Unfortunately, your employer would not be covered by the Family and Medical Leave Act, or FMLA, since that law only covers employers with at least 50 employees located within a 75-mile radius. Without FMLA protection for you, your employer could fire you if you have to take time off for surgery or recovery, if it chose to. The employer is not required, unless covered by FMLA, to hold a job for an employee who does not or cannot come to work.