COVID in the Workplace, HR & Practice Management
All you need to know from CDC Guidance, to COVID-19 in the Workplace, to an Office Safety Marketing toolkit.
(Reviewed March 1, 2023)
Effective February 2022, the NYS Department of Health has updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to SARS-CoV-2.
The following chart identifies scenarios and which guidelines to follow. Notwithstanding official designations by a governmental body, private dental offices may decide if the staffing shortages they are facing are "conventional," "contingency" or "crisis."
Work Restrictions for Healthcare Personnel | ||||
| Vaccination status | Conventional | Contingency | Crisis |
Infected | Boosted, fully vaccinated | CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving | NYSDOH Shortening Isolation: 5 days, asymptomatic or mildly symptomatic and improving | Facilities contact NYSDOH and follow CDC Crisis Strategies |
UN-boosted, fully vaccinated | CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving | NYSDOH Shortening Isolation: 5 days, asymptomatic or mildly symptomatic and improving | Facilities contact NYSDOH and follow CDC Crisis Strategies | |
Not fully vaccinated | CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving | CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving | Facilities contact NYSDOH and follow CDC Crisis Strategies | |
Exposed | Boosted, fully vaccinated | CDC Conventional Strategies: No work restrictions, negative test on days 2 and 5-7 | CDC Contingency Strategies: No work restrictions | CDC Crisis Strategies: No work restrictions |
UN-boosted, fully vaccinated | CDC Conventional Strategies: 10 days, or 7 days with negative test | CDC Contingency Strategies: No work restrictions with negative tests on days 1, 2, 3, and 5-7 | CDC Crisis Strategies: No work restrictions (test if possible). Facilities contact NYSDOH if unable to test. | |
Not fully vaccinated | CDC Conventional Strategies: 10 days, or 7 days with negative test | CDC Contingency Strategies: No work restrictions with negative tests on days 1, 2, 3, and 5-7 | CDC Crisis Strategies: No work restrictions (test if possible). Facilities contact NYSDOH if unable to test. | |
COVID-19 in the Workplace
Guidance for DHCP with a COVID-19 Exposure OR a Positive COVID-19 Test
Effective September 2022, the CDC has updated its Interim Guidance for Managing Healthcare Personnel with SARS-CoV-2 Infection or Exposure to SARS-CoV-2. DHCP determined to have experienced an exposure to COVID-19 or have a confirmed COVID-19 positive infection, should follow the guidelines outlined in the CDC document.
Office Safety, HR, and Practice Management
New York Paid Leave for COVID-19
COVID-19 has created varying situations for families at home and at work. The Families First Coronavirus Response Act (FFCRA or Act) expired December 31, 2020. New York State has its own leave for COVID-19.
New York State COVID-19 Paid Sick Leave Legislation
The New York legislation, which took effect immediately upon former Governor Cuomo’s signature on March 18, 2020, as Chapter 25 of the Laws of 2020, guarantees leave to employees who are subject to a mandatory or precautionary order of quarantine or isolation issued by the State of New York, the New York State Department of Health, a local board of health, or any other authorized governmental entity due to COVID-19. View specifications of the law:
Before You Establish a Vaccine Mandate in Your Practice, Be Sure You Know the Facts and are Following the Law
(Reviewed May 15, 2023)
Please note: NYSDA cannot advise members about their patient intake policies and preferred employment practices. Seek guidance from your personal attorney on your particular circumstances.
The U.S. Equal Employment Opportunity Commission (EEOC) has issued guidance for employers on office policies in relation to the novel coronavirus (COVID-19) pandemic. The EEOC notes that while mandatory COVID-19 employee vaccination policies are permissible, there are many legal considerations that must be addressed properly. Dental employers wishing to implement a mandatory COVID-19 vaccination policy for employees should contact their attorney for help navigating the legal and liability issues involved. You can read the announcement and summary of the EEOC COVID-19 guidance.
Terminating someone who has a religious objection, disability or medical contraindication for not getting the vaccine can be deemed an illegal act of discrimination. You should always consult your own attorney before asserting non-vaccination as grounds for termination.
The New York State Division of Human Rights has set up a hotline for questions about discrimination issues related to COVID-19. The telephone number is: 1-888-392-3644.
Interviewing Potential Employees
It is prohibited to ask medical questions of any person you are interviewing for a job. Once you have made a conditional offer of a job, and prior to the offer being accepted, you can then ask about COVID-19 and vaccination status. The job offer can be withdrawn if the applicant’s answer is not acceptable to you as the employer. This is only applicable if the same process is followed for any applicant offered the same position.
You can advise applicants in advance that they will be asked about their vaccination status and that if an offer is made, the job offer would be conditional based on vaccination status.
Vaccination Status and Treating Patients
You can decide not to accept new patients who are not vaccinated as a general legal principle. However, be advised that New York State classifies COVID-19 as a disability for disability benefits purposes. This means that the state may treat COVID-19 the same way it treats HIV status and you cannot, as with HIV, turn away disabled patients or patients you perceive may be disabled. New York has not clarified the extent to which COVID-19 disability will be applied (making this an unsettled legal question), although the State Division of Human Rights mentions it prominently as a possible cause for racial and national origin discrimination. U.S. Equal Employment Opportunity Commission (EEOC) now also recognizes COVID-19 as a disability, which brings the Americans with Disabilities Act and other federal civil rights law into consideration. Consult with your malpractice insurer and attorney before implementing any policy about refusing to accept unvaccinated patients.
For existing patients, you will need to consider that turning them away may create situations of abandonment or neglect. NYSDA strongly advises that you consult with your malpractice carrier and personal attorney.
Not sure where to start? The New York State Dental Association offers a panel of attorneys and law firms to whom NYSDA members can go for legal advice on dental matters. The attorneys have a minimum of five (5) years experience in handling specific dental matters and agree to provide an initial consultation free of charge to NYSDA members and give a 10% discount off their usual fees.
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Public and private employees granted time off to receive the COVID-19 vaccination (Legislation S.2588-A/A.3354-B)
On March 12, 2021, former Governor Andrew Cuomo signed legislation granting public and private employees time off to receive the COVID-19 vaccination. This legislation was effective immediately.
Under this new law, employees are granted up to four hours of excused leave per injection that will not be charged against any other leave the employee has earned or accrued.
