Legal Question in Medical Leave in Virginia
FMLA & Poison Ivy
Is poison ivy considered a serious health condition under FMLA? Since it is contagious, an employee was out over 3 consecutive calendar days. He was given an antihistamine and oral steroid for the itching.
Asked on 5/03/99, 11:51 am
1 Answer from Attorneys
Dymond Steven
Steven H. Dymond P.C.
Re: FMLA & Poison Ivy
This is a general response, given the limited factual background stated, and not a legal opinion.
NO. This is no different than a cold or the flu. Poison ivy is not "contagious", but the irritating oils can be transferred from skin or clothing. It does not fall within the definition of serious health condition. Unless there were secondary complications which were a serious health condition, this is not an FMLA claim, provided the employer has not missed any deadlines to obtain opinions, etc.
Answered on 5/05/99, 4:29 pm