Under the bill, who is eligible for this new FMLA leave? Any employee who has been employed at his or her workplace for at least 30 days. Related articles What may the new FMLA leave be used for? Is leave paid or unpaid? What is the Emergency Family and Medical Leave Expansion Act? How much FMLA leave may an employee take under the Emergency FML Expansion Act? What employers are required to provide the new FMLA leave?