Quarantine & Isolation Refresher
As 2021 comes to a close, and the Omicron variant makes its way through workplaces, it may be helpful to remind your employees of the protocol for exposure to COVID. Below is a summary of the CDC’s guidelines as they relate to isolation and quarantine:
Fully Vaccinated Employees
No-COVID Symptoms
Fully-vaccinated people with no COVID-like symptoms following an exposure to someone with COVID-19 (suspected or confirmed), must: (1) get tested 5-7 days following the date of exposure; and (2) wear a mask in public indoor settings for 14 days or until they receive a negative test.
These individuals do not need to quarantine.
Suggestion: For the individuals who are fully vaccinated, and who do not have symptoms, require them to get tested. According to the FLSA (Federal Law), an employer needs to pay an employee for the time spent getting a required COVID-19 test when the individual has to get the test during regular working hours. (“[t]ime spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee’s normal working hours on days when [they] are working constitutes hours worked.”)
PENNSYLVANIA EMPLOYERS: There is also a law in Pennsylvania called the “Medical Pay Law” that states that if an employer requires an employee to undergo a medical examination, including a COVID-19 test, in order to continue working, then the employer is responsible for paying for that examination unless another statute requires that examination as a condition of employment. It may be worth consulting with counsel on issues relating to compensation for testing.
COVID Symptoms
Fully-vaccinated people who have COVID-19 symptoms, must isolate at home for ten (10) days. They can be around others after: (1) 10 days since the symptoms first appeared; and (2) 24 hours with no fever without the use of fever-reducing medications; and (3) other symptoms of COVID-19 are improving.
Not Fully-Vaccinated Individuals
No COVID Symptoms
Individuals who are not vaccinated and have a close contact with an individual with COVID-19 must (1) quarantine for 14 days.
Employers can opt to shorten the quarantine: (1) End the quarantine after 10 days without testing, so long as the individual is asymptomatic, or (2) after 7 days so long as the individual received a negative COVID test. NOTE: The test must occur on day 5 or later.
COVID Symptoms
See above section on symptomatic individuals. The same applies to non-vaccinated people.
There is no requirement any more to pay individuals who must quarantine because of COVID-19. While they could take PTO, there is no federal or state requirement to pay individuals for sitting out due to COVID.
The end of the year is always a good time for employers to review and revamp company policies. In light of the current COVID situation, it makes sense to remind employees of the Company Covid Protocol.