March 2024: Updated CDC COVID Protocol: What does this mean for Employers?
The CDC officially updated its guidance regarding COVID isolation protocol on March 1st. We break down what the latest guidance means for you and your employees.
What’s changed?
The significance of this change is that employees are no longer suggested (or required) to stay home for 5 calendar days from a positive test or the onset of symptoms. Instead, the CDC is now treating COVID like any other flu or similar sickness, suggesting that employees stay home when they are most contagious- while the most severe symptoms like fever persist, and then 24 hours after the symptoms start to improve. Generally, moving to the model of using best judgement and common sense to know when you’re too sick to work and spend time around others. Here is a link to the CDC’s formal guidance, including graphics to help guide employers in the new guidelines.
What does this mean?
This is good news for employers, because this means less mandated time away from work for staff, especially when employees may have no, or very mild symptoms despite a positive test. Employees should be encouraged to stay home while fever or more serious symptoms persist, but otherwise can return to work as soon as they are feeling well enough.
What does this change about COVID Paid Sick Leave in New York?
Update 4/23/25: NYS has extended the requirement for COVID Paid Sick Leave to be paid through July 2025.
NYS COVID Paid Sick Leave is only required to be paid if employees are subject to a quarantine or isolation order. The latest CDC guidance does not explicitly require isolation or quarantine for COVID cases any longer- just advice to “stay home". Therefore, in theory, no COVID Paid Sick Leave is required any longer in NYS. This being said, all legal interpretations are that NYS’ DOL could possibly still interpret any periods where the CDC simply suggests the employees stay home, to be "quarantine" time, which means NYS may want employers to still pay for that time through COVID PSL. Still, comparatively, this amount of time should be very limited in most circumstances, and likely won't accumulate to 5 or 14 days missed from work (the required COVID PSL periods to be paid when necessary).
With this information, employers can decide whether they would like to continue to offer COVID Paid sick leave in addition to other paid time off, when circumstances warrant (This is likely the "safest" option compliance-wise). In this case, it would be wise to require proof of a positive test in order for employees to be eligible for this paid and excused time (From a Dr. or Testing center- which is also allowed per this NYS law.). This will help mitigate any potential abuse of this benefit.
What about masks?
Masks are still suggested when employees return to work (leave isolation) for the next 5 days. This is a suggestion, not a requirement, so employers have the choice if they want to mandate this practice or give staff the option upon return.
Questions? Reach out!
