§ 71 — Reinstatement after separation for disability

New York § 71

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Transfers: Reinstatements
• Art. 5: Personnel Changes

Text

§ 71. Reinstatement after separation for disability. Where an employee\nhas been separated from the service by reason of a disability resulting\nfrom occupational injury or disease as defined in the workmen's\ncompensation law, he or she shall be entitled to a leave of absence for\nat least one year, unless his or her disability is of such a nature as\nto permanently incapacitate him or her for the performance of the duties\nof his or her position. Notwithstanding the foregoing, where an employee\nhas been separated from the service by reason of a disability resulting\nfrom an assault sustained in the course of his or her employment, he or\nshe shall be entitled to a leave of absence for at least two years,\nunless his or her disability is of such a nature as to permanently\nincapacitate him or her for the performance of the duties of his or her\nposition. Such employee may, within one year after the termination of\nsuch disability, make application to the civil service department or\nmunicipal commission having jurisdiction over the position last held by\nsuch employee for a medical examination to be conducted by a medical\nofficer selected for that purpose by such department or commission. If,\nupon such medical examination, such medical officer shall certify that\nsuch person is physically and mentally fit to perform the duties of his\nor her former position, he or she shall be reinstated to his or her\nformer position, if vacant, or to a vacancy in a similar position or a\nposition in a lower grade in the same occupational field, or to a vacant\nposition for which he or she was eligible for transfer. If no\nappropriate vacancy shall exist to which reinstatement may be made, or\nif the work load does not warrant the filling of such vacancy, the name\nof such person shall be placed upon a preferred list for his or her\nformer position, and he or she shall be eligible for reinstatement from\nsuch preferred list for a period of four years. In the event that such\nperson is reinstated to a position in a grade lower than that of his or\nher former position, his or her name shall be placed on the preferred\neligible list for his or her former position or any similar position.\nThis section shall not be deemed to modify or supersede any other\nprovisions of law applicable to the re-employment of persons retired\nfrom the public service on account of disability.\n