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Governor Revises Order Related to Symptomatic and Potentially Exposed Employees

After a week of requests to revisit confusing and unworkable elements of an Executive Order (E.O.) intended to protect workers who stay home when they or their close contacts are sick, the Governor rescinded and replaced the E.O. today, effective immediately.  The new E.O. updates the definition of the “principal symptoms” of COVID-19.

The new E.O. (2020-172) specifies:

  • An employer shall not discharge, discipline, or otherwise retaliate against an employee for staying home when he or she is at particular risk of infecting others with COVID-19. To effectuate that policy:
    • Employers are prohibited from discharging, disciplining, or otherwise retaliating against an employee for staying home from work for the required isolation period.
    • Employers, regardless of size/type, must treat such an employee as if he or she were taking medical leave under the Paid Medical Leave Act.
    • To the extent that the employee has no paid leave, the leave may be unpaid.
    • Employers are permitted to debit any hours that an employee stays home from work from the employee’s accrued leave.
  • Any and all individuals who test positive for COVID-19 or who display the principal symptoms of COVID-19 should (apart from seeking medical care) remain in their home or place of residence until:
    • 24 hours have passed since the resolution of fever without the use of fever reducing medications;
    • 10 days have passed since their symptoms first appeared or since they were swabbed for the test that yielded the positive result; and
    • other symptoms have improved.
  • Any and all people who have had close contact with an individual who tests positive for COVID-19 or with an individual who displays the principal symptoms of COVID-19 should remain in their home or place of residence (apart from seeking medical care) until either:
    • 14 days have passed since the last close contact with the sick or symptomatic individual; or
    • The individual displaying COVID-19 symptoms receives a negative COVID-19 test.

*Note: This provision does not apply to the following classes of workers, provided that their employers’ rules governing occupational health allow them to go to work: health care professionals, workers at a health care facility, first responders, child protective service employees, workers at  child caring institutions, workers at adult foster care, workers at correctional facilities.

  • Individuals with a suspected or confirmed COVID-19 infection or who have had close contact with such an individual (i.e. individuals described above) should leave the home or place of residence only:
    • To the extent absolutely necessary to obtain food, medicine, medical care, or supplies that are needed to sustain or protect life, where such food, medicine, medical care, or supplies cannot be obtained via delivery. All food, medicine, and supplies should be picked up at the curbside to the fullest extent possible.
    • To engage in outdoor activity, including walking, hiking, running, cycling, or any other recreational activity consistent with remaining at least six feet from people from outside their household.

The E.O. defines “The principal symptoms of COVID-19” as any one of the following not explained by a known medical or physical condition: fever, an uncontrolled cough, shortness of breath; or at least two of the following not explained by a known medical or physical condition: loss of taste or smell, muscle aches (“myalgia”), sore throat, severe headache, diarrhea, vomiting, abdominal pain.

The E.O. replaces E.O. 2020-166 and goes into effect immediately (8/27/20).

After a week of requests to revisit confusing and unworkable elements of an Executive Order (E.O.) intended to protect workers who stay home when they or their close contacts are sick, the Governor rescinded and replaced the E.O. today, effective immediately.  The new E.O. updates the definition of the “principal symptoms” of COVID-19.

The new E.O. (2020-172) specifies:

  • An employer shall not discharge, discipline, or otherwise retaliate against an employee for staying home when he or she is at particular risk of infecting others with COVID-19. To effectuate that policy:
    • Employers are prohibited from discharging, disciplining, or otherwise retaliating against an employee for staying home from work for the required isolation period.
    • Employers, regardless of size/type, must treat such an employee as if he or she were taking medical leave under the Paid Medical Leave Act.
    • To the extent that the employee has no paid leave, the leave may be unpaid.
    • Employers are permitted to debit any hours that an employee stays home from work from the employee’s accrued leave.
  • Any and all individuals who test positive for COVID-19 or who display the principal symptoms of COVID-19 should (apart from seeking medical care) remain in their home or place of residence until:
    • 24 hours have passed since the resolution of fever without the use of fever reducing medications;
    • 10 days have passed since their symptoms first appeared or since they were swabbed for the test that yielded the positive result; and
    • other symptoms have improved.
  • Any and all people who have had close contact with an individual who tests positive for COVID-19 or with an individual who displays the principal symptoms of COVID-19 should remain in their home or place of residence (apart from seeking medical care) until either:
    • 14 days have passed since the last close contact with the sick or symptomatic individual; or
    • The individual displaying COVID-19 symptoms receives a negative COVID-19 test.

*Note: This provision does not apply to the following classes of workers, provided that their employers’ rules governing occupational health allow them to go to work: health care professionals, workers at a health care facility, first responders, child protective service employees, workers at  child caring institutions, workers at adult foster care, workers at correctional facilities.

  • Individuals with a suspected or confirmed COVID-19 infection or who have had close contact with such an individual (i.e. individuals described above) should leave the home or place of residence only:
    • To the extent absolutely necessary to obtain food, medicine, medical care, or supplies that are needed to sustain or protect life, where such food, medicine, medical care, or supplies cannot be obtained via delivery. All food, medicine, and supplies should be picked up at the curbside to the fullest extent possible.
    • To engage in outdoor activity, including walking, hiking, running, cycling, or any other recreational activity consistent with remaining at least six feet from people from outside their household.

The E.O. defines “The principal symptoms of COVID-19” as any one of the following not explained by a known medical or physical condition: fever, an uncontrolled cough, shortness of breath; or at least two of the following not explained by a known medical or physical condition: loss of taste or smell, muscle aches (“myalgia”), sore throat, severe headache, diarrhea, vomiting, abdominal pain.

The E.O. replaces E.O. 2020-166 and goes into effect immediately (8/27/20).