Employer Alert: Governor Baker Issues Updated Travel Order
July 28, 2020
On July 24, 2020, Governor Baker issued COVID-19 Order No. 45 (the “Order”) amending the Commonwealth’s previous travel advisory. Effective August 1, any person arriving in Massachusetts is required to self-quarantine for 14 days, unless they meet one of the Order’s limited exceptions. Unlike the previous travel advisory, this Order empowers the Commonwealth to issue $500 civil fines for each violation of the Order or associated guidanceissued by the Department of Public Health (“DPH”). The following summarizes relevant information for employers whose workforce may be impacted by the Order.
Who is subject to the mandatory quarantine?
Anyone arriving in Massachusetts (whether a resident or non-resident) is required to quarantine for 14 days unless the person:
Is coming from a state designated as a lower-risk COVID-19 state and, aside from transitory travel, has only been present in designated lower-risk states or jurisdictions during the last 14 days. Currently, lower-risk COVID-19 states include Connecticut, New Hampshire, Rhode Island, Vermont, Maine, New York, New Jersey, and Hawaii.
Note: Effective Friday, August 7, Rhode Island will no longer be listed as a lower-risk state.
Has received a negative test result for COVID-19 from a test performed on a sample taken not longer than 72 hours before the person’s arrival in Massachusetts and can produce proof of the negative test result on request.
Is traveling through Massachusetts only in the course of transit to another location. This exception only applies to the time reasonably required for the person to complete their transit, make any necessary travel connection, or make use of travel services such as a highway rest stop.
Resides in Massachusetts and must regularly commute to a fixed place of work or school outside of Massachusetts or resides outside of Massachusetts and must commute into the state for work or school. This exception only extends to travel between the person’s residence and place of work or school.
Must travel to Massachusetts to seek or receive specialized medical care from a physician located in Massachusetts. This includes any persons accompanying and providing needed support to the patient.
Is required to travel to Massachusetts at the order or directive of a federal or state military authority.
Enters Massachusetts to perform a critical infrastructure function. “Critical infrastructure function” refers to work performed by critical infrastructure workers as described in the Federal Cybersecurity and Infrastructure Security Agency memorandum available here. This exception only applies when the person is actively engaged in performing that critical function: at all other times, they will be required to comply with the Order.
A person who does not qualify for one of the exceptions listed above will be released from the quarantine requirement if they obtain a negative test result for COVID-19 from a test administered after their arrival in Massachusetts.
Is there anything I must do once I arrive in Massachusetts to certify my compliance with the Order?
All individuals over the age of 18 and unaccompanied minors entering Massachusetts, who are required to quarantine upon arrival (or are not required to quarantine because they can produce proof of a negative COVID-19 test result), must complete the Massachusetts Travel Form prior to or upon entering Massachusetts.
What does quarantine entail?
On July 24, the DPH issued quarantine requirements for travelers who do not qualify for one of the exemptions described above. Among other requirements, travelers:
Along with their travel party, must separate from all other people for 14 days and may not be in public or otherwise leave their identified living quarters. No one else should be in the living quarters other than those in the travel party, including hotel staff or delivery persons.
Must have a separate bathroom facility for each individual or family group, with access to a sink with soap, water, paper towels, and cleaning supplies (e.g. household cleaning wipes, bleach).
Must have a way to self-quarantine from other household members if a fever or other symptoms develop, in a separate room(s) with a door.
As an employer, should I restrict employee travel to states that are not designated as lower risk?
The Order explicitly says, “Employers are strongly discouraged from requiring or allowing business-related travel to destinations other than those appearing on the DPH list of COVID-19 lower-risk States.” The Order also states that employers who permit employer-paid or employer-reimbursed travel to states not on the lower-risk list should take measures to ensure their employees comply with the Order and should strongly discourage their employees from taking personal travel to such destinations.
In accordance with the Order, and as discussed in a previous alert, employers should consider revising their travel policies to prohibit or limit all non-essential business-related travel outside of designated COVID-19 lower-risk states. Employers must also decide how to address personal employee travel. Although employers may seek to prohibit employees from traveling outside of designated lower-risk states, a blanket prohibition may result in employees not disclosing their summer plans, which could result in a greater likelihood that these returning travelers could expose their co-workers to the virus when they return to work.
When deciding whether to prohibit or discourage travel outside of designated COVID-19 lower-risk states (whether for business or personal travel), employers should also consider whether their employees will be able to telework during the quarantine period: if telework is not feasible, employers should consider prohibiting travel to non-designated states, otherwise a one-week trip to a non-designated state could result in the employee being out of the workplace for three weeks.
If employers permit employees to travel outside of designated lower-risk COVID-19 states this summer, they must insist that they do not enter the workplace for 14 days after they return to Massachusetts. Employees who can work remotely should be permitted to do so. When revising their travel policies, employers may also include that failure to adhere to the Order and DPH guidance may subject the employee to discipline up to and including termination of their employment.
Will employees be eligible for emergency paid sick leave under the FFCRA if they are required to quarantine after out-of-state travel?
If the employee is unable to work remotely during the quarantine period, they may qualify for emergency paid sick leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) because they are subject to a state quarantine order that prevents them from working. This means that employees returning to Massachusetts from a state that is not designated as a COVID-19 lower risk state could be eligible to up to 80 hours of EPSL (assuming that the employee has not already exhausted their EPSL).
What happens if I do not self-quarantine?
A violation of the Order or DPH guidance may result in a civil fine of up to $500 per violation. Each day of failure to quarantine when required, and every other instance of non-compliance, may be treated as a separate violation and may result in a separate $500 civil fine.
Additional information regarding the Order is available here.
Stay tuned for future alerts on these developing issues. For assistance preparing your workplace to resume operations, contact Margaret H. Paget or Allyson Kurker at Kurker Paget LLC.
Alert revised 8/7/20.