He or she shall be vested with all of the powers of the appointing authority, and shall make a record of the hearing which shall, with his or her recommendation, be referred to the appointing authority for review and decision and which shall be provided to the affected employee free of charge. Such notice shall contain the reason for the proposed leave and the proposed date on which such leave is to commence, shall be made in writing and served in person or by first class, registered or certified mail, return receipt requested, upon the employee. The appointing authority will afford the employee a hearing within thirty days of the date of a request by the employee to be held by an independent hearing officer agreed to by the appointing authority and the employee except that where the employer is a city of over one million in population such hearing may be held by a hearing officer employed by the office of administrative trials and hearings. 72. Microsoft Edge. The appointing authority may either uphold the original proposed notice of leave of absence, withdraw such notice or modify the notice as appropriate. of Labor, 75 AD3d 707 [3d Dept 2010]). When in the judgment of an appointing authority an employee is unable to perform the duties of his or her position by reason of a disability, other than a disability resulting from occupational injury or disease as defined in the workers' compensation law, the appointing authority may require such employee to … An employee on such leave of absence shall be entitled to draw all accumulated, unused sick leave, vacation, overtime and other time allowances standing to his or her credit. I have a question about NYS Civil Service Law section 71. This section shall not be deemed to modify or supersede any other provisions of law applicable to the re-employment of persons retired from the public service on account of disability. The employee may be represented at any hearing by counsel or a representative of a certified or recognized employee organization and may present medical experts and other witnesses or evidence. This is FindLaw's hosted version of New York Consolidated Laws, Civil Service Law. Department of Civil Service . Establishment of redeployment lists in the state service; general provisions. New York Civil Service Law Sec. New York Consolidated Laws, Civil Service Law - CVS. Usually the employee must pass an examination open to the public for the title before transfer can be approved. Such additional compensation shall be at a rate established, subject to the terms of any agreement negotiated between the state and an employee organization pursuant to article fourteen of the civil service law, by the director of the budget. An employee shall be allowed ten working days from service of the notice to object to the imposition of the proposed leave of absence and to request a hearing. Public employers must know which employees these rules apply to and what the rules are. In this regard, petitioners' reference to General Construction Law section 58, which defines the term year to mean 365 days, in support of their claim that respondents misconstrued the intent of section 71, is misguided. Firefox, or If, upon such medical examination, such medical officer shall certify that such employee is physically and mentally fit to perform the duties of his or her position, he or she shall be reinstated to his or her position. We recommend using If such officer or employee is found guilty, a copy of the charges, his written answer thereto, a transcript of the hearing, and the determination shall be filed in the office of the department or agency in which he has been employed, and a copy thereof shall be filed with the civil service commission having jurisdiction over such position. Section 75 of the New York Civil Service Law establishes procedures for disciplining many governmental employees in the state. The employee shall be entitled to a reasonable period of time to obtain such representation. The final determination of the commission shall be binding on both the employee and the appointing authority;  provided, however, that an employee or appointing authority may seek review of a final determination of a commission in accordance with the provisions of article seventy-eight of the civil practice law and rules. The municipal civil service commission shall promulgate rules to implement this subdivision including rules which may provide adjunctive opportunities for displacement either to positions in direct line of promotion or to formerly held positions; provided, however, that no such rule shall permit an incumbent to displace any other incumbent having greater retention standing. If the parties are unable to agree upon a hearing officer, he or she shall be selected by lot from a list of persons maintained by the state department of civil service. An employee placed on leave pursuant to subdivision one of this section may, within one year after the date of commencement of such leave of absence, or thereafter at any time until his or her employment status is terminated, make application to the civil service department or municipal commission having jurisdiction over the position from which such employee is on leave, for a medical examination by a medical officer selected for that purpose by such department or commission. In May of this year my employer attempted to fire me under CSL 71 saying that I had been out … 1. WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and. Sorry, you need to enable JavaScript to visit this website. The law took effect immediately. Under Civil Service Law Section 50(4), the DCAS Commissioner or other examining agency may lawfully disqualify candidates: E X E C U T I V E O R D E R. Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency . The hearing officer shall not be an employee of the same appointing authority as the employee alleged to be disabled. If an employee placed on leave pursuant to this section is not reinstated within one year after the date of commencement of such leave, his or her employment status may be terminated in accordance with the provisions of The appointing authority may either uphold the original proposed notice of leave of absence, withdraw such notice or modify the notice as appropriate. Sections 71, 72 and 73 of New York State Civil Service Law all deal with aspects of employee incompetence. You may also wish to call your local pharmacy or county … Google Chrome, The appointing authority in the final determination shall notify the employee of his or her right to appeal from such determination to the civil service commission having jurisdiction in accordance with subdivision three of this section. An employee placed on leave of absence pursuant to this section shall be given a written statement of the reasons therefor. You can also now call the New York State Vaccination Hotline at 833-NYS-4VAX (833-697-4829). Such notice shall contain the reason for the proposed leave and the proposed date on which such leave is to commence, shall be made in writing and served in person or by first class, registered or certified mail, return receipt requested, upon the employee. 202.72. When in the judgment of an appointing authority an employee is unable to perform the duties of his or her position by reason of a disability, other than a disability resulting from occupational injury or disease as defined in the workers' compensation law, the appointing authority may require such employee to undergo a medical examination to be conducted by a medical officer selected by the civil service department or municipal commission having jurisdiction. No. Expand sections by using the arrow icons. Leave for ordinary disability. a. The Taylor Law (Public Employees’ Fair Employment Act) Civil Service Law, Article 14 (This is not the official legal edition of Civil Service Law, Article 14; that can be found in the Consolidated Laws … Such notice shall also inform the employee of his or her rights under this procedure. The employee shall be entitled to a reasonable period of time to obtain such representation. Use this page to navigate to all sections within Civil Service Law. Positions in the Unclassified Service other than those in the County Service which are part of the State Rules shall be listed in Appendix D of the Rules, and although listed separately, are considered a part hereto. An employee who is certified as not physically or mentally fit to perform the duties of his or her position and who is placed on leave of absence pursuant to subdivision one of this section, or who is denied reinstatement after examination pursuant to subdivision two of this section, may appeal from such determination to the state or municipal civil service commission having jurisdiction over his or her position. The request for such hearing shall be filed by the employee personally or by first class, certified or registered mail, return receipt requested. 1. Search New York Codes. NY Civil Service Law Section 72 allows a public employer to put an employee out on an involuntary disability leave because of an out of work disability that prevents the employee from doing his or her job. For more detailed codes research information, including annotations and citations, please visit Westlaw. Upon receipt of such request, the appointing authority shall supply to the employee, his or her personal physician or authorized representative, copies of all diagnoses, test results, observations and other data supporting the certification, and imposition of the proposed leave of absence shall be held in abeyance until a final determination is made by the appointing authority as provided in this section. On September 7, 2018, Governor Cuomo signed new legislation to extend the protection of Section 75 of the Civil Service Law to labor class employees. When in the judgment of an appointing authority an employee is unable to perform the duties of his or her position by reason of a disability, other than a disability resulting from occupational injury or disease as defined in the workers' compensation law, the appointing authority may require such employee to undergo a medical examination to be conducted by a medical officer selected by the civil service department or municipal commission having jurisdiction. from a civil division of the state to the state, or vice versa, provision shall be made for the transfer of necessary officers and employees who are substantially engaged in … When in the judgment of an appointing authority an employee is unable to perform the duties of his or her position by reason of a disability, other than a disability resulting from occupational injury or disease as defined in the workers' compensation law, the appointing authority may require such employee to undergo a medical examination to be conducted by a medical officer selected by the civil … § 64 Temporary Appointments 1. He or she shall be vested with all of the powers of the appointing authority, and shall make a record of the hearing which shall, with his or her recommendation, be referred to the appointing authority for review and decision and which shall be provided to the affected employee free of charge. Civil Service (CVS) 1. RULE 3. Sheeran v New York State Dept. Such notice shall also inform the employee of his or her rights under this procedure. SECTION 72 Leave for ordinary disability. The burden of proving mental or physical unfitness shall be upon the person alleging it. TITLE A Transfers: Reinstatements. In any event, a final determination of an employee's contest of a notice of leave shall be rendered within seventy-five days of the receipt of the request for review. If, upon such medical examination, such medical officer shall certify that such employee is not physically or mentally fit to perform the duties of his or her position, the appointing authority shall notify such employee that he or she may be placed on leave of absence. In order to be covered, an employee must have at least five years of continuous service. Compliance with technical rules of evidence shall not be required. The decision of the Civil Service Commission is final and subject to judicial review via Article 78 of the Civil Practice Law and Rules. SECTION 70 Transfers. If such an employee is finally determined not to be physically or mentally unfit to perform the duties of his or her position, he or she shall be restored to his or her position and shall have any leave credits or salary that he or she may have lost because of such involuntary leave of absence restored to him or her less any compensation he or she may have earned in other employment or occupation and any unemployment benefits he or she may have received during such period. Leave for ordinary disability on Westlaw, industry-leading online legal research system, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, 2021 May Bring Pro-Labor and Unionization Movement in Tech. The appointing authority will render a final determination within ten working days of the date of receipt of the hearing officer's report and recommendation. No person shall be appointed, promoted or employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless duly appointed, promoted, transferred or reinstated to such position in accordance with the law and rules prescribed therefor. The appellate court reasoned that section 72, by its plain language, applies only to employees placed on involuntary leave, … Section. The burden of proving mental or physical unfitness shall be upon the person alleging it. General Construction Law section 58, like Civil Service Law section 71, does not specify how the 365 days should be counted. Begin typing to search, use arrow keys to navigate, use enter to select. If the parties are unable to agree upon a hearing officer, he or she shall be selected by lot from a list of persons maintained by the state department of civil service. The appointing authority will afford the employee a hearing within thirty days of the date of a request by the employee to be held by an independent hearing officer agreed to by the appointing authority and the employee except that where the employer is a city of over one million in population such hearing may be held by a hearing officer employed by the office of administrative trials and hearings. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1. The hearing officer shall not be an employee of the same appointing authority as the employee alleged to be disabled. Copyright © 2021, Thomson Reuters. The appointing authority will render a final determination within ten working days of the date of receipt of the hearing officer's report and recommendation. Notwithstanding any other provisions of this section, if the appointing authority determines that there is probable cause to believe that the continued presence of the employee on the job represents a potential danger to persons or property or would severely interfere with operations, it may place such employee on involuntary leave of absence immediately;  provided, however that the employee shall be entitled to draw all accumulated unused sick leave, vacation, overtime and other time allowances standing to his or her credit. A copy of the transcript of the hearing shall, upon request of the employee affected, be transmitted to him without charge. You may also wish to call your local pharmacy or county Health Department to schedule your appointment. In any event, a final determination of an employee's contest of a notice of leave shall be rendered within seventy-five days of the receipt of the request for review. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Written notice of the facts providing the basis for the judgment of the appointing authority that the employee is not fit to perform the duties of his or her position shall be provided to the employee and the civil service department or commission having jurisdiction prior to the conduct of the medical examination. The hearing officer shall not be an employee of the same appointing authority as the employee alleged to be disabled. 4. No credit shall be granted in a promotion examination for out-of-title work. Written notice of the facts providing the basis for the judgment of the appointing authority that the employee is not fit to perform the duties of his or her position shall be provided to the employee and the civil service department or commission having jurisdiction prior to the conduct of the medical examination. Conclusion. Reinstatement after separation for disability, Separation for ordinary disability; reinstatement. If, upon such medical examination, such medical officer shall certify that such employee is not physically or mentally fit to perform the duties of his or her position, the appointing authority shall notify such employee that he or she may be placed on leave of absence. 3. The commission shall make its determination on the basis of the medical records and such facts and arguments as are presented to it. Read this complete New York Consolidated Laws, Civil Service Law - CVS § 72. WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been … 5. This post will address: Which employees Section 75 protects; If the parties are unable to agree upon a hearing officer, he or she shall be selected by lot from a list of persons maintained by the state department of civil service. An employee placed on leave of absence pursuant to this section shall be given a written statement of the reasons therefor. This section shall not be deemed to modify or supersede any other provisions of law applicable to the re-employment of persons retired from the public service on account of disability. 72. § 78. Internet Explorer 11 is no longer supported. If such officer or employee is found guilty, a copy of the charges, his written answer thereto, a transcript of the hearing, and the determination shall be filed in the office of the department or agency in which he has been employed, and a copy thereof shall be filed with the civil service commission having jurisdiction over such position. When in doubt as to a particular employee’s civil service class, check the civil service form (CS 39) regarding his /her appointment. Under section 813(d) of the New York City Charter, the CSC is authorized to hear and decide appeals by candidates who have been disqualified and been removed from an eligible list or from a competitive civil service title. New York Civil Service Law Section 72 - Leave for ordinary disability. An employee shall be allowed ten working days from service of the notice to object to the imposition of the proposed leave of absence and to request a hearing. of Transp., 68 AD3d 1199 [3d Dept 2009]; Matter of Birnbaum v New York State Dept. In any event, a final determination of an employee's contest of a notice of leave shall be rendered within seventy-five … Primarily redeployment. A copy of the transcript of the hearing shall, upon request of the employee affected, be transmitted to him without charge. The appointing authority in the final determination shall notify the employee of his or her right to appeal from such determination to the civil service commission having jurisdiction in accordance with subdivision three of this section. Section 70.4 of the Civil Service Law allows transfer to a title which is not similar, but where the employee meets the qualifications for the title. of this article. 79. The appointing authority may either uphold the original proposed notice of leave of absence, withdraw such notice or modify the notice as appropriate. SECTION 72 Leave for ordinary disability. 1. The request for such hearing shall be filed by the employee personally or by first class, certified or registered mail, return receipt requested. Compliance with technical rules of evidence shall not be required. The Unclassified Service includes those positions specifically defined in Section 35 of the Civil Service Law. The employee may be represented at any hearing by counsel or a representative of a certified or recognized employee organization and may present medical experts and other witnesses or evidence. Occupationally injured workers have significant legal protections under CSL § 71 and Section 5.9 of Civil Service regulations. (i) This section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation. An employee on such leave of absence shall be entitled to draw all accumulated, unused sick leave, vacation, overtime and other time allowances standing to his or her credit. New York State Committed to Innovation, Quality and Excellence ... to Civil Service Law section 78prior to the date of layoff containing the names of employees ... President’s Regulation 72.1 Separate units for suspension, demotion or displacement 4 CRR-NY … Provided however, that in considering appeals pursuant to subdivision two of this section where a hearing has not been held within nine months from the date of notification pursuant to subdivision one of this section, the commission shall designate an independent hearing officer who shall hold a hearing and report thereon. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. In section seventy-three A person against whom removal or other disciplinary action is proposed shall have written notice thereof and of the reasons therefor, shall be furnished a copy of the charges preferred against him and shall be allowed at least eight days for answering the same in writing. Such employee and appointing officer or their representatives shall be afforded an opportunity to present facts and arguments in support of their positions including medical evidence at a time and place and in such manner as may be prescribed by the commission. If an employer believes a worker is incapable — either mentally or physically — of performing his or her job responsibilities, these rules come into play. Transfer of personnel upon the abolition of positions in state civil service. 1. 2. Find your Senator and share your views on important issues. Civil Service Law. All rights reserved. Education Law §3020-a (v) Superintendents: covered by individual employment agreements Caveat: Not everyone is entitled to the panoply of rights provided under §75. I was hurt back almost two years ago on the job in a municipality that has a self insurance department. Access Civil Service exam announcements and learn about the exam process. New York Civil Service Law Section 79 - Establishment of redeployment lists in the state service; general provisions. Upon receipt of such request, the appointing authority shall supply to the employee, his or her personal physician or authorized representative, copies of all diagnoses, test results, observations and other data supporting the certification, and imposition of the proposed leave of absence shall be held in abeyance until a final determination is made by the appointing authority as provided in this section. Views on important issues positions in State Civil Service Law section 71, does not how! Given a written statement of the same appointing authority may either uphold the original proposed notice leave... Disability, separation for disability, separation for disability, separation for disability, for... Most recent version of New York Consolidated Laws, Civil Service Commission is final subject. 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