If you’re thinking about a trip out of state for Thanksgiving or any of December’s holidays, here’s what to keep in mind.
New York state’s updated travel protocols are simpler than what had been in play, but they’re still a lot to take in. The updates eliminate what had been a long list of states (43 at last count) where quarantine was mandatory when returning to New York.
Attorneys James Grasso, partner at Phillips Lytle LLP, and Christopher Maugans, associate at Goldberg Segalla, explain what’s at stake for employers and employees.
Short-term travel
Travelers who visit states that are not contiguous to New York for 24 hours or less, no matter the distance, are no longer required upon their return to quarantine for any length of time. Short-term travelers in these instances, however, are required to complete a form issued by the state Department of Health and must take a Covid-19 test on the fourth day of their return.
The form can be downloaded here.
“For neighboring states, they’re not imposing any restrictions,” Maugans said.
Grasso said there is no distinction between business travel or personal/recreational travel.
Long-term travel
Travelers who head to states that are not contiguous to New York for longer than 24 hours must adhere to a different set of rules.
They must test negative for Covid-19 within three days of leaving on the trip. A quarantine period of 14 days is required upon returning, as is completion of the form. On the fourth day of quarantine, if travelers receive a negative test result, they can leave quarantine. A positive test requires a 14-day quarantine.
“Whichever bucket you’re falling into here, you’re still supposed to fill the form out,” Maugans said. “It doesn’t matter if you’re coming in on plane or on a train or a bus; everyone is still supposed to fill out this form.”
Essential workers
Workers at entities the state deemed essential at the onset of the pandemic are exempt from travel restrictions if they’re traveling to a contiguous state, as are first responders.
“It covers any employee who works for an essential employer, regardless of duties, position, etc. – everybody from the maintenance workers up to the CEO would be considered essential employees for purposes of being exempt from the travel advisory,” Grasso said.
However, there are protocols to be followed depending on the length of a trip that are outlined in the state guidance.
“The guidance explains that, due to the sensitivity of these congregate settings, the essential employee exemption is not going to apply to them,” he said.
Grasso said the updates allow people to plan.
“People now know beforehand they need to make arrangements to be tested three days before they leave, and then four days after they get home,” he said.
Employee and employer responsibilities
Grasso said employers are not required to have employees inform them about travel plans.
“If someone does travel out of state, the employer is then following up to make sure the employee has followed the travel advisory,” he said. “Once the employer is on notice that the employee is supposed to quarantine, then they have an obligation to do something to keep everyone else in the workplace safe.”
The new rules took hold Nov. 4 and are in place indefinitely. Violations could lead to a fine of up to $10,000.
“This is going to be the rule of the land until further notice,” Maugans said.
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