Can I require an employee who previously tested positive for COVID-19 to submit a negative COVID-19 test result before returning to work?

No. The California Division of Occupational Safety and Health's (Cal/OSHA’s) new COVID-19 Temporary Emergency Standard, effective November 30, 2020, details return-to-work criteria based largely on the Centers for Disease Control and Prevention (CDC) recommendations at the time the standard was drafted and it specifically says that “[a] negative COVID-19 test shall not be required for an employee to return to work.”

For more information on Cal/OSHA’s new COVID-19 emergency standard, review the following guidance: