How do different leave policies affect my benefits and pay if my company is small?

The situation

I live in Ohio and have been working for a small family-owned manufacturing company for about three years now. My boss recently told me that because we have fewer than fifty employees, they might not follow the same rules as the big corporations when it comes to taking time off for medical reasons. I am planning a major surgery for next month, which will require me to be out of work for at least six weeks. I am really worried about how this is going to work out financially. I already checked my employee handbook, but it is very vague about whether my health insurance premiums will stay the same or if I will have to pay more out of my paycheck while I am not earning a regular wage. I tried asking the office manager last Tuesday, but she just said they are looking into what other small businesses do regarding temporary wage replacement and cost impacts. I am unsure if there is any official research or government study that looks at how these different types of leave policies, especially the ones that provide some kind of pay, actually affect the costs for a small employer like mine versus the benefits I would receive as an employee.

Detailed Analysis

Whether you are entitled to job-protected leave depends heavily on your employer's size. Under the Family and Medical Leave Act (FMLA), certain employees are entitled to leave, but the law itself is designed to balance employee needs with the "legitimate interests of employers".

Regarding your specific concern about research, the law actually requires a commission to "conduct a comprehensive study of... the potential costs, benefits, and impact on productivity, job creation and business growth of such policies on employers and employees"^[1]. This study includes looking at "the impact on employers and employees of policies that provide temporary wage replacement during periods of family and medical leave"^[1]. This means there is official research being conducted to understand exactly what you are asking about: how paid leave affects both your wallet and your employer's bottom line.

For your upcoming surgery, the law regarding pay is limited. The FMLA states that "leave granted under subsection (a)... may consist of unpaid leave"^[2]. This means the federal law does not require your boss to pay you your regular wage while you are out for six weeks. You may be able to use accrued vacation or sick time, but the law says "nothing in this subchapter shall require an employer to provide paid sick leave or paid medical leave in any situation in which they would not normally provide any such paid leave"^[2].

As for your health insurance, the law does not explicitly dictate whether your premiums must stay the same if you are not receiving a paycheck. While the FMLA aims to protect benefits, the specific impact on your premiums during unpaid leave is not settled by the sections provided. Your employer's specific policies or state laws will likely determine if you must pay your portion of the premiums out-of-pocket while you are not earning a wage.

Statutory Citations

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