Managing Employee COVID-19 Cases in the Workplace: Obligations and Guidelines

Question: We are starting to have an increase in employees testing positive for COVID. What are our obligations? Can we have them report to work if they wear a mask?

Answer: COVID-19 cases are on the rise again but, fortunately, expectations are that we will not experience the pandemic levels from a couple of years ago. Between people who are vaccinated and/or have had COVID in the past along with the advancement in treatment and general knowledge about the virus, there is no expectation of lock-downs, vaccination requirements.

However, since COVID is extremely contagious and can make some people critically ill, the CDC still requires a quarantine and isolation period. Anyone testing positive for COVID (with or without symptoms) must isolate for at least 5 days. If after that time the symptoms have mostly resolved, the person can end isolation but must wear a high-quality mask around others for the next 5 days. Anyone who is still very ill after 5 days should continue isolation until they feel better and for at least 10 days. If, shortly after ending isolation, the symptoms reappear, the person must start isolation again.

In the workplace this means that you cannot have someone who has recently tested positive for COVID in the workplace, masked or not. Doing so puts others at risk and, by violating the CDC's guidelines, would put the liability on you. If, after 5 days the person feels good enough to return, you must require them to wear a mask for the next 5 days for the same reason.

Be sure to properly pay employees under current COVID or sick pay laws if your state has them in place.