In an effort to address the staffing issues surrounding the spike in COVID-19 cases due to the highly-transmissible Omicron variant, New York has announced changes to the quarantine and return-to-work guidelines for fully vaccinated individuals working in certain critical industries who test positive for COVID-19.
Effective immediately, if there is a critical staffing shortage, fully vaccinated employees who work in restaurants, bars, grocery, food and beverage stores, healthcare (including doctors’ offices and dental practices), security (including contracted defense and national security-related operations), cleaning services (including building janitors), residential and commercial moving and schools or childcare facilities, among others, and who test positive for COVID-19 may return to work after day 5 of their isolation period instead of after 10 days if they meet all the following criteria:
- The individual is asymptomatic, or, if they had mild symptoms, they:
- Have not had a fever for at least 72 hours without fever-reducing medication (not 24 hours);
- Have resolution of symptoms or, if still with residual symptoms, then all are improving;
- Do not have a runny nose; and
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Have no more than a minimal, non-productive cough (i.e., one that is not disruptive to work and does not stop the person from wearing their mask continuously, and they are not coughing up phlegm)
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The individual is able to consistently and correctly wear a well-fitting face mask (cloth masks are not permitted except as part of double-masking with a disposable mask underneath), a higher-level mask such as a KN95, or a fit-tested N95 respirator while at work, which should fit with no air gaps around the edges; and
- They are not moderately to severely immunocompromised.
For healthcare settings, if the employee is not wearing a respirator they must wear a well-fitting surgical face mask, and their face mask must be worn even when in non-patient care areas. They must also be restricted from contact with severely immunocompromised patients.
For the purposes of calculating the isolation period, day zero is the date of symptom onset if the individual is symptomatic, or the date the first positive test was taken if the individual is asymptomatic.
To be considered “fully vaccinated,” at least 2 weeks must have passed since the individual received 1 dose of the J&J/Janssen vaccine or the second dose of a 2-dose mRNA vaccine (e.g., Pfizer, Moderna).
Testing is not required to return to work if the above criteria are met. Individuals allowed to return to work under this policy must continue to stay at home, take precautions to avoid household transmission, and observe other required elements of isolation while not at work until the end of the 10-day period.
Employees who come back to work after a 5-day quarantine must be instructed that:
- They should maintain 6-foot distance from coworkers at all times except when job duties require otherwise.
- If they must remove their mask in order to eat or drink, they should separate themselves from others.
- They should self-monitor for symptoms, and if symptoms recur or worsen both notify the employer and seek re-evaluation from their healthcare provider.
The full list of categories of workers considered “critical” can be found starting on page 3 of the quarantine and return-to-work guidelines. Please note that while "hotels" are not explicitly listed, employees working in hotels in the listed classifications are covered by these revised return-to-work rules.
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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.
