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Austin, TX 78705
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Clear as Mud. The CDC's Latest Guidance on Isolation and Quarantine Periods.

With doctors making statements such as “everyone will have a date with omicron” and the “numbers are staggering,” it is virtually guaranteed that employers will have multiple employees who are infected with the omicron variant of COVID-19. Because, however, the variant seems to cause lesser symptoms than previous variants and because employers in general and health care employers, in particular, are facing huge operational challenges with so many employees off work with omicron, the CDC has shortened its recommended isolation and quarantine periods for those testing positive or exposed to omicron.

The first change was announced on December 27, 2021. In that updated guidance, the CDC provided for three different scenarios:
 
  • Positive test: if you test positive, regardless of vaccination status, stay home for 5 days. If you have no symptoms or symptoms have resolved in those 5 days, you can leave your house. You should continue to wear a mask around others for 5 additional days.
  • Exposed but fully vaccinated: If you were exposed to someone with COVID-19 and you been boosted or completed the two dose regimen of Moderna or Pfizer vaccines within the last 6 months or completed the J&J vaccine within the last 2 months, you do not have to quarantine but you should wear a mask around others for 10 days and test on day 5, if possible.
  • Exposed but not fully vaccinated: If are vaccinated but not boosted, or are unvaccinated, you should stay home for 5 days, continue to wear a mask an additional 5 days (but if you cannot quarantine for 5 days, then wear a mask for those 5 days and the additional 5 days), and test on day 5 if possible.
On January 4, 2022, the CDC updated its guidance again, after criticism over the testing (or lack thereof) component of its December 27, 2021 guidance. The January 4 update does not advise or require another test to come out of isolation, but provides that if you do test and again test positive, you should continue to isolate for 10 days after symptoms started. If the test is negative, you can end isolation but should wear a mask around others for 10 days.

Clear, right? So what should employers do?
 
  1. If an employee tests positive, have them stay home for 5 days. If the employee has no symptoms or the symptoms have resolved within those 5 days, the employee can return to work but should wear a mask for at least an additional 5 days. It also would be wise to have that employee socially distance from others in the workplace if possible during those additional 5 days. If the employee does test again and tests positive again, the employee should continue to stay home for 10 days after symptoms have resolved. If the employee does not test again but continues to have symptoms after day 5, the employee should remain home until the symptoms resolve.
  2. If an employee is exposed to COVID-19, but is fully vaccinated and boosted, the employee can work but should wear a mask for 10 days. If possible, the employee should test on day 5 after the exposure. If the employee tests positive, then the steps set forth in No. 1 above would apply. If negative, the employee should continue to wear a mask for the duration of 10 days.
  3. If an employee is exposed to COVID-19, and is not fully boosted or vaccinated, the employee should stay home 5 days and then wear a mask an additional 5 days. If the employee does test at the 5 day mark, then the outcome of the test will determine whether the employee returns to work immediately (negative test) or goes into isolation (positive test) until symptoms resolve or the employee obtains a negative test.
As always, if you have questions, please contact one of our labor and employment lawyers.  And good luck out there!