The Test Out Option and Amendments to the Travel Advisory Effective November 4, 2020

Governor Andrew M. Cuomo recently announced that effective Wednesday, November 4, 2020, there are new guidelines allowing out-of-state travelers to New York to “test out” of the mandatory 14-day quarantine. Essential workers will continue to be exempt. However, international travelers may not participate in the “test out” option.


The mandatory quarantine now applies to travel in ALL states except for New York and its contiguous states. Travelers from states that are contiguous with New York, such as New Jersey, Connecticut, Massachusetts, Vermont, and Pennsylvania, will continue to be exempt from the travel advisory; however, such travelers must continue to fill out the Traveler Health Form, which is found here: https://coronavirus.health.ny.gov/covid-19-travel-advisory#traveler-health-form


The New Guidelines to Test-Out of the Mandatory 14-Day Quarantine:

1. For travelers who were in another state for more than 24 hours:

  • Travelers must obtain a test within three (3) days of departure from that state. If this element is not met, then the traveler may not “test out” of the mandatory 14-day quarantine since this element is crucial to contact tracing.

  • The traveler must, upon arrival in New York, quarantine for three (3) days.

  • On day four (4) of their quarantine, the traveler must obtain another COVID test.

  • If both tests come back negative, the traveler may exit quarantine early upon receipt of the second negative diagnostic test.


2. For travelers who were in another state for less than 24 hours:

  • The traveler does not need a test prior to their departure from the other state and does not need to quarantine upon arrival in New York State.

  • However, the traveler must fill out our traveler form upon entry into New York State, and take a COVID diagnostic test 4 days after their arrival in New York.


We previously issued two legal briefings addressing Executive Order 205, which required individuals to quarantine for 14 days after traveling for 24 hours or longer within designated states that have significant rates of transmission of COVID-19. Our prior legal briefings are found here:


https://www.lawpf.com/post/executive-order-205-self-quarantine-requirement-and-its-impact-on-employers


https://www.lawpf.com/post/executive-order-205-employees-who-quarantine-for-travel-advisory-are-not-entitled-to-paid-sick-leave


We recommended employers create an “interim” travel policy to enable full disclosure of whether employees are traveling to the restricted states and to prohibit such travel if possible, for the health and welfare of fellow employees. Employers should now update their policies to reflect the recent changes to the executive order.


The full guidance on the COVID-19 Travel Advisory, including details on the precautionary quarantine requirements, exemptions for essential workers, the ineligibility for paid sick leave scenarios and frequently asked questions may be found here:

https://coronavirus.health.ny.gov/covid-19-travel-advisory#traveler-health-form


Our Firm has extensive experience counseling employers and businesses on employee and labor law issues, and preparing applicable employee policies, particularly relating to the evolving regulations during the COVID-19 pandemic. If you have any questions related to this Legal Briefing or questions related to COVID-19 reopening rules and procedures, please contact any member of our Firm at 585-730-4773.

For more COVID-19 Legal Updates, please visit our resource page.


This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2020 Law Offices of Pullano & Farrow PLLC

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