Workplace Practices Could Change Following CDC’s New COVID-19 Guidance

The U.S. Centers for Disease Control and Prevention (CDC) recently released updated guidance regarding COVID-19.

On March 1, 2024, the CDC eliminated its recommendation that people who contract the virus isolate for five days. Instead, the CDC recommends people treat COVID-19 in a similar manner to other respiratory viruses.

While the impact of the CDC’s new guidance will vary depending on an employer’s location, most employers can now update their policies and protocols to remove the 5-day isolation period.

The CDC’s New Recommendations

The CDC’s new Respiratory Virus Guidance focuses on providing cohesive, generalized recommendations to protect against respiratory viruses, including, but not limited to, influenza, RSV and COVID-19.

The CDC now recommends that people who have symptoms of COVID-19 stay home and isolate from others until at least 24 hours after they have been fever-free (without using fever-reducing medication) and their symptoms improve overall (the “stay-at-home period”). The stay-at-home period will vary depending on each person’s length of symptoms. It could be shorter, the same or longer than the previously recommended 5-day isolation period.

The CDC continues to recommend that individuals take added precautions and prevention actions after their symptoms have improved for at least 5 days. The CDC’s recommended prevention actions are largely unchanged and include enhanced hygiene practices (e.g., more frequent hand washing), wearing a well-fitting mask, keeping a distance from others, and getting tested.

Implications for Employers

In light of the updated CDC guidance, employers should consider evaluating their current COVID-19 policies or protocols. Employers, however, should consult with their legal counsel before making any modifications.

Some state and local laws and health departments may continue to have requirements that are stricter than the CDC’s new recommendations. For example, in New York, employers are still required to provide job-protected, paid leave to employees where the employee or their child is subject to a mandatory or precautionary order of quarantine or isolation for COVID-19 (when the State of New York, the Department of Health, local board of health, or other duly authorized government entity issues an order. If these orders continue to be issued despite the CDC’s new guidance, then New York employers will be required to continue providing such leave.

Additionally, employers operating in environments where there continues to be a high-risk for the spread of COVID-19 may wish to maintain policies and protocols that are stricter than the CDC’s recommendation for the general public. Notably, the CDC’s Interim Guidance for Managing Healthcare Personnel with SARS-CoV-2 Infection or Exposure to SARS-CoV-2 was last updated in September 2022 and has not been changed.

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