NY Civ Serv L § 81-A (2021)
2021 New York Laws CVS - Civil Service Article 5 - Personnel Changes Title C - Abolition of Positions; Suspension; Demotion 81-A - Reemployment Rosters in the State Service; Certification and Reinstatement Therefrom.

§ 81-a. Reemployment  rosters  in the state service; certification and   reinstatement therefrom. 1. Establishment of reemployment rosters in the   state service; general provisions. The head of any department, office or   institution from which an  employee  in  the  state  service  is  to  be   suspended or demoted in accordance with the provisions of section eighty   or  eighty-a  of this article, shall, at least twenty days prior to such   suspension or demotion, furnish the state civil service department  with   a  statement  showing  such  employee's name, title or position, date of   appointment, and the date of and reason for suspension or demotion. Upon   such employee's suspension or demotion, it shall  be  the  duty  of  the   department to place the name of such employee upon a reemployment roster   for  filling  vacancies  in any comparable position as determined by the   department, except that employees suspended or demoted from positions in   the non-competitive and labor classes  may  not  be  certified  to  fill   vacancies  in  the  competitive class. Such reemployment roster shall be   certified  for  filling  a  vacancy  in   any   such   position   before   certification  is  made  from  any  other  list,  including  a promotion   eligible list, but not  prior  to  a  preferred  list.  Eligibility  for   reinstatement  of  a  person whose name appears on any such reemployment   roster shall not continue for a  period longer than four years from  the   date  of  suspension  or  demotion  provided, however, in no event shall   eligibility for reinstatement from a reemployment roster  continue  once   the  person  is  no  longer  eligible for reinstatement from a preferred   list.2. Order of certification of names from  a  reemployment  roster.  The   names  of  persons on a reemployment roster shall be certified therefrom   with equal ranking for reinstatement.3. Probationary term. All reinstatements from  a  reemployment  roster   shall require completion of a probationary term in accordance with rules   promulgated  by  the  commission  pursuant to subdivision two of section   sixty-three of this chapter.4.  Effect  of  reinstatement  or  failure  or   refusal   to   accept   reinstatement.  The  commission  shall  adopt  rules  providing  for the   relinquishment of eligibility for reinstatement  upon  reinstatement  or   upon failure or refusal to accept reinstatement from a preferred list or   a reemployment roster.5. Notwithstanding any other provision of this chapter, the department   may  disqualify for reinstatement and remove from a  reemployment roster   the name of any otherwise eligible person who, by reason of physical  or   mental  incapacity,  is found to be unable to satisfactorily perform the   duties of the position for which such roster has  been  established,  or   who has engaged in such misconduct as would warrant his or her dismissal   from  public  employment,  except  that  a  person who is not completely   physically incapacitated and who is suspended  or  demoted  pursuant  to   section  eighty  or eighty-a of this article because his or her position   has been abolished or reduced, but who is certified for reinstatement to   any position having the same physical requirements as the position  from   which  such  person  was suspended or demoted, shall not be disqualified   because of his or her incapacity, unless upon medical examination his or   her incapacity has worsened to a degree that he or she would not be able   to  satisfactorily  perform  in  such  position.  No  person  shall   be   disqualified  pursuant  to  this  subdivision  unless he or she is first   given a written statement of the reasons therefor and an opportunity  to   be  heard  at a hearing at which satisfactory proof of such reasons must   be established by appropriate evidence, and at  which  such  person  may   present  independent  evidence  and  be  entitled  to  representation by   counsel. The department shall designate a person to  hold  such  hearing   and report thereon. 6. Notwithstanding any other provision of this chapter, any person may   voluntarily  remove  his  or  her  name  from  a  reemployment roster by   application to the department.