N.Y. CVS Law § 81-A — New York Code / Act CVS / Article 5 / Title C / Section 81-A
Reemployment rosters in the state service; certification and reinstatement therefrom
Status: in_force

§ 81-a. Reemployment rosters in the state service; certification and\nreinstatement therefrom.  1. Establishment of reemployment rosters in\nthe state service; general provisions. The head of any department,\noffice or institution from which an employee in the state service is to\nbe suspended or demoted in accordance with the provisions of section\neighty of this article, shall, at least twenty days prior to such\nsuspension or demotion, furnish the state civil service department with\na statement showing such employee's name, title or position, date of\nappointment, and the date of and reason for suspension or demotion. Upon\nsuch employee's suspension or demotion, it shall be the duty of the\ndepartment to place the name of such employee upon a reemployment roster\nfor filling vacancies in any comparable position as determined by the\ndepartment, except that employees suspended or demoted from positions in\nthe non-competitive and labor classes may not be certified to fill\nvacancies in the competitive class. Such reemployment roster shall be\ncertified for filling a vacancy in any such position before\ncertification is made from any other list, including a promotion\neligible list, but not prior to a preferred list.  Eligibility for\nreinstatement of a person whose name appears on any such reemployment\nroster shall not continue for a period longer than four years from the\ndate of suspension or demotion provided, however, in no event shall\neligibility for reinstatement from a reemployment roster continue once\nthe person is no longer eligible for reinstatement from a preferred\nlist.\n  2. Order of certification of names from a reemployment roster. The\nnames of persons on a reemployment roster shall be certified therefrom\nwith equal ranking for reinstatement.\n  3. Probationary term. All reinstatements from a reemployment roster\nshall require completion of a probationary term in accordance with rules\npromulgated by the commission pursuant to subdivision two of section\nsixty-three of this chapter.\n  4. Effect of reinstatement or failure or refusal to accept\nreinstatement. The commission shall adopt rules providing for the\nrelinquishment of eligibility for reinstatement upon reinstatement or\nupon failure or refusal to accept reinstatement from a preferred list or\na reemployment roster.\n  5. Notwithstanding any other provision of this chapter, the department\nmay disqualify for reinstatement and remove from a reemployment roster\nthe name of any otherwise eligible person who, by reason of physical or\nmental incapacity, is found to be unable to satisfactorily perform the\nduties of the position for which such roster has been established, or\nwho has engaged in such misconduct as would warrant their dismissal from\npublic employment, except that a person who is not completely physically\nincapacitated and who is suspended or demoted pursuant to section eighty\nof this article because their position has been abolished or reduced,\nbut who is certified for reinstatement to any position having the same\nphysical requirements as the position from which such person was\nsuspended or demoted, shall not be disqualified because of their\nincapacity, unless upon medical examination their incapacity has\nworsened to a degree that they would not be able to satisfactorily\nperform in such position. No person shall be disqualified pursuant to\nthis subdivision unless they are first given a written statement of the\nreasons therefor and an opportunity to be heard at a hearing at which\nsatisfactory proof of such reasons must be established by appropriate\nevidence, and at which such person may present independent evidence and\nbe entitled to representation by counsel. The department shall designate\na person to hold such hearing and report thereon.\n  6. Notwithstanding any other provision of this chapter, any person may\nvoluntarily remove his or her name from a reemployment roster by\napplication to the department.\n