Dear Client and Friends:
As COVID-19 cases once again spike, the guidance on quarantine and isolation periods has been changing at a dizzying pace.
CDC
The CDC has updated its quarantine and isolation guidance. Of particular importance individuals who test positive (regardless of vaccination status) may exit isolation after five (5) days provided that they have not had a fever for twenty-four (24) hours and are either asymptomatic or their symptoms are resolving.
The five (5) days are measured where day zero (0) is the day of symptom onset or, if asymptomatic, the day of collection of the first positive test specimen.
Once out of isolation, the individual must wear a non-cloth, well-fitting mask for another five (5) days and monitor their symptoms.
Today, the CDC announced that such individual can but is not required to test on day five (5). If the individual takes the test on day 5 and it is positive, the individual must continue to quarantine for an additional five (5) days.
New York State
New York adopted the CDC guidelines for all individuals (not just essential workers) just prior to the addition of the optional testing on day five (5). It does not appear the addition of the optional day five (5) testing today will impact the New York guidance.
This means that employers may choose to allow employees who test positive to return to work after five (5) days of isolation, if they meet the other criteria for discontinuing isolation. Employers should provide well-fitting masks (surgical, KN95, KN94, etc.). Employers are cautioned that they should only provide N-95 masks in conjunction with an OSHA approved respirator program.
The guidance is available here: https://coronavirus.health.ny.gov/system/files/documents/2022/01/nys_updated_isolation_quarantine_guidance_01042022.pdf.
New York has not changed its guidance for healthcare workers.
New York employers are reminded that most employees who are in quarantine or isolation and those who must be home for a minor child’s quarantine or isolation are entitled to paid COVID leave that is separate from PTO and New York Paid Sick Leave. This paid COVID leave is available up to three (3) times for the employee. The amount of leave and process for leave depends on the size of the employer. More information on paid leave for quarantine is available at: https://paidfamilyleave.ny.gov/covid-19-paid-leave-guidance-employers
Next Steps
Employers will want to evaluate their current policies to see if changes are warranted. Employers should also be aware that this is an evolving situation and guidance is likely to change as new information becomes available to public health authorities.
We remain ready to assist clients with drafting policies and implementing programs and will continue to keep you posted on developments. Your HH&K attorneys remain available to assist you in working through this guidance.
Contact Your HH&K Attorney for Legal Guidance
This information is not legal advice and may not be suitable for all client situations. This Client Alert provides general information and does not outline all of the important considerations related thereto.
This Client Alert is not a substitute for legal guidance. As always, if we can be of assistance with these programs or any other matters, please do not hesitate to contact your HH&K attorney.
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Client Alert Date: January 7, 2022
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