Client Alert 
January 24, 2022

 Updates Regarding COVID-19 Quarantine and Isolation Guidance
New York recently issued updated isolation and quarantine guidance to align itself with the CDC (collectively referred to as the “New Quarantine Rules”). The New Quarantine Rules apply to everyone in New York, and supersede the previously-announced rules applicable to “critical workers” as well as the New York guidance issued on January 4, 2022.
 
The New Quarantine Rules contain different requirements depending on whether someone has tested positive for COVID-19 or has symptoms of COVID-19 (a “COVID-Positive Person”) or whether they were in close contact with someone who tested positive for COVID-19 (a “COVID Close Contact”). There are also distinctions in quarantine rules after close contact based on whether a COVID Close Contact is (a) fully vaccinated and, if eligible for a booster, boosted, (b) fully vaccinated and eligible for a booster but not boosted, or (c) unvaccinated.

The New Quarantine Rules currently in effect in New York and all states that follow the CDC guidance are detailed below. For additional information, New York Stated has published quarantine and isolation tables. New York City also posted a similar guidance document over the weekend.

New York and the CDC use the term “isolate” when someone tests positive, and the term “quarantine” when someone has been in close contact with someone with COVID-19.

COVID-Positive Persons
 
The New Quarantine Rules for COVID-Positive Persons apply regardless of vaccination status:
 
  • Isolate for at least 5 days, with day “0 “ being the first day of symptoms and day “1” the first full day after symptoms developed, or if asymptomatic, the date the positive test was taken. If the person first develops symptoms after testing positive, the 5-day isolation period should start over, using the first day of symptoms as day “0.”

  • Isolation can end after: (1) 5 full days after day “0”; or (2) if fever persists or other symptoms haven’t improved after 5 full days, once the person is fever-free for 24 hours without the use of fever-reducing medication and all other symptoms have improved (though loss of taste and smell may persist for weeks or months after recovery and need not delay the end of isolation). 

  • If the individual is in isolation for less than 10 days, the individual must continue to wear a mask for a full 10 days. Such individuals may not go to places where they are unable to wear a mask, are instructed to avoid eating around others until a full 10 days has passed, and, if unable to wear a mask, should continue to isolate for a full 10 days.
 
For all COVID-Positive Persons regardless of whether they were symptomatic or not, taking a test is not required to end isolation as long as the other requirements are met, but rather can be done at the COVID-Positive Person’s election (or, in developing a return-to-work policy, the employer’s election).
 
COVID Close Contacts
 
COVID Close Contacts need to quarantine if they:

  • Are 18 or older and completed the primary vaccine series and are eligible for a booster (i.e., have gotten both shots of Pfizer or Moderna more than 5 months ago or one shot of J&J more than 2 months ago) but have not yet gotten boosted,
  • Have not completed the primary vaccine series regardless of age, or
  • Are unvaccinated.
 
These individuals are instructed to:

  • Stay home and away from other people for at least 5 days after the last contact with a person who has COVID-19 (with the date of last exposure considered day “0”).

  • Get tested after day 5.
  • If the person tests negative, they can leave their home but continue to wear a mask until 10 days after the last close contact with someone with COVID-19.
  • If the person tests positive, they should follow the instructions for COVID-Positive Persons above.
  • If the person is unable to test and is symptom free, they can leave their home after day 5 but continue to wear a mask until 10 days after the last close contact with someone with COVID-19.

  • Do not go to places where they are unable to wear a mask, avoid eating around others until a full 10 days has passed, and, if unable to wear a mask, should continue to quarantine for a full 10 days.

  • Watch for symptoms for 10 days after the last close contact, and if they have symptoms isolate immediately and get tested.
 
The following people need not quarantine after close contact, but should still wear a well-fitting mask around others for 10 days from the date of the last close contact with someone with COVID-19:

  • People ages 18 or older who are fully vaccinated AND boosted if eligible.
  • Children ages 5-17 who are fully vaccinated.
  • People who have tested positive for COVID-19 with a viral test within the previous 90 days and subsequently recovered and remain without COVID-19 symptoms, regardless of vaccination status.
 
Unless the person has tested positive within the previous 90 days and remains without COVID-19 symptoms, these COVID Close Contacts should still get tested at least 5 days after they last had close contact, and if they test positive or develop COVID-19 symptoms should follow the isolation instructions above.

Updated Definition of “Close Contact”

New York and the CDC have also revised the definition of a “close contact.”  Close contacts are now defined as someone who was less than 6 feet away from an infected person (laboratory-confirmed or a clinical diagnosis) for a cumulative total of 15 minutes or more over a 24-hour period (for example, three individual 5-minute exposures for a total of 15 minutes), including within the 2-day period before the start of the infected person’s symptoms, or if they don't have symptoms, two days before their positive COVID-19 specimen collection date. 

Effect of New Quarantine Rules on NY HERO Act Health Screening Requirement

Pursuant to the NY HERO Act, New York employers must continue to conduct daily health screenings for in-person workers.

Due to the New Quarantine Rules, NY HERO Act health screening questions and responses need to be revised.

We recommend consulting with counsel regarding updating your health screening questions.

State-Specific Exceptions to the New Quarantine Rules

The California Department of Public Health has instituted requirements that go further than the New Quarantine Guidance. In that regard, individuals who test positive for COVID-19 must subsequently test negative on or after day 5 of isolation in order to exit quarantine, and if still positive or untested, must stay in quarantine until day 10. Similarly, individuals in quarantine after close contact with someone with COVID-19 must test negative on or after day 5 of quarantine or otherwise continue to quarantine until day 10.

Employers in other states should refer to their local rules to determine whether the state has adopted the CDC Revised Quarantine Guidance wholesale or have alternative requirements.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.

This memorandum is published solely for the informational interest of friends and clients of Ellenoff Grossman & Schole LLP and should in no way be relied upon or construed as legal advice.