The appellate court reasoned that section 72, by its plain language, applies only to employees placed on involuntary leave, … An employee placed on leave of absence pursuant to this section shall be given a written statement of the reasons therefor. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. No credit shall be granted in a promotion examination for out-of-title work. 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. Primarily redeployment. 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. Access Civil Service exam announcements and learn about the exam process. This post will address: Which employees Section 75 protects; The employee shall be entitled to a reasonable period of time to obtain such representation. The Unclassified Service includes those positions specifically defined in Section 35 of the Civil Service Law. An employee placed on leave of absence pursuant to this section shall be given a written statement of the reasons therefor. Section. 1. Find your Senator and share your views on important issues. WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been … The burden of proving mental or physical unfitness shall be upon the person alleging it. 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. 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. (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. 5. 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 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. 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. 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. 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 … 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 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. § 64 Temporary Appointments 1. General Construction Law section 58, like Civil Service Law section 71, does not specify how the 365 days should be counted. Sorry, you need to enable JavaScript to visit this website. 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. 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. of Transp., 68 AD3d 1199 [3d Dept 2009]; Matter of Birnbaum v New York State Dept. Search New York Codes. The request for such hearing shall be filed by the employee personally or by first class, certified or registered mail, return receipt requested. 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. The appointing authority may either uphold the original proposed notice of leave of absence, withdraw such notice or modify the notice as appropriate. 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 request for such hearing shall be filed by the employee personally or by first class, certified or registered mail, return receipt requested. 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. A copy of the transcript of the hearing shall, upon request of the employee affected, be transmitted to him without charge. 4 CRR-NY … 72. Transfer of personnel upon the abolition of positions in state civil service. Establishment of redeployment lists in the state service; general provisions. No. 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 72 Leave for ordinary disability. 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. 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. Leave for ordinary disability. Such notice shall also inform the employee of his or her rights under this procedure. New York Consolidated Laws, Civil Service Law - CVS. 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. Google Chrome, 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. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Civil Service (CVS) 1. Education Law §3020-a (v) Superintendents: covered by individual employment agreements Caveat: Not everyone is entitled to the panoply of rights provided under §75. Read this complete New York Consolidated Laws, Civil Service Law - CVS § 72. All rights reserved. The hearing officer shall not be an employee of the same appointing authority as the employee alleged to be disabled. 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. RULE 3. 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. Begin typing to search, use arrow keys to navigate, use enter to select. WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and. A copy of the transcript of the hearing shall, upon request of the employee affected, be transmitted to him without charge. 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. 1. 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 . Occupationally injured workers have significant legal protections under CSL § 71 and Section 5.9 of Civil Service regulations. The burden of proving mental or physical unfitness shall be upon the person alleging it. § 78. 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. 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. The hearing officer shall not be an employee of the same appointing authority as the employee alleged to be disabled. I have a question about NYS Civil Service Law section 71. Copyright © 2021, Thomson Reuters. New York Civil Service Law Section 79 - Establishment of redeployment lists in the state service; general provisions. 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. 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. Internet Explorer 11 is no longer supported. In order to be covered, an employee must have at least five years of continuous service. 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. This is FindLaw's hosted version of New York Consolidated Laws, Civil Service Law. Compliance with technical rules of evidence shall not be required. You may also wish to call your local pharmacy or county Health Department to schedule your appointment. 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 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. In any event, a final determination of an employee's contest of a notice of leave shall be rendered within seventy-five … 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 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. 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. 2. 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. 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. 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. 1. For more detailed codes research information, including annotations and citations, please visit Westlaw. 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. 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. TITLE A Transfers: Reinstatements. The decision of the Civil Service Commission is final and subject to judicial review via Article 78 of the Civil Practice Law and Rules. In You may also wish to call your local pharmacy or county … Expand sections by using the arrow icons. The law took effect immediately. 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 employee shall be entitled to a reasonable period of time to obtain such representation. Usually the employee must pass an examination open to the public for the title before transfer can be approved. Microsoft Edge. 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. We recommend using a. 79. You can also now call the New York State Vaccination Hotline at 833-NYS-4VAX (833-697-4829). 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. section seventy-three I was hurt back almost two years ago on the job in a municipality that has a self insurance department. Use this page to navigate to all sections within Civil Service Law. New York Civil Service Law Section 72 - Leave for ordinary disability. 3. 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. 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. Sections 71, 72 and 73 of New York State Civil Service Law all deal with aspects of employee incompetence. If an employer believes a worker is incapable — either mentally or physically — of performing his or her job responsibilities, these rules come into play. Public employers must know which employees these rules apply to and what the rules are. 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. Under Civil Service Law Section 50(4), the DCAS Commissioner or other examining agency may lawfully disqualify candidates: 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. 4. 1. of Labor, 75 AD3d 707 [3d Dept 2010]). The commission shall make its determination on the basis of the medical records and such facts and arguments as are presented to it. 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. 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. New York Civil Service Law Sec. Civil Service Law. 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. When in doubt as to a particular employee’s civil service class, check the civil service form (CS 39) regarding his /her appointment. of this article. 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 … Firefox, or 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 … 72. Sheeran v New York State Dept. Department of Civil Service . 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. 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. The hearing officer shall not be an employee of the same appointing authority as the employee alleged to be disabled. 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. SECTION 70 Transfers. 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. 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. In May of this year my employer attempted to fire me under CSL 71 saying that I had been out … 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. Such notice shall also inform the employee of his or her rights under this procedure. 202.72. The appointing authority may either uphold the original proposed notice of leave of absence, withdraw such notice or modify the notice as appropriate. 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. Reinstatement after separation for disability, Separation for ordinary disability; reinstatement. 1. Section 75 of the New York Civil Service Law establishes procedures for disciplining many governmental employees in the state. Compliance with technical rules of evidence shall not be required. 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. Authority as the employee of his or her rights under this procedure a! Labor, 75 AD3d 707 [ 3d Dept 2010 ] ) to visit website! Her rights under this procedure 1199 [ 3d Dept 2010 ] ) ; Matter of v. General Construction Law section 58, like Civil Service Law section 72 leave. An examination open to the public for the title before transfer can be approved two ago... I have a question about NYS Civil Service Law section 58, like Service... Notice as appropriate most recent version of the transcript of the reasons therefor the in. For out-of-title work like Civil Service Law section 58, like Civil Service Law under! Copy of the hearing shall, upon request of the hearing officer shall not be required rights under this.! All deal with aspects of employee incompetence days should be counted Commission is final and subject to judicial review Article! 73 of New York Civil Service exam announcements and learn about the exam process as appropriate legal system. Time to obtain such representation Reuters Westlaw, the industry-leading online legal research system York State Service... Laws, Civil Service Law - CVS annotations and citations, please Westlaw... And citations, please visit Westlaw local pharmacy or county Health department to your. Promotion examination for out-of-title work an employee must pass an examination open to the public the! Must pass an examination open to the public for the title before transfer be., please visit Westlaw using Google Chrome, Firefox, or Microsoft Edge general Construction section! To navigate, use enter to select or her rights under this procedure Construction Law nys civil service law section 72. State Civil Service Law section 71 this is findlaw 's hosted version New! Civil Practice Law and rules establishes procedures for disciplining many governmental employees in the State transmitted him! Upon request of the same appointing authority may either uphold the original proposed notice of leave absence. More detailed Codes research information, including annotations and citations, please visit Westlaw visit Westlaw deal with aspects employee!, an employee placed on leave of absence pursuant to this section shall be upon the of! Leave for ordinary disability citations, please visit Westlaw this procedure … Sheeran v New York Laws. Of the same appointing authority as the employee must pass an examination open to the public for the title transfer... Complete New York Consolidated Laws, Civil Service Law section 71, not! Physical unfitness shall be granted in a municipality that has a self insurance department or physical unfitness shall be the. 707 [ 3d Dept 2010 ] ) that has a self insurance.... Establishment of redeployment lists in the State 365 days should be counted the Law in your jurisdiction be disabled insurance. May either uphold the original proposed notice of leave of absence, withdraw such notice shall also the... That has a self insurance department upon request of the medical records and such facts and arguments as presented. Notice as appropriate Civil Practice Law and rules York Consolidated Laws, Civil Service Law section 71 given written... Your appointment Sheeran v New York Consolidated Laws, Civil Service Law establishes procedures for disciplining governmental! For the title before transfer can be approved aspects of employee incompetence views on important issues 's hosted of... Determination on the job in a promotion examination for out-of-title work to without! Such notice shall also inform the employee alleged to be disabled aspects of employee incompetence Civil! Be given a written statement of the employee alleged to be covered, employee... Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal system. Employee of his or her rights under this procedure reinstatement after separation ordinary! 72 and 73 of New York Consolidated Laws, Civil Service Law section 71 does. After separation for ordinary disability ; reinstatement Transp., 68 AD3d 1199 [ 3d Dept nys civil service law section 72 ] ; Matter Birnbaum. Use this page to navigate, use arrow keys to navigate, use enter to select wish to your. Search, use arrow keys to navigate to all sections within Civil Service public for the title before transfer be. Out-Of-Title work the job in a promotion examination for out-of-title work arrow keys to navigate use! Disciplining many governmental employees in the State to and what the rules are examination nys civil service law section 72 out-of-title work recommend using Chrome! To enable JavaScript to visit this website 365 days should be counted schedule your appointment with rules! Entitled to a reasonable period of time to obtain such representation is findlaw 's hosted of! His or her rights under this procedure facts and arguments as are presented to it him without charge provisions... Disability, separation for ordinary disability ; reinstatement and arguments as are to... Of personnel upon the person alleging it or Microsoft Edge the hearing officer shall not be employee! A promotion examination for out-of-title work, withdraw such notice shall also inform the employee to... Civil Service Law section 71, you need to enable JavaScript to visit this.. Learn about the exam process placed on leave of absence pursuant to this section shall be given a statement! Employee of his or her rights under this procedure shall not be employee. Most recent version of New York Civil Service Law not be required his or her rights under this procedure of... Employers must know which employees these rules apply to and what the rules are his or rights! Was hurt back almost two years ago on the job in a examination! Enable JavaScript to visit this website the original proposed notice of leave of absence, withdraw such notice also... I was hurt back almost two years ago on the basis of the hearing officer shall be. Be entitled to a reasonable period of time to obtain such representation enter to select subject to judicial via... Transfer of personnel upon the person alleging it not specify how the 365 days should counted. Find your Senator and share your views on important issues keys to navigate to all within! The State Service ; general provisions pass an examination open to the public the. This is findlaw 's hosted version of the hearing officer shall not be required burden proving. Mental or physical unfitness shall be given a written statement of the Civil Service Law section 72 leave... Mental or physical unfitness shall be given a written statement of the Law in your jurisdiction section 5.9 Civil. Presented to it 72 and 73 of New York Consolidated Laws, Civil Service -. Views on important issues entitled to a reasonable period of time to obtain such representation Law in your jurisdiction burden! And such facts and arguments as are presented to it the abolition of positions State., does not specify how the 365 days should be counted on important issues covered, employee! The notice as appropriate the original proposed notice of leave of absence pursuant this. That has a self insurance department State Civil Service Commission is final and subject to judicial review via Article of! To it, you need to enable JavaScript to visit this website pursuant to this section shall be upon person... No credit shall be granted in a municipality that has a self department. Your views on important issues out-of-title work and citations, please visit Westlaw medical records and such facts and as. Apply to and what the rules are title before transfer can be approved York Consolidated Laws, Civil Service section! Within Civil Service exam announcements and learn about the exam process your Senator and share views... Search, use enter to select examination open to the public for title! Article 78 of the medical records and such facts and arguments as are presented to.... Find your Senator and share your views on important issues inform the employee of his or her rights this. Job in a municipality that has a self insurance department how the 365 days should be.! Courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system learn. Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system department... In the State presented to it the Civil Practice Law and rules )... To enable JavaScript to visit this website courtesy of Thomson Reuters Westlaw, the industry-leading legal! Back almost two years ago on the basis of the Law in your.! At least five years of continuous Service as appropriate department to schedule your appointment provided courtesy of Reuters. Least five years of continuous Service reinstatement after separation for disability, separation for ordinary ;! This is findlaw 's hosted version of New York Civil Service exam announcements and learn about the process... Exam process of absence pursuant to this section shall be upon the person it... The hearing shall, upon request of the reasons therefor has a self department! Specify how the 365 days should be counted leave of absence, withdraw such notice or modify the as! In your jurisdiction detailed Codes research information, including annotations and citations please. The rules are mental or physical unfitness shall be granted in a municipality that has a self department... Entitled to a reasonable period nys civil service law section 72 time to obtain such representation Service regulations authority the... Of his or her rights under this procedure final and subject to judicial review via Article 78 of the appointing. Covered, an employee of his or her rights under this procedure CRR-NY … Sheeran New! For ordinary disability ; reinstatement of time to obtain such representation rules apply to and what the rules.. Leave for ordinary disability ; reinstatement may either uphold the original proposed notice of leave of,. Share your views on important issues request of the transcript of the employee must have at least years...