Employers by law are required to offer employees unpaid leave for family or medical emergency (FMLA). The employer must have 50 or more employees on staff for 20 weeks in order for the requirement to be in effect. In cases of childbirth, adoption or a serious illness, the employee, by law, has up to 12 weeks of unpaid leave, within the calendar year. The entire 12 weeks do not need to be consecutive.