New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.9 - Restoration to duty from workers' compensation leave, termination of service upon exhaustion or termination of workers' compensation leave, or reinstatement following termination due to disability arising from occupational injury or disease

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicability. These rules shall govern procedures for restoration to duty from
				workers' compensation leave, termination of service upon exhaustion or
				termination of workers' compensation leave, reinstatement to service, or
				entitlement to placement upon a preferred eligible list, for all State
				employees who are subject to section
				71 of the
				Civil Service Law.
(b) Notice upon
				granting workers' compensation leave. After notice that payment of compensation
				has begun, and no later than the 21st day of absence due to an occupational
				injury or disease as defined in the Workers' Compensation Law, the appointing
				authority shall notify the employee in writing of the effective date of
				beginning of that leave; the right to leave of absence from the position during
				continued disability for one year unless extended; the right to apply to the
				appointing authority to return to duty pursuant to subdivision (d) of this
				section at any time during the leave; the right to a hearing to contest a
				finding of unfitness for restoration to duty; the termination of employment as
				a matter of law at the expiration of the workers' compensation leave; and the
				right thereafter to apply to the Civil Service Department within one year of
				the end of disability for reinstatement to the position if vacant, to a similar
				position, or to a preferred list pursuant to section
				71 of the
				Civil Service Law and subdivision (e) of this section.
(c) Termination of service upon exhaustion or
				termination of workers' compensation leave.
(1) Upon the exhaustion of leave for
				disability resulting from an occupational injury or disease as defined in the
				Workers' Compensation Law, or upon termination of such leave upon a finding
				that the disability is of such a nature as to permanently incapacitate the
				employee from performance of the duties of the position, the service of the
				employee shall be terminated as a matter of law.
(2) However, no such termination of service,
				if not the result of a hearing, shall be effective until 30 days from the
				service upon the employee, in person or by mail, of a notice of such impending
				action, which shall notify the employee of the proposed effective date of the
				termination; the right to apply to the appointing authority pursuant to
				subdivision (d) of this section for reinstatement to duty if medically fit; the
				obligation to submit to a medical examination to determine fitness to perform
				the duties of the position, the right to a hearing to contest a finding of
				unfitness for restoration to duty; and the right after termination of
				employment to apply to the Civil Service Department within one year of the end
				of disability for reinstatement to the position if vacant, to a similar
				position, or to a preferred list, pursuant to section
				71 of the
				Civil Service Law and subdivision (e) of this section.
(3) The final notice of termination shall
				notify the affected employee of the right to apply to the Civil Service
				Department within one year of the end of disability for reinstatement to
				employment or a preferred list pursuant to Civil Service Law, section
				71 and
				subdivision (e) of this section.