On June 24, 2020, New York Governor Andrew Cuomo, New Jersey Governor Phil Murphy and Connecticut Governor Ned Lamont announced a Joint Incoming Travel Advisory that all individuals traveling from states with significant community spread of COVID-19 quarantine for 14 days. Each state has agreed to employ uniform parameters and continually update and publish on their respective websites a list of states to which the new advisory applies.
Here is a summary of New York State’s action in connection with the Joint Advisory.
In conjunction with the governors’ announcement, Governor Cuomo issued Executive Order 205, according to which, effective June 25, 2020, “all travelers entering New York from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days consistent with Department of Health regulations for quarantine.” Among other things, the Order directs the Commissioner of the Department of Health to issue a Travel Advisory and additional protocols as necessary, including for “essential workers.”
As set forth in the Commissioner’s Travel Advisory, issued pursuant to Executive Order 205, the following states meet the criteria for mandatory quarantine:
Significantly, the Travel Advisory restrictions do not apply to individuals passing though restricted states for a limited duration (less than 24 hours) through the course of travel.
Exceptions to the Travel Advisory are permitted for essential workers and are limited based on the duration of time in designated states, as well as the intended duration of time in New York. An “essential worker” is (1) any individual employed by an entity included on the Empire State Development Essential Business List; (2) certain health care workers and first responders, or (3) any other worker deemed such by the Commissioner of Health.
The commissioner of health has issued the following special protocols applicable to essential workers:
1. Short Term – for essential workers traveling to New York State for a period of less than 12 hours.
2. Medium Term – for essential workers traveling to New York State for a period of less than 36 hours, requiring them to stay overnight.
3. Long Term – for essential workers traveling to New York State for a period of greater than 36 hours, requiring them to stay several days.
Notably, essential workers and their employers must comply with DOH guidelines concerning returning to work after exposure to COVID-19, as well as any sector-specific guidance.
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