CDC COVID Guidance for Isolation/Quarantine/Return to Work

This past month, it seems like every branch of our government – from the President himself all the way down to school superintendents, and everyone in between – has imposed new (and often contradictory) COVID-19 health and safety protocols.  

This has placed even the most conservative, safety-minded employers in an awkward, even impossible position.  Do you comply with the Occupational Safety and Health Administration Emergency Temporary Standards (“OSHA ETS”) mandate requiring vaccines, or Florida’s recently enacted statute, banning such requirements?   Is mandatory masking alright?  What about vaccine cards?

Just last week on January 7, the federal Supreme Court (“SCOTUS”) heard expedited oral arguments regarding the OSHA ETS 100+ employee vaccine mandate.  As of today, SCOTUS has yet to weigh in so the OSHA ETS mandate is currently the law of the land, and penalties for non-compliance set to begin in February.  

When SCOTUS finally does issue a ruling, it will likely impact every single federal, state, and local law or regulation pertaining to COVID-19 in one way or another, cementing certain practices as unassailable, and forbidding others as unconstitutional.  We will keep you posted within twenty-four (24) hours of any SCOTUS updates.

In the meantime, to help you separate the signal from the noise, below is a summary of the Center for Disease Control’s (“CDC”) latest COVID-19 health and safety protocols regarding isolation, quarantine and return to work.  As of today, January 11, 2022 – headlines and speculation to the contrary notwithstanding – these are the guidelines employers like yourself should use when an employee tests positive for, or is exposed to someone testing positive for, COVID-19.

• Positive Test

  • The protocol for a positive COVID-19 test is the same regardless of an employee’s vaccination status: five (5) days of isolation / quarantine.

  • Of course, it can’t be that easy. How to calculate the five (5) day period changes depending on whether the employee actually has any symptoms of COVID-19.

    • Symptomatic: Day one (1) of the five (5) day period begins on the first “full day” of symptoms, i.e., the first day the employee woke up with symptoms of COVID-19.

    • Asymptomatic: Day one (1) of the five (5) day period is the day after the positive test was administered.

• Return to Work After a Positive Test

  • After the five (5) days of isolation / quarantine have lapsed – that is, on day six (6) – you should ask the employee if they currently have a fever.

    • Fever: if, on day six (6), the employee does have a fever, the employee must continue to isolate / quarantine until their fever breaks. They can return the day after their fever breaks but must wear a mask at all times in the workplace for the next five (5) days.

    • No fever: if, on day six (6), the employee doesn’t have a fever, they are free to return to work. However, they are also required to wear a mask at all times in the workplace for the next five (5) days.

      • Note that – fever or no fever – this second five (5) day clock keeps ticking regardless of whether the employee actually works for the next five (5) days; the masking is for five (5) days, not five (5) workdays.

• Exposure

  • Unlike a positive test, the CDC’s protocol for exposure differs depending on an employee’s vaccination status.

    • Vaccinated employees: a vaccinated employee – defined by the CDC as an employee who received either a second or a booster dose of Pfizer or Moderna within the past six (6) months, or a dose of J&J within the past two (2) months – who was exposed to a person who tested positive for COVID-19 must wear a mask for ten (10) days, beginning on the day after exposure.

    • Unvaccinated employees: an unvaccinated employee who was exposed to a person who tested positive for COVID-19 should isolate / quarantine for five (5) days, beginning on the day after exposure. If, on day five (5), the employee has experienced no symptoms of COVID-19, they may return to work, but must wear a mask for the next five (5) days.

      • Note that – just as before – this second clock keeps ticking regardless of whether the employee actually works for the next five (5) or ten (10) days; the masking requirement is measured in days, not workdays.

      • Vaccinated or not, the CDC recommends that any individual exposed to a confirmed case of COVID-19 should be tested for COVID-19 five (5) days after exposure.

And there you have it!  We hope this helps clarify the conflicting information being disseminated from various media outlets, special interest groups, and even from feuding government entities.  Keep in mind, this guidance is subject to change at any time. 

We will keep you appraised of any new requirements or developments as they arise.  In the meantime, we hope this information helps you keep your employees safe - and your doors open for business!