Fully vaccinated employees in California are generally no longer required to be excluded from the workplace if they have had COVID-19 exposure as long as they are asymptomatic, according to updated guidance from the Department of Industrial Relations (DIR).
Background:
In 2020, the DIR adopted emergency rules related to protecting workers from COVID-19, including a requirement for employers to exclude employees with COVID-19 exposure for a certain length of time.
On May 3, 2021, the California Department of Public Health (CDPH) issued its COVID-19 Public Health Recommendations for Fully Vaccinated People, which provide that fully vaccinated individuals who have had a COVID-19 exposure don't need to quarantine if they are asymptomatic.
New DIR Guidance:
Applying the CDPH's recommendations, the DIR has updated its guidance on the emergency rules to state that employers must exclude fully vaccinated employees only if they:
- Are COVID-19 cases; or
- Have had a COVID-19 exposure and exhibit COVID-19 symptoms.
This means that employers don't need to exclude fully vaccinated employees who had a COVID-19 exposure who are asymptomatic (and aren't considered a COVID-19 case), according to the guidance.
Under the CDPH's recommendations, individuals are considered fully vaccinated for COVID-19:
- Two weeks or more after they have received the second dose in a two-dose series (Pfizer-BioNTech or Moderna); or
- Two weeks or more after they have received a single-dose vaccine (Johnson and Johnson [J&J]/Janssen).
Note: The other requirements of the emergency rules still apply to fully vaccinated individuals, including mask wearing and social distancing.
Compliance Recommendations:
California employers should review the DIR's guidance in full, ensure compliance with the emergency rules, and continue to watch for developments as the DIR has proposed revisions to the emergency rules. Please contact your dedicated service professional with any questions.