Not So Fast: Updated CDC Guidance on COVID-19 Isolation Has Limited Application for Employers

On March 1, 2024, the Centers for Disease Control and Prevention (CDC) announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days. While this is a welcome change for all, it does not eliminate the isolation requirements for California employers.

Under the new CDC guidance, individuals are no longer required to isolate if they contract COVID-19.  Rather, they should monitor themselves for symptoms including fever, chills, cough, fatigue, and so on.  If they develop symptoms, they should stay home and away from others until their symptoms have been improving and they have not had a fever for at least 24 hours. There is no longer any set amount of time for a person to remain away from others under the CDC’s guidance.

California employers, however, are still subject to the Cal/OSHA COVID-19 Non-Emergency Standards, which remain in effect until February 2025.  Those standards require individuals with COVID-19 to be excluded from the workplace during the infectious period, even if they don’t develop symptoms. The infectious period is two days before the positive test date through 10 days thereafter.  The infectious period may end sooner if an employee tests negative after day five.  The Cal/OSHA standards are also stricter for employees who develop symptoms.  Those employees must be excluded from work for 10 days after symptoms appeared (unless they test negative after day five), and 24 hours have passed with no fever.

While we are moving towards COVID-19 being in the rearview mirror, Employers still have obligations under the current Cal/OSHA Standards.  If you have questions about your COVID-19 compliance, or general compliance with California employment laws, don’t hesitate to reach out to your Stradling attorneys for guidance.