He is not.

> FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.

Source: https://www.dol.gov/general/topic/benefits-leave/fmla

FMLA has a 50 employee minimum limit, as they noted above. If there aren't 50 employees within a 75-mile radius, you aren't FMLA eligible (there's quite a few other conditions too, and it's still unpaid regardless): https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_o...

As they said in their comment, FMLA only kicks in for employers with more than 50 employees(technically, 50 employees within a 75 mile radius). States can implement their own laws to extend maternity leave to all employers, but most don't.