On November 30, 2022, the New York State Department of Health (NYSDOH) updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to Sars-CoV-2. This new guidance supersedes previous New York guidance to be consistent with recommendations published by the Centers for Disease Control and Prevention (CDC).

For recommendations on healthcare providers returning to work following infection with SARS-CoV-2 or exposure to SARS-CoV-2, New York employers should review the CDC’s Interim Guidance for Managing Healthcare Personnel with SARS-CoV-2 Infection or Exposure to SARS-CoV-2. With the adoption of the CDC’s guidance, the most significant change for New York healthcare employers is that there is no longer a distinction between vaccinated and unvaccinated healthcare workers when it comes to returning to work following exposure to COVID-19. Work restrictions are not necessary for most asymptomatic healthcare providers following exposure, regardless of vaccination status. Healthcare employers should review the CDC’s guidance in full for recommendations about testing and other protocols. 

As a reminder, when it comes to returning to work following infection, there are important distinctions depending on the severity of the healthcare provider’s symptoms and whether the healthcare provider is immunocompromised. NYSDOH continues to align with the CDC’s return to work recommendations for healthcare providers which recommends an isolation period of 10 days after symptoms first appeared or after at least 7 days with a negative viral test following the testing protocol described by the CDC if a conventional strategy is used. Healthcare employers should review the additional recommendations included in the CDC guidance including detailed guidance for healthcare providers who have more severe symptoms or are immunocompromised.

The NYSDOH permits healthcare providers who are experiencing or anticipating staffing shortages due to COVID-19 to utilize contingency and crisis strategies in the CDC’s Strategies to Mitigate Healthcare Personnel Staffing Shortages which may allow healthcare providers to return to work sooner than under the conventional guidance. The NYSDOH advises that transition from conventional to contingency to crisis strategies should be based on ability to provide essential services, as determined by the facility. Healthcare providers, with some exceptions, are directed to notify the NYSDOH if “crisis” strategies are required. 

New York healthcare facilities may want to consider reviewing their policies and practices in light of this updated guidance. If you have questions about your obligations, please reach out to Jackson Lewis attorneys.

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Photo of Jenifer M. Bologna Jenifer M. Bologna

Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which…

Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which they operate.

Jenifer specializes in preventative advice and counsel on a nation-wide basis, regularly advising clients on multi-state employment law issues to address an increasingly remote and hybrid workforce. In addition, she supports employers in navigating the complex and growing body of federal, state and local leave, accommodation and benefit laws that impact an employer’s response to employees who are injured or ill, have family care responsibilities or need time to bond with children.

Jenifer’s extensive counseling experience allows her to provide nuanced advice that helps employers effectively respond to the legal and business challenges posed by the varying array of workplace employment laws. Utilizing creative legal strategies and practical advice, she guides clients through these complex issues that often demand individualized solutions.

Jenifer’s goal is to minimize her clients’ litigation risk by working with them to implement preventative strategies and constructive solutions. As such, she regularly assists employers with policy and process development or improvement, including absence management and accommodation protocols and multi-state employment policies. Understanding there is no one-size-fits-all approach, Jenifer works with clients to develop an employment law compliance strategy that best fits their specific needs.

In addition to advice and counsel, Jenifer frequently speaks on disability and absence management issues and employment law compliance, including regularly conducting workplace training on these topics.

Photo of Tania J. Mistretta Tania J. Mistretta

Tania J. Mistretta is a principal in the New York City, New York, office of Jackson Lewis P.C. She partners closely with national and local clients to advise on challenging workplace law issues, providing strategic advice on how to achieve business objectives while…

Tania J. Mistretta is a principal in the New York City, New York, office of Jackson Lewis P.C. She partners closely with national and local clients to advise on challenging workplace law issues, providing strategic advice on how to achieve business objectives while ensuring compliance with the law.