This act does not apply to all employers. However, the Family & Medical Leave Act (FMLA) allows eligible employees to take off up to 12 unpaid work weeks in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee has a serious health condition. An eligible employee is an employee who has been employed by the employer for at least 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive. You are only an “eligible” employee if your employer employs 50 or more employees within 75 miles of the worksite.