New and Amended Illinois Employment Laws to Be Aware of in 2026

IL new employment laws for 2026

Illinois will see a number of significant new employment laws, as well as amended language in existing laws, that will take effect in 2026. These laws will expand worker rights as well as create new obligations for employers. The changes affect workplace agreements, leave policies, wage protections and an employee’s ability to take action on workplace issues.

New Employment Laws Being Enacted in 2026

A few notable laws which will become effective in 2026 in the State of Illinois include:

  • New Protections for AI Use in Hiring and Employment Decisions – One of the biggest changes in employment laws centers around artificial intelligence (AI). Effective January 1, 2026, Illinois employers who use AI or generative AI in employment decisions (such as recruiting, promotions, terminations, or setting the terms of employment) are required to take specific steps, including notifying applicants or employees that AI is being used. Additionally, under the Illinois Human Rights Act, employers may not use AI in a way that disproportionately impacts protected classes, such as race or gender. In addition, employers are prohibited from using certain proxies, like zip codes, in their AI systems if doing so would discriminate against protected groups.
  • Family Neonatal Intensive Care Leave Act – under this law, which goes into effect on June 1, 2026, employers are required to provide unpaid leave to eligible employees who have a child in the Neonatal Intensive Care Unit (NICU). The leave amount depends on employer size, with smaller employers (16–50 workers) allowing 10 days, and larger ones (51+) requiring 20 days to be offered.
  • The Workers’ Rights and Worker Safety Act states that the State of Illinois ensures that certain federal workplace safety standards (OSHA, FLSA) remain in force even if federal protections are rolled back. In other words, Illinois can secure stronger labor protections by adopting the federal standard as it existed at a prior date, in order to ensure a safe workplace.

Expansion of Current IL Employment Laws

Along with the new laws that are being enacted, a number of existing employment laws were amended.

  • The Illinois Workplace Transparency Act has amended language that gives employees a greater ability to speak out and act together about workplace issues, prevents employers from trying to get around Illinois labor protections through the use of contract clauses, and adds new safeguards to ensure confidentiality agreements are truly voluntary and fairly negotiated.
  • The Nursing Mothers in the Workplace Act was amended to provide nursing mothers reasonable break time compensated at the employee’s regular rate of compensation. The law now clearly prohibits employers from requiring employees to use paid leave or reduced pay during these times.
  • The Victims’ Economic Security and Safety Act was updated so that employers in Illinois cannot fire, refuse to hire, discriminate against, or retaliate against employees for using company-issued devices like phones, tablets, or computers to record incidents of violent crime committed against themselves or their family or household members. Employers also cannot take away access to such company-issued devices because someone used them for this purpose and must provide employees access to any photos, recordings or digital evidence stored on those devices related to the incident.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd. to Protect your Business

Partnering with an attorney who specializes in Illinois employment law is one of the smartest investments a business can make as these changes take effect. Our knowledgeable attorneys can help ensure your company is fully compliant with the latest legal requirements by providing timely updates, translating complex legal language and helping to revise important documents like employee handbooks and contracts to reflect current laws. Contact our office at 847-223-1500 to schedule a consultation and learn how we can help provide the legal protection and peace of mind you need to focus on the success of your business while following the law.