As COVID-19 continues to spread, employers face a myriad of questions about how to keep the workplace safe. Of course, part of keeping the workplace safe is knowing when an employee who tested positive for COVID-19 (or had symptoms of COVID-19) can return to work without placing other employees at risk. The Centers for Disease Control (“CDC”) recently updated its Interim Guidance which addresses when employees may discontinue social isolation and return to work. See https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-home-patients.html.

Here’s what the CDC says:

Employees who experienced symptoms of COVID-19 (who may or may not have confirmed such diagnosis with a positive COVID-19 test) and who were directed to care for themselves at home may return to work once:

• At least 10 days have passed since symptom onset; and

• At least 24 hours have passed since the resolution of fever without the use of fever-reducing medications; and

• Other symptoms have improved.

Employees who never experienced COVID-19 symptoms but know they have it because of a positive COVID-19 test may return to work 10 days after the date of their first positive RT-PCR test. 

Interestingly, the CDC no longer recommends using a test-based strategy (i.e., requiring someone test negative twice) to determine when employees can discontinue their social isolation and return to work. The test-based strategy requires negative results using a specified test (the RT-PCR test) using two consecutive respiratory specimens collected 24 hours apart. In theory, the test-based strategy could shorten the length of time an employee must remain isolated; however, in reality, the delays associated with getting and obtaining two negative test results from samples collected 24 hours apart would not meaningfully shorten the period of isolation.

As with all other COVID-19 issues, employers facing questions of when employees can return to work should consult the most current CDC guidance. The CDC guidance is regularly updated and can sometimes change twice within the same week. Since this is a rapidly changing area, we will continue to provide updates when we have them. Please reach out to your Client Experience Manager with any questions.

1 Please note that this only applies to non-health care employees. 

2 If an employee has severe illness, they may be contagious beyond this 10-day window, which the CDC notes may warrant extending the social isolation period to 20 days after symptom onset.

This article is for informational purposes only and should not be considered legal advice. Please consult with your legal counsel regarding any specific situation, particularly given that this is a new statute without implementing regulations at this time.

Written by Christie Newkirk and Shelby Taylor from Diamond McCarthy.