COVID-19 Update: Elimination of Mandatory Isolation in Some Federal States in Germany Poses New Challenges for Employers

The National Law Review

As of November 23, 2022, the German Federal State of Hesse no longer requires an obligatory isolation period for persons who have tested positive for COVID-19.

In the states of Bavaria, Schleswig-Holstein, and, to a limited extent, Baden-Wüerttemberg, this has already been the case since mid-November. Rhineland-Palatinate also announced a lifting of the isolation requirement. For employers in these federal states, this means new challenges in connection with the employment of positively tested employees and their remuneration. It may also make sense to adapt company hygiene concepts. This article addresses the new regulations in detail.

Elimination of the Isolation Requirement for Persons Tested Positive and New Mask Requirements

Bavaria, Schleswig-Holstein, and Hesse have lifted the regulations on mandatory isolation altogether. Instead, persons who have tested positive for COVID-19 are required to wear at least a medical mask outside their own homes. Exceptions to the mask requirement are possible under certain conditions. Specifically for Hesse and Bavaria, a mask is not required indoors if other persons are not present. In Hesse, a mask does not have to be worn indoors if only other people who have tested positive are staying there.

In Baden-Wüerttemberg, the obligation to isolate continues to apply in principle. However, this does not apply if the infected person wears at least a medical mask as a substitute measure for isolation. A separate order is not required with regard to the mask obligation.

For Rhineland-Palatinate, the isolation requirement ended on November 26, 2022. Instead, persons tested positive for COVID-19 will now have to wear at least a medical mask in public.

In Bavaria and Baden-Wüerttemberg, a person is not considered to have tested positive under the new regulations if there is only a positive self-test. The situation is different in Schleswig-Holstein and Hesse. In these states, a positive self-test is sufficient for the application of the new regulations. This also applies in Rhineland-Palatinate.

Read more at 

https://www.natlawreview.com/article/covid-19-update-elimination-mandatory-isolation-some-federal-states-germany-poses