Gov. Cuomo's Travel Order is Expansive But Has No Bearing on PA and NJ Employees

On October 30, 2020, Governor Cuomo issued Executive Order 205.2. This Order sets out fairly strict travel protocol for anyone traveling to and from the state of New York. Companies with a presence in New York, or with employees living and working in New York should be aware of these travel restrictions.

NOTE: This article covers the non-essential employee standards. The Guidance has specific guidance for essential workers.

Briefly, the restrictions are as follows:

NOTE: Contiguous states are: Pennsylvania, Vermont, Massachusetts, New Jersey, Connecticut.

  • If an individual has traveled outside of New York in a state that is non-contiguous, or a CDC Level 2 or 3 Travel Health Notice country, for longer than 24 hours, then they must quarantine for 14 days, unless:

    • The individual obtained a test within 72 hours prior to arrival in New York, AND

    • Upon arrival in New York, the individual quarantined for a minimum of three days from the date of arrival. On the 4th day, the individual may seek a diagnostic test to exit the quarantine.

  • If an individual has traveled to a non-contiguous state, or a CDC Level 2 or 3 Travel Health Notice country, for less than 24 hours, then they do not have to obtain a diagnostic test, and they do not need to quarantine upon their return.

    • HOWEVER: These travelers must (1) fill out a Traveler Form upon entry back to New York, and (2) obtain a diagnostic test on the fourth day after arrival in New York.

    • NOTE: Employees traveling through an airport must fill out the Traveler form before leaving the airport. Individuals who leave an airport without completing the form face a potential fine of , “$10,000…and may be brought to a hearing and ordered to complete mandatory quarantine.” Employees traveling via train, car or other means of transport must complete the Form online.

Employers with employees traveling to New York, but ensure that their COVID Policies and Travel Policies are updated. Employees must be aware of the mandatory travel form. It is prudent to have employees review and sign any updated COVID Policies and Travel Policies so that the employers are not on the hook for any fines or penalties related to an employee’s failure to complete the mandatory Travel Form.

GUIDANCE DOES NOT APPLY TO EMPLOYEES FROM PA AND NJ

This guidance does not apply to employees in Contiguous States. Because of the interconnectedness of Pennsylvania and New Jersey and New York, employees from these states are not subject to this Guidance. The Guidance is explicit, “[c]ontiguous states are Pennsylvania, New Jersey, Connecticut, Massachusetts, and Vermont. Travelers from these states are not subject to this guidance.”

EMPLOYERS MUST KEEP TRACK OF WHERE THEIR REMOTE EMPLOYEES LIVE

With that being said, as many companies go remote, employees are dispersed throughout the country. Employers must keep track of where their employees live and thus whether this travel order applies. Unlike Pennsylvania, this is not a recommendation. This is an Order from the state that carries monetary penalties and/or a forced quarantine.

Susie Cirilli