My husband is working at a very small company in Texas. Six full time employees. They offer no benefits insofar as health insurance, 401K, disability, etc. They give 3 weeks vacation time each year. No sick time. He got the flu this year and took some time off, which counted against his vacation time.
In December my husband is scheduled to have a minor outpatient procedure and his company is giving him a very hard time about it. They are only "allowing" him to be away from work for the surgery if he gets X number of units build before his scheduled surgery date.
Additionally, they are making him borrow against next year's vacation time and are allowing him 1 week away from work, when his doctor-recommended recovery time for no heavy lifting/limited physical activity is 2-4 weeks. His job is labor intensive.
Since they are a small company and have no formal policies around disability, sick time, etc., are they allowed to do this? Or does Texas law stipulate employers must fall under a more blanketed set of rules that might protect him from the possibility of losing his job?
Thanks for any guidance.