Seyfarth Synopsis: On May 31, 2022, New York updated its guidance for individuals to avoid the need for quarantine when exposed to COVID-19. New York now aligns with the CDC's recently-revised recommendations, under which a second booster for those 50 and older and for those 12 and older who are immunocompromised, is considered "up to date." The revised guidance also provides exceptions for children, teachers, and staff in specific school settings.
Following a period of little change in New York's COVID-19 protocols, the State updated its isolation and quarantine guidance on May 31, 2022 to align with recent revisions by the CDC.
Before this revision, New York's guidance provided that individuals could avoid the need to quarantine if they had received a single booster (provided they were eligible). However, the CDC revised its recommendations on May 24, 2022, stating that a second booster of either the Pfizer-BioNTech or Moderna vaccine is recommended for (i) adults 50 years and older, at least four months after their first booster shot, and (ii) anyone 12 and older who is moderately or severely immunocompromised.
New York has now incorporated this change into its own definition of "up to date" for its isolation and quarantine protocols. Accordingly, New York now requires individuals in these two categories who have received their first booster, and are eligible for their second booster but have not yet received it, to quarantine for 5 days following exposure to someone with COVID-19. New York's revised lengthy guidance and chart incorporate these changes. (As a reminder, "isolation" applies to someone who contracts COVID-19, while "quarantine" applies to one who is exposed to someone who is confirmed or suspected to have COVID-19.)
The revised guidance also provides more lenient standards for children, teachers, and school staff who were exposed to COVID-19 or tested positive for COVID-19 and would otherwise need to quarantine or isolate, respectively. Specifically:
- K-12 Students, Teachers, and Staff. Individuals in this category who are exposed to COVID-19 and are not otherwise "up to date" on their vaccines may "attend or work at school, school-based extracurricular activities, and eligible childcare programs for school-age children . . . during the quarantine period if they undergo recommended testing." However, the guidance notes that "these individuals must continue to quarantine as otherwise required outside of school."
- Nursery Students, Teachers, and Staff. Under
this exception:
- Quarantine. Children under quarantine can return to childcare and early childhood education settings on Day 6 after last exposure to an infected individual if completely asymptomatic. Testing on or about day 5 is not required but is recommended; individuals with a positive test should isolate. Masks should be worn from Days 6-10 for children age 2 and older who are capable of consistently and correctly wearing a mask. Staff under quarantine can return to work if they follow the "How to Quarantine" guidance and masks should be worn from Days 6-10.
- Isolation. Children under isolation can return to childcare and early childhood education settings on Day 6 if they have been fever-free for at least 24 hours without the use of fever-reducing medication and any other symptoms are improving. Testing on or about day 5 is not required but is recommended; individuals with a positive test should continue to isolate through day 10. Masks should be worn from Days 6-10 for children age 2 and above who are capable of consistently and correctly wearing a mask. Staff under isolation can return to work if they follow the "How to Isolate" guidance and masks should be worn from Days 6-10.
New York employers should consider revising their workplace COVID-19 policies to reflect these changes. Seyfarth will continue to monitor developments in this space and provide updates when available.
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