Return to Work Guidance Uncertain with End of State Public Health Emergency

With the rescission of the state's public health emergency, the ongoing effectiveness of State guidance governing the duration of furloughs for health care personnel (HCP) who are diagnosed with or exposed to COVID-19 is in question. LeadingAge NY has raised this issue with the Executive Branch and requested clarification. As of the time of this writing, we have not received any further guidance.

Even if the State "return to work" guidance were no longer effective, federal guidance would apply. Unlike the State guidance, which requires prolonged furloughs for nursing home and other long term care facility staff, the Centers for Disease Control and Prevention (CDC) guidance links the duration of the furlough period to factors other than the licensure of the setting. Under CDC guidance, unvaccinated and not recently recovered HCP who have an exposure in a health care setting (i.e., when not wearing appropriate personal protective equipment) must furlough for 14 days regardless of the type of health care setting. Unvaccinated and not recently recovered HCP who have an exposure in the community must follow the CDC's guidance for community exposures, which generally requires a 14-day quarantine. This quarantine may be reduced by a local health department to 10 days or to seven days with a negative test. The CDC furlough period for HCP who test positive for COVID-19 is somewhat flexible and based on level of illness and whether the individual is severely immunocompromised. For individuals with mild to moderate illness who are not severely immunocompromised, the furlough period is 10 days, provided that symptoms have improved and at least 24 hours have passed since the last fever.

We will notify members as soon as we receive any clarification regarding the effectiveness of the State guidance.

Contact: Karen Lipson, klipson@leadingageny.org, 518-867-8838