The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. What determines FMLA eligibility?FMLA protects up to twelve weeks of unpaid leave per year for a serious medical condition or childbirth. Texas has no state requirements for paid maternity leave. But the federal Family and Medical Leave Act (FMLA) provides for parental leave for covered employees. Find out if you qualify for SSDI benefits. FMLA guarantees the employee's job and insurance benefits during this time. The Family and Medical Leave Act (FMLA) is a federal legislation governing unpaid leave for pregnancy and childbirth. Employees must use all available paid vacation and sick leave before utilizing parental leave benefits. Duration: Up to 12 weeks.