On March 1, 2024, the Centers for Disease Control and Prevention (CDC) issued updated guidance related to COVID-19 prevention and treatment. Prior to March 1, 2024, the CDC recommended that individuals who test positive for COVID-19 should isolate for a minimum of five days following a positive test and also follow a period of post-isolation precautions.

The CDC’s new Respiratory Virus Guidance

The CDC’s new Respiratory Virus Guidance includes several changes to its prior COVID-19 specific guidance. Initially, the new guidance applies to individuals who contract respiratory illnesses including COVID-19, flu and RSV, and no longer focuses on COVID-19 alone. The guidance explains that this change was made to address the most common respiratory viruses that cause significant amounts of disease, especially in the fall and winters seasons.

Next, the new guidance eliminates the five day isolation requirement, and instead recommends that individuals with these respiratory illnesses stay home and away from others until at least 24 hours after both their symptoms are getting better overall and they have not had a fever without the use of fever-reducing medication. According to FAQs provided by the CDC, “improving symptoms” means that a person is starting to feel better, and the body is returning to normal after an infection. The guidance also encourages added precautions over the next five days after time at home is over.

Finally, the guidance states that it is intended to apply in general community settings but not in healthcare settings. The CDC offers separate and specific guidance for COVID-19 in healthcare settings, which can be found here. The CDC also states that it has been working with education partners to develop infection prevention and control guidance for schools, and that this guidance should be released prior to the 2024-2025 school year.

NYS COVID-19 Leave Statute

Employers across New York state are likely wondering what impact, if any, the change in CDC guidance has on New York’s COVID-19 Paid Leave statute.

By way of review, New York’s COVID-19 Paid Leave law states that employers are required to provide employees paid leave if they are subject to a mandatory or precautionary order of isolation or quarantine issued by the New York State Department of Health (NYSDOH) (or any governmental entity similarly authorized). The length of leave depends on the employer’s size and income.

As reported on our blog here, as of Sept. 14, 2022, the NYSDOH issued updated COVID-19 quarantine and isolation guidance stating that it would follow the CDC guidelines on quarantine and isolation. With respect to obtaining an order of isolation or quarantine, NYSDOH guidance currently states, “The New York State Department of Health is following the Centers for Disease Control and Prevention’s (CDC) isolation and precautions for people with COVID-19 guidance, which provides information to those who tested positive. Currently, only orders of isolation are required.”

Effect of the CDC Guidance on Employers’ Obligation to Provide NYS COVID-19 Leave

With the CDC’s elimination of the five day isolation requirement, New York employers are faced with the question of whether they must continue offering COVID-19 Paid Leave. Arguably, without a specific CDC isolation requirement, COVID-19 paid leave will no longer be required. However, the new CDC guidance still recommends that individuals who have respiratory illness, including COVID-19, stay home and away from others until at least 24 hours after both their symptoms are getting better overall and they have not had a fever. It is not clear if New York state will continue to interpret this as an isolation requirement that would entitle employees to COVID-19 Paid Leave. As such, whether New York employers must continue to provide COVID-19 Paid leave is unclear.

It is also worth noting that Gov. Hochul’s 2025 Executive Budget Proposal includes proposed legislation that would end the State’s COVID-19 Paid Sick Leave Law as of July 31, 2024. To date, that legislation has not been voted on or passed, but it may be adopted in the near future.

Bond will continue to monitor developments related to COVID-19 Paid Leave and will publish updated guidance and information as it becomes available. Employers with questions about COVID-19 Paid Leave, or any of the information contained in this memo, can contact Adam Mastroleo, any attorney in Bond’s labor and employment practice or the Bond attorney with whom you are in regular contact.

Governor Hochul’s 2025 Executive Budget Proposal released last week includes a number of significant legislative proposals that would directly impact employers in New York state.

Read More >> COVID Paid Leave Repeal, New Paid Prenatal Leave, Paid Breaks for Breastmilk Expression and More: Labor & Employment Law Proposals to Watch in Gov. Hochul’s Executive Budget Proposal

On October 4, 2023, the COVID-19 vaccine mandate for health care workers in New York will officially be repealed. On September 18, 2023, the New York State Department of Health (NYSDOH) submitted a Notice of Adoption to repeal 10 N.Y.C.R.R. 2.61 (the Regulation), which was the emergency regulation requiring covered health care employers to ensure that their personnel were fully vaccinated against COVID-19.  

Read More >> New York State Officially Repeals the COVID-19 Vaccine Mandate for Health Care Workers

Since the announcement of the end of the federal Public Health Emergency, many clients have inquired as to the status of New York’s COVID-19 Paid Leave Law. 

As a quick recap, on March 18, 2020, in the infancy of the COVID-19 pandemic, then-Governor Cuomo signed a bill that guaranteed certain paid and unpaid leave benefits for New Yorkers subject to a mandatory or precautionary order of quarantine or isolation as a result of COVID-19 (COVID Paid Leave). While the law has remained the same since its enactment, its application has changed as the State and Federal rules regarding quarantine and isolation have changed. For example, at the beginning of the pandemic, the State issued its own rules regarding quarantine and isolation, but now relies exclusively on guidance from the Centers for Disease Control and Prevention to determine appropriate quarantine and isolation protocols.

Read More >> Is The End Near? COVID Paid Leave Developments

On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) published a final rule withdrawing the requirement that employees of CMS covered health care providers be vaccinated against COVID-19. You may recall that CMS issued an interim final rule in November 2021 that required Medicare- and Medicaid-certified providers to ensure the vaccination of their staff members. The final rule published today effectively eliminates that requirement.

Read More >> CMS Issues Final Rule Withdrawing Health Care Staff COVID-19 Vaccination Requirement

On Aug. 26, 2021, the New York State Department of Health (DOH) implemented an emergency regulation requiring covered health care employers, including hospitals, to “continuously” ensure that their “personnel” are fully vaccinated against COVID-19. See N.Y. Comp. Codes R. & Regs. Tit 10, § 2.61 (the DOH Mandate). The DOH Mandate stated that healthcare personnel were required to receive a first dose of a COVID-19 vaccine by Sept. 27, 2021 “absent receipt of an exemption as allowed” by the regulation. The DOH Commissioner permanently adopted the DOH Mandate in June 2022.

Read More >> New York Department of Health Commissioner Recommends Repeal of the Healthcare Worker Vaccine Mandate

As covered in our previous blog post, in January 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19. The NYSDOH, the Commissioner of Health, Governor Hochul (collectively, Respondents) filed a Notice of Appeal, indicating their intention to appeal Judge Neri’s decision in its entirety. Shortly thereafter, on Jan. 27, 2023, Respondents moved for a stay of enforcement of Judge Neri’s Order during the pendency of their appeal.

Read More >> Appellate Division Stays Invalidation of Healthcare Vaccine Mandate

On Jan. 13, 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19.[1] Judge Neri invalidated the Regulation on several grounds, holding that the NYSDOH exceeded its authority in implementing the Regulation and that the Regulation lacked a rational basis given the NYSDOH’s acknowledgement that the mandate does not prevent transmission.[2]

Read More >> Update Regarding New York’s Healthcare Vaccine Mandate

With the onset of the COVID-19 XBB.1.5 variant, more employees are in need of time off from work this winter to recover from unfortunate illness. Below is a quick update for employers on the current state of COVID-19 paid leave laws available to employees:

Read More >> COVID-19 Legal Check-Up: Where Are We Now?

In August 2021, the New York State Department of Health (NYSDOH) implemented an emergency regulation – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19. The NYSDOH Commissioner permanently adopted the regulation in June 2022. Commonly referred to as a COVID-19 vaccine mandate for healthcare workers, the Regulation has been the subject of several legal challenges in both state and federal courts.

Read More >> New York’s Healthcare Vaccine Mandate Comes Under Fire . . . Again

On Sept. 14, 2022, the New York State Department of Health (NYSDOH) issued updated COVID-19 quarantine and isolation guidance, which effectively replaces the guidance from May 31, 2022. According to the September 14 guidance, the NYSDOH will now follow the Centers for Disease Control and Prevention’s (CDC) guidelines on quarantine and isolation.

Read More >> New York State Adopts the CDC’s COVID-19 Quarantine and Isolation Guidance

Last week, a New York State Supreme Court judge ruled that New York’s regulation establishing isolation and quarantine procedures related to COVID-19 and other highly communicable diseases is void and unenforceable.

Read More >> Judge Declares New York’s COVID-19 Isolation and Quarantine Regulation Unenforceable