September 30 is NICU Awareness Day, when we recognize the challenges – and honor the perseverance – of families with a newborn in a hospital Neonatal Intensive Care Unit. Nearly one in ten babies in the U.S. will spend time in a NICU. Despite how common it is to have a baby in the NICU, there are few dedicated workplace supports for these families; NICU parents often struggle trying to stay close to their baby, recover from childbirth, and make sense of complex medical news, while at the same time worrying about keeping their job and employer-provided health insurance. Understandably, NICU parents experience high rates of anxiety, depression, and post-traumatic stress. WorkLife Law recognizes the incredible strain these families are under and is committed to making sure they have the legal support they need.
As a growing movement seeks to build new legal protections for NICU families, many NICU families are unaware of the rights that are currently available to them. For example, almost half of U.S. workers are not eligible for the FMLA’s 12 weeks of job-protected time off, including 3 in 5 workers earning less than $15 per hour. But many don’t realize that other laws may give a right to time off for NICU families, including parents not covered by FMLA or who have used all their FMLA time off. Another example is accommodations for breastfeeding. Medical guidance identifies human milk as the optimal nutrition for premature babies, and nursing directly at the hospital can be important. Yet few parents know they may have a right to leave work during the day to travel to the NICU, or to work remotely from the hospital, in order to breastfeed their baby.
To highlight these and other less well-known legal protections for NICU families, WorkLife Law has released new resources – available in English and Spanish – explaining the range of legal protections that can help NICU families keep their jobs while caring for their infant. These tools are designed to be a resource for parents, hospital social workers, nurses, and anyone who supports NICU families:
📄 National Know-Your-Rights FAQ: Your Rights at Work When Your Baby Is in the NICU explains the federal laws that can provide time off, pay during leave, changes at work, pumping and nursing accommodations, and protection from discrimination.
📋 California FAQ and NICU Handout: A detailed FAQ on California workplace rights for NICU parents (en español), including how to make the most of paid leave, plus a two-page handout for California NICU families (en español), developed with our partners at the California Work and Family Coalition.
📞 Free & Confidential Legal Helpline: Families can get personalized support by submitting WorkLife Law’s online form, calling 415-703-8276, or emailing helpline@worklifelaw.org. Services are available in English, Spanish, and other languages on request.