How much FMLA leave may an employee take under the Emergency FML Expansion Act? The FMLA currently allows up to 12 weeks of FMLA leave. The new law does not change (and therefore retains) the 12-week cap. Related articles Is leave paid or unpaid? What is the Emergency Paid Sick Leave Act? What may the new FMLA leave be used for? Under the bill, who is eligible for this new FMLA leave? Can I take an employee’s temperature at work to determine whether he might be infected?