Bill Text: NY A03530 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the civil service law, in relation to leaves of absence for public employees injured in the performance of their duties
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to governmental employees [A03530 Detail]
Download: New_York-2009-A03530-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3530
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. GIANARIS, PHEFFER -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to leaves of absence
for public employees injured in the performance of their duties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 71 of the civil service law, as amended by chapter
2 577 of the laws of 2003, is amended to read as follows:
3 S 71. Reinstatement after separation for disability. Where an employee
4 has been separated from the service by reason of a disability resulting
5 from occupational injury or disease as defined in the [workmen's] WORK-
6 ERS' compensation law, he or she shall be entitled to a leave of absence
7 for at least [one year] THREE HUNDRED SIXTY-FIVE CONSECUTIVE DAYS FOR
8 EACH PERIOD OF SUCH DISABILITY, unless his or her disability is of such
9 a nature as to permanently incapacitate him or her for the performance
10 of the duties of his or her position. Notwithstanding the foregoing,
11 where an employee has been separated from the service by reason of a
12 disability resulting from an assault sustained in the course of his or
13 her employment, he or she shall be entitled to a leave of absence for at
14 least two years, unless his or her disability is of such a nature as to
15 permanently incapacitate him or her for the performance of the duties of
16 his or her position. Such employee may, within one year after the termi-
17 nation of such disability, make application to the civil service depart-
18 ment or municipal commission having jurisdiction over the position last
19 held by such employee for a medical examination to be conducted by a
20 medical officer selected for that purpose by such department or commis-
21 sion. If, upon such medical examination, such medical officer shall
22 certify that such person is physically and mentally fit to perform the
23 duties of his or her former position, he or she shall be reinstated to
24 his or her former position, if vacant, or to a vacancy in a similar
25 position or a position in a lower grade in the same occupational field,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05748-01-9
A. 3530 2
1 or to a vacant position for which he or she was eligible for transfer.
2 If no appropriate vacancy shall exist to which reinstatement may be
3 made, or if the work load does not warrant the filling of such vacancy,
4 the name of such person shall be placed upon a preferred list for his or
5 her former position, and he or she shall be eligible for reinstatement
6 from such preferred list for a period of four years. In the event that
7 such person is reinstated to a position in a grade lower than that of
8 his or her former position, his or her name shall be placed on the
9 preferred eligible list for his or her former position or any similar
10 position. This section shall not be deemed to modify or supersede any
11 other provisions of law applicable to the re-employment of persons
12 retired from the public service on account of disability.
13 S 2. This act shall take effect immediately.
