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Occupationally injured workers have significant legal protections under CSL § 71 and Section 5.9 of Civil Service regulations. The Unclassified Service includes those positions specifically defined in Section 35 of the Civil Service Law. 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. 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 . Copyright © 2021, Thomson Reuters. The decision of the Civil Service Commission is final and subject to judicial review via Article 78 of the Civil Practice Law and Rules. Civil Service (CVS) 1. 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. 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. 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 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. 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. 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. of Labor, 75 AD3d 707 [3d Dept 2010]). No credit shall be granted in a promotion examination for out-of-title work. The appointing authority may either uphold the original proposed notice of leave of absence, withdraw such notice or modify the notice as appropriate. 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. 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. In order to be covered, an employee must have at least five years of continuous service. 5. New York Civil Service Law Section 79 - Establishment of redeployment lists in the state service; general provisions. Begin typing to search, use arrow keys to navigate, use enter to select. In May of this year my employer attempted to fire me under CSL 71 saying that I had been out … Use this page to navigate to all sections within Civil Service Law. Transfer of personnel upon the abolition of positions in state civil service. 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. 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 … 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. 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. The law took effect immediately. Section 75 of the New York Civil Service Law establishes procedures for disciplining many governmental employees in the state. I have a question about NYS Civil Service Law section 71. 202.72. The request for such hearing shall be filed by the employee personally or by first class, certified or registered mail, return receipt requested. 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. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Public employers must know which employees these rules apply to and what the rules are. Search New York Codes. 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. For more detailed codes research information, including annotations and citations, please visit Westlaw. SECTION 72 Leave for ordinary disability. 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. 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. Section. 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. About the exam process a self insurance department continuous Service the title before transfer can be approved a. Law and rules for ordinary disability ; reinstatement Reuters Westlaw, the industry-leading online research. 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