to the Victims’ Economic Security and Safety Act (“VESSA”)

VESSA, which applies to all Illinois employers, has been amended several times since it was originally enacted in 2003, most changes have taken place in the past five years. Most recently, in August, Illinois legislators via HB1278 made the following changes, which pertain to Illinois employees’ personal use of employer-provided electronic devices. Starting January 1, 2026, employers are prohibited from disciplining or discriminating against an employee for using employer issued equipment to record a crime of violence against them or a member of their family or household. Moreover, employers must allow their employees access to any applicable recordings. While this change to VESSA does not relieve employees from complying with their employer’s reasonable employment policies, this may likely require most Illinois employers to review and update their computer use policies for compliance purposes.

Employee Blood and Organ Donation Leave Act (“EBODLA”) Update

EBODLA is a somewhat dubious Illinois paid leave requirement given its drafting and current state. Previously, “participating employees” generally defined as full-time employees, for a period of at least 6 months, with Illinois employers of 51 or more employees, could obtain paid authorized leave of up to ten (10) days to serve as an organ donor during any 12-month period. Starting 2026, per HB1616, EBODLA now includes part-time employees as eligible for same, and provides guidance on calculating their pay for any such leave used. For more information on the EBODLA, including how to properly calculate payments to part-time employees, please reach out to our office.

Family Neonatal Intensive Care Leave Act (identified as “NICLA”)

NICLA is a new Illinois law set to go into effect on June 1, 2026. It requires Illinois employers with at least 16 or more employees to allow unpaid leave to any employee with a child in a neonatal intensive care unit (NICU), or special care unit that provides medical treatment to premature and critically ill infants. NICLA defines a “child” to include a biological, adopted, foster child, stepchild, legal ward, or one of a person standing in loco parentis. Essentially, employers with 16-50 employees in Illinois must provide 10 days of unpaid leave, and those with 51 or more employees must provide 20 days of unpaid leave during a child’s NICU hospitalization. Furthermore, any employers subject to NICLA should understand its interaction with the Family and Medical Leave Act (“FMLA”), and avoid retaliating against those who take leave under NICLA. We encourage you to contact us with any questions or seek legal/compliance advice as NICLA allows employees to seek recourse with the Illinois Department of Labor (“IDOL”) or in court within 60 days from the last date of any alleged violations, which can result in civil penalties of up to $5,000 per incident, among other monetary damages.

In case you missed it, the following changes were also implemented:

The Illinois’ Equal Pay Act of 2003 (“EPA”) 

Illinois employers with 100 or more employees must obtain an equal pay registration certificate under the EPA regardless of whether or not they are required to file a federal EEO-1 report. Our office can assist you with obtaining the requisite equal pay registration certificate and further advise on what must be submitted to the IDOL.

Military Leave Act Now Includes Paid Leave for Military Funeral Details

Formerly referred to as the Family Military Leave Act, this law requires employers with 51 or more employees to provide paid leave, of up to 8 hours per calendar month, for a maximum of 40 hours per year, to any qualified employee participating in a military “funeral honors detail.” This paid leave must be provided in addition to any paid leave already afforded to the employee.

For more information on what to expect in 2026, compliance advising, or assistance ensuring your employment policies and practices are in line, please contact us via phone or email at (312) 461-1005, juanita@lawatjbr.com, or danielle@lawatjbr.com.