2023 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 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 their dismissal from
  public employment, except that a person who is not completely physically
  incapacitated and who is suspended or demoted pursuant to section eighty
  of this article because their 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 their
  incapacity,  unless  upon  medical  examination  their  incapacity   has
  worsened  to  a  degree  that  they  would not be able to satisfactorily
  perform in such position. No person shall be  disqualified  pursuant  to
  this  subdivision unless they are 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.