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.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.