What happened?

On March 1, 2024, the Centers for Disease Control and Prevention (CDC) scaled back its guidance regarding COVID-19, most notably ending its recommendation of a 5-day quarantine following a positive COVID-19 diagnosis.

What are the details?

Since the New York State Department of Health (NYSDOH) adopted the CDC guidelines, it is expected to modify the paid leave the state offers, because employees are entitled to COVID-19 emergency leave only if they are subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health or any governmental authority with similar competence.

• This means that any change to the NYSDOH guidance on COVID-19 isolation can impact employee entitlement to New York COVID-19 emergency leave.

• The NYSDOH stated that as CDC guidance becomes available, the department will evaluate and update State guidance accordingly.

The main changes in the CDC guidance state that it:

• Applies to individuals who con tract respiratory illnesses including COVID-19, flu, and RSV, and no longer focuses on COVID-19 alone.

• Eliminates the 5-day isolation requirement, and instead recommends a 1-day isolation.

So far, the NYSDOH has not updated its guidance, but Vensure will keep employers updated as soon as any available update is available.

Business Considerations

• Employers should monitor the NYSDOH webpage for any updates to prepare to update their respective policies.
• Even though it is not explicitly mentioned, it is expected that the NYSDOH will adopt the 1-day isolation recommendation as a requirement.

Resources

• NYSDOH webpage COVID-19
• CDC updates and simplifies respiratory virus recommendations

Source References

• October 2022: New York State to Follow CDC Guidance on COVID-19 Quarantines and Isolations (VensureHR)
• If Pain, Yes Gain – Part 120: CDC Shortens COVID-19 Isolation Guidelines; Potential Impact on New York COVID-19 Paid Leave (Seyfarth Shaw LLP.)
• CDC Updated Guidance Regarding COVID-19 and Its Potential Impact on New York State COVID-19 Paid Leave (Bond, Schoeneck & King PLLC)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.