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New CDC Isolation Guidance and Employee Leave Considerations
Mar 29, 2024
Highlights
- The CDC has dropped the five-day isolation recommendation for COVID-19-positive individuals.
- People are now advised to stay home until they have been fever-free for 24 hours and symptoms are improving.
- Not all COVID-19-specific employee leave laws have expired.
- Federal and state family and medical leave laws, and state and local sick leave laws, will often apply to employees with COVID-19.
Important Date
- March 1, 2024: The CDC revised its isolation recommendations for people with COVID-19.
The Centers for Disease Control and Prevention’s (CDC) new guidance that individuals no longer need to isolate from work for five days following a positive COVID-19 test may raise questions with employers about what leave they are required to provide to employees with the virus.
The revised guidance, issued March 1, 2024, advises that people who are sick with COVID-19 or another respiratory virus stay home and away from others. However, isolation is not necessary if an individual with COVID-19 has been fever-free for at least 24 hours without medication and their symptoms are improving. The guidance states that the period people should stay home and away from others could be shorter, the same or longer than the previous guidance for COVID-19 isolation. The new guidance is not applicable to health care settings, which have their own CDC recommendations.
From an employee leave perspective, employers should note that while most COVID-19-specific employee leave laws have expired, some—like New York state’s—are still in effect. Moreover, state and local paid sick leave laws that are not specific to COVID-19 apply to illness generally, including for a worker experiencing COVID-19 symptoms like fever. Some of these laws have specific provisions concerning communicable disease.
In addition, sick workers may be eligible for leave for their own illness or to care for an ill family member under the federal Family and Medical Leave Act or similar state family and medical leave laws.
Action Steps
Employers should familiarize themselves with any remaining state or local COVID-19 leave laws that apply to them. They should also ensure compliance with non-COVID-19 federal, state and local leave law mandates, as they may apply to workers with COVID-19.
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The recently enacted New York budget for fiscal year 2024-25 includes provisions mandating paid prenatal leave for the state’s workers, beginning Jan. 1, 2025, and repealing the New York COVID-19 sick leave law, effective July 31, 2025. Paid Prenatal Personal Leave The budget amends the state sick leave law by adding what is being touted as a first-in-the-nation requirement that all employers provide their employees with 20 hours of paid prenatal personal leave per 52-week period, starting Jan. 1, 2025. The amendment does not require employees to accrue the new leave, nor does it impose a waiting period before employees may use the leave; the full 20 hours must be made available on Jan. 1, 2025. Employees on leave must be paid their regular rate of pay or minimum wage if the applicable minimum wage is higher; however, employers are not required to pay out unused prenatal personal leave when an employee separates from employment. Permitted Uses of Prenatal Personal Leave Prenatal personal leave may be taken for health care services received by an employee during their pregnancy or related to the pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. The new provisions do not require advance notification or documentation after the fact for using leave. Interaction With Paid Sick Leave and FMLA Leave The new requirement is in addition to the annual sick leave the law already mandates, which ranges from 40-56 hours and may be paid or unpaid, depending on the employer’s size and income. The amendment does not indicate that the leave runs concurrently with any federal Family and Medical Leave Act (FMLA) leave taken for prenatal care, meaning the state prenatal personal leave would be in addition to any FMLA leave taken for this purpose. Sunset Date for COVID-19 Leave The budget also establishes July 31, 2025, as the expiration date for New York’s COVID-19 employee sick leave law . The law took effect at the beginning of the COVID-19 pandemic, on March 18, 2020, and requires leave of up to 14 days, depending on the size and income of the employer. As with the regular sick leave law, whether leave must be paid also depends on the size and income of the employer. The sunsetting of the law comes in the wake of expired states of emergency and changed recommendations for isolation and quarantine. Steps for Employers New York employers should prepare for the start of paid prenatal personal leave in January 2025 and watch for any agency regulations and guidance implementing the new leave entitlement. Employers should also train managers and supervisors about the new requirements and make sure employee policies and handbooks are up to date. Employers should continue to allow COVID-19 sick leave when it applies and keep in mind that other leave requirements, such as paid sick leave, may allow employees to take time off from work for illness, including COVID-19.
On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a final rule that would ban noncompete agreements in virtually all employment relationships. The final rule has not yet been filed in the Federal Register, but is scheduled to take effect 120 days after such filing. Final Rule The final rule defines a noncompete clause as a term or condition of employment that prohibits a worker from, penalizes a worker for or functions to prevent a worker from: (i) Seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) Operating a business in the United States after the conclusion of the employment that includes the term or condition. Such terms or conditions include employee contracts or workplace policies, whether written or oral. Subject to very limited exceptions, the final rule provides that: The use of noncompete clauses will be banned as of the effective date; Any existing noncompete clauses (other than those entered into with senior executives) will be invalidated; Employers must notify all employees (other than senior executives whose existing noncompete agreements will remain enforceable) that their existing noncompete agreements will not be enforced. Currently, the enforceability of noncompete clauses is determined by state and local legislatures and courts. The FTC rule would instead govern the enforceability of noncompete clauses at the federal level and supersede any less restrictive state laws or judicial interpretations. Legal Challenges On April 24, 2024, the U.S. Chamber of Commerce sued the FTC, seeking to block the final rule. The complaint was filed in the U.S. District Court for the Eastern District of Texas and argues that the FTC lacks the authority to issue rules that define unfair methods of competition. Additional legal challenges are likely, so employers should monitor for updates and anticipate potential uncertainty in the coming months. Next Steps for Employers Employers may consider reviewing existing employee agreements or form agreements (such as new hire paperwork) to determine whether any contain noncompete clauses that would be invalidated under the rule. Employers may also begin preparing revisions to such agreements and consider whether to use alternatives to noncompete clauses (e.g., nondisclosure clauses) to protect competitive business information.
You likely have heard about the upcoming 2024 total solar eclipse. In the United States, Mexico and Canada, the solar eclipse will take place today: Monday, April 8, 2024. You may have questions about when it will occur, where you can see it and how to view it safely. If you are planning to view the solar eclipse, safety should be the number one priority. This article provides information about the 2024 solar eclipse, including how to stay safe and how you can learn more. The details provided are compiled from the National Aeronautics and Space Administration (NASA). What Is a Total Solar Eclipse? A total solar eclipse happens when the moon passes between the sun and Earth, completely blocking the face of the sun. People viewing the eclipse from locations where the moon’s shadow completely covers the sun, known as the path of totality, will experience a total solar eclipse. The sky darkens, similar to a normal dawn or dusk. The 2024 total solar eclipse will only last for two to four minutes, depending on the viewer’s location. However, the full experience will last over an hour from the initial partial eclipse to the conclusion of the event. If weather allows, viewers along the path of totality will see the sun’s corona, or outer atmosphere, which is usually obscured by the face of the sun. Where Can I See the Total Solar Eclipse? In the United States, the path of the solar eclipse will extend from Texas to Maine, crossing through Oklahoma, Arkansas, Missouri, Illinois, Kentucky, Indiana, Ohio, Pennsylvania, New York, Vermont and New Hampshire. Depending on your location , the total eclipse will take place between 12:23 p.m. and 3:02 p.m. CDT and between 1:59 p.m. and 4:40 p.m. EDT. An estimated 31.6 million people live in the path of totality this year, and an additional 150 million people live within 200 miles of the path of totality. Millions more are expected to travel to prime viewing locations over the weekend. Even if you don’t live directly on the path of totality, you may be able to see a partial eclipse. NASA estimates that 99% of people in the country will be able to see a partial or total eclipse from where they live. The solar eclipse will also be viewable online. NASA will be showing a live stream on Monday, April 8, from 1-4 p.m. EDT. The live stream will be available for viewing here . Is This Different Than the Solar Eclipse That Happened in 2017? The total solar eclipse that took place on Aug. 21, 2017, and this year’s total solar eclipse are similar events. However, the path of the 2017 eclipse was narrower than what will take place during the 2024 total solar eclipse. On April 8, 2024, the total solar eclipse will be visible to more people in the United States and last longer. How Often Does a Total Solar Eclipse Happen? Total solar eclipses happen, on average, once every 18 months across the globe. In North America, a total solar eclipse occurs only six times between 2001 and 2050. After the 2024 solar eclipse, there will be one that is viewable from some parts of Alaska in 2033. A total solar eclipse will be viewable by some northwestern states in 2044, followed by one that broadly reaches the U.S. in 2045. How Can I Stay Safe? During the total solar eclipse, looking directly at the sun without specialized eye protection for solar viewing is not safe. According to NASA, the exception is during the brief total phase of a total solar eclipse, when the moon completely blocks the sun. Here are safety tips to consider: Avoid looking at the sun directly. Viewing any part of the sun through a camera lens, binoculars or a telescope without a special-purpose solar filter secured over the front of the optics will instantly cause severe eye injury. Use safety protection. When watching the partial phases of the solar eclipse—which happens before and after totality—directly with your eyes, you must always look through safe solar viewing glasses (“eclipse glasses”) or a safe handheld solar viewer. You can also use an indirect viewing method, such as a pinhole projector. Learn more about safe solar viewers and filters here . Don’t use viewing devices that are not approved for use during the solar eclipse. Use only approved devices. NASA specifically advises against wearing standard sunglasses during the solar eclipse. Wear sunscreen. If you are outside for hours, you may be subject to ultraviolet rays from the sun. It’s important to properly apply SPF for your skin safety. Prepare for large crowds. If you are viewing the eclipse in or near any city on the path of totality, you should expect more traffic and crowds than normal. Plan ahead for longer transportation times and bring water and anything else you’ll need to stay comfortable. There are ways to experience this event while staying safe. NASA provides more information about safety during the total solar eclipse. Learn More If you plan on viewing this event, create a plan to prepare for and stay safe during the total solar eclipse. This is a once-in-a-lifetime experience for many viewers, but it can create safety risks for participants who don’t take precautions. Check out resources from NASA’s website to learn more.
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The recently enacted New York budget for fiscal year 2024-25 includes provisions mandating paid prenatal leave for the state’s workers, beginning Jan. 1, 2025, and repealing the New York COVID-19 sick leave law, effective July 31, 2025. Paid Prenatal Personal Leave The budget amends the state sick leave law by adding what is being touted as a first-in-the-nation requirement that all employers provide their employees with 20 hours of paid prenatal personal leave per 52-week period, starting Jan. 1, 2025. The amendment does not require employees to accrue the new leave, nor does it impose a waiting period before employees may use the leave; the full 20 hours must be made available on Jan. 1, 2025. Employees on leave must be paid their regular rate of pay or minimum wage if the applicable minimum wage is higher; however, employers are not required to pay out unused prenatal personal leave when an employee separates from employment. Permitted Uses of Prenatal Personal Leave Prenatal personal leave may be taken for health care services received by an employee during their pregnancy or related to the pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. The new provisions do not require advance notification or documentation after the fact for using leave. Interaction With Paid Sick Leave and FMLA Leave The new requirement is in addition to the annual sick leave the law already mandates, which ranges from 40-56 hours and may be paid or unpaid, depending on the employer’s size and income. The amendment does not indicate that the leave runs concurrently with any federal Family and Medical Leave Act (FMLA) leave taken for prenatal care, meaning the state prenatal personal leave would be in addition to any FMLA leave taken for this purpose. Sunset Date for COVID-19 Leave The budget also establishes July 31, 2025, as the expiration date for New York’s COVID-19 employee sick leave law . The law took effect at the beginning of the COVID-19 pandemic, on March 18, 2020, and requires leave of up to 14 days, depending on the size and income of the employer. As with the regular sick leave law, whether leave must be paid also depends on the size and income of the employer. The sunsetting of the law comes in the wake of expired states of emergency and changed recommendations for isolation and quarantine. Steps for Employers New York employers should prepare for the start of paid prenatal personal leave in January 2025 and watch for any agency regulations and guidance implementing the new leave entitlement. Employers should also train managers and supervisors about the new requirements and make sure employee policies and handbooks are up to date. Employers should continue to allow COVID-19 sick leave when it applies and keep in mind that other leave requirements, such as paid sick leave, may allow employees to take time off from work for illness, including COVID-19.
On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a final rule that would ban noncompete agreements in virtually all employment relationships. The final rule has not yet been filed in the Federal Register, but is scheduled to take effect 120 days after such filing. Final Rule The final rule defines a noncompete clause as a term or condition of employment that prohibits a worker from, penalizes a worker for or functions to prevent a worker from: (i) Seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) Operating a business in the United States after the conclusion of the employment that includes the term or condition. Such terms or conditions include employee contracts or workplace policies, whether written or oral. Subject to very limited exceptions, the final rule provides that: The use of noncompete clauses will be banned as of the effective date; Any existing noncompete clauses (other than those entered into with senior executives) will be invalidated; Employers must notify all employees (other than senior executives whose existing noncompete agreements will remain enforceable) that their existing noncompete agreements will not be enforced. Currently, the enforceability of noncompete clauses is determined by state and local legislatures and courts. The FTC rule would instead govern the enforceability of noncompete clauses at the federal level and supersede any less restrictive state laws or judicial interpretations. Legal Challenges On April 24, 2024, the U.S. Chamber of Commerce sued the FTC, seeking to block the final rule. The complaint was filed in the U.S. District Court for the Eastern District of Texas and argues that the FTC lacks the authority to issue rules that define unfair methods of competition. Additional legal challenges are likely, so employers should monitor for updates and anticipate potential uncertainty in the coming months. Next Steps for Employers Employers may consider reviewing existing employee agreements or form agreements (such as new hire paperwork) to determine whether any contain noncompete clauses that would be invalidated under the rule. Employers may also begin preparing revisions to such agreements and consider whether to use alternatives to noncompete clauses (e.g., nondisclosure clauses) to protect competitive business information.
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