Seyfarth Synopsis: On December 29, Governor Cuomo quietly announced modified rules to post-exposure quarantine.  Previously, New Yorkers were instructed to quarantine for 14 days if they were exposed to COVID-19.  Now, the quarantine period has been shortened to 10 days provided that the exposed person has no symptoms and continues to monitor for symptoms through Day 14.  These new modifications apply to the Travel Advisory as well. These modifications move New York’s direction to further align with recent guidance issued by the CDC.

Throughout the COVID-19 pandemic, New York State has issued several quarantine rules for travelers, affected employees, and members of the public.  These rules sometimes aligned with the CDC’s recommendations, but not all the time, which created administrative headaches for New York employers on what guidance they should follow.

On December 2, 2020, the CDC issued new quarantine recommendations for contacts of persons with COVID-19.  In short, the CDC suggested that states consider alternatives to the previous 14-day standard:

• Quarantine can end after Day 10 without testing and if no symptoms have been reported during daily monitoring.
• Quarantine can end after Day 7 if a person tests negative and if no symptoms were reported during daily monitoring.

The CDC noted that “a 14-day quarantine can impose personal burdens that may affect physical and mental health as well as cause economic hardship that may reduce compliance.” Importantly, it noted that from a policy perspective, the “prospect of quarantine may dissuade recently diagnosed persons from naming contacts and may dissuade contacts from responding to contact tracer outreach if they perceive the length of quarantine as onerous.”  While the CDC acknowledged that the 14-day period remained the most conservative approach, the risks of transmission were still very low with the shorter alternatives.

On December 29, 2020, Governor Cuomo announced new modifications to quarantine requirements for exposure to COVID-19, which adopted the CDC’s 10-day quarantine alternative, but not the CDC’s even shorter 7-day quarantine option that includes a negative test result requirement.  The Governor confirmed that this new quarantine rule also reduced the Travel Advisory’s previous 14-day quarantine period, and left intact the exceptions for essential workers and the alternative “test out” procedure. 

Based on this new rule, employers can allow employees with COVID exposure to end their quarantine after 10 days and return to work if they exhibit no symptoms throughout the 10-day period, do not test positive, and continue to self-monitor for symptoms through Day 14.  Employers can similarly allow employees subject to the Travel Advisory to return to the workplace after 10 symptom-free days.