Bill Text: NY S08948 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain information regarding judgments about an employee's inability to perform their duties due to a disability to be provided to the employee and the authorized representative of such employee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-02 - REFERRED TO CIVIL SERVICE AND PENSIONS [S08948 Detail]

Download: New_York-2023-S08948-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8948

                    IN SENATE

                                      April 2, 2024
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to amend the civil service law, in relation to the disclosure  of
          information to employees

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 72 of the civil  service  law,  as
     2  amended  by  chapter  547  of  the  laws  of 1984, is amended to read as
     3  follows:
     4    1. When in the judgment of an  appointing  authority  an  employee  is
     5  unable to perform the duties of [his or her] such employee's position by
     6  reason  of  a disability, other than a disability resulting from occupa-
     7  tional injury or disease as defined in the  workers'  compensation  law,
     8  the  appointing authority may require such employee to undergo a medical
     9  examination to be conducted by a medical officer selected by  the  civil
    10  service  department or municipal commission having jurisdiction. Written
    11  notice of the facts providing the basis for the judgment of the appoint-
    12  ing authority that the employee is not fit to perform the duties of [his
    13  or her] such employee's position, and copies of any written,  electronic
    14  or  other communication by the appointing authority to a medical officer
    15  or any other entity regarding the claim that such employee is unable  to
    16  perform  their duties pursuant to this section, shall be provided to the
    17  employee, the authorized representative of such employee and  the  civil
    18  service  department  or  commission  having  jurisdiction  prior  to the
    19  conduct of the medical examination. If, upon such  medical  examination,
    20  such  medical officer shall certify that such employee is not physically
    21  or mentally fit to perform the duties of [his or  her]  such  employee's
    22  position,  the  appointing authority shall notify such employee that [he
    23  or she] they may be placed on leave of absence. An  employee  placed  on
    24  leave  of  absence  pursuant  to  this  section shall be given a written
    25  statement of the reasons therefor  and complete copies  of  all  of  the
    26  documentation,  reports  and  records relied upon by the medical officer
    27  during their examination, including any documents,  reports  and  corre-
    28  spondence  sent  to  the  appointing  authority at the conclusion of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15039-01-4
        S. 8948                             2

     1  examination. Such notice shall contain the reason for the proposed leave
     2  and the proposed date on which such leave is to commence, shall be  made
     3  in  writing and served in person or by first class, registered or certi-
     4  fied  mail,  return  receipt  requested,  upon the employee. Such notice
     5  shall also inform the employee of [his or her] their rights  under  this
     6  procedure. An employee shall be allowed ten working days from service of
     7  the  notice to object to the imposition of the proposed leave of absence
     8  and to request a hearing. The request for such hearing shall be filed by
     9  the employee personally or by first class, certified or registered mail,
    10  return receipt requested. Upon receipt of such request,  the  appointing
    11  authority  shall  supply  to  the employee, [his or her] such employee's
    12  personal physician or authorized representative,  copies  of  all  diag-
    13  noses,  test results, observations and other data supporting the certif-
    14  ication, and imposition of the proposed leave of absence shall  be  held
    15  in  abeyance  until  a  final  determination  is  made by the appointing
    16  authority as provided in this section.  The  appointing  authority  will
    17  afford  the  employee  a  hearing  within  thirty  days of the date of a
    18  request by the employee to be held by  an  independent  hearing  officer
    19  agreed to by the appointing authority and the employee except that where
    20  the  employer  is  a city of over one million in population such hearing
    21  may be held by a hearing officer employed by the office  of  administra-
    22  tive  trials  and  hearings.  If  the parties are unable to agree upon a
    23  hearing officer, [he or she] such hearing officer shall be  selected  by
    24  lot  from  a list of persons maintained by the state department of civil
    25  service. The hearing officer shall  not  be  an  employee  of  the  same
    26  appointing authority as the employee alleged to be disabled. [He or she]
    27  The  hearing  officer  shall  be  vested  with  all of the powers of the
    28  appointing authority, and shall make  a  record  of  the  hearing  which
    29  shall,  with  [his  or  her]  such  hearing officer's recommendation, be
    30  referred to the appointing authority for review and decision  and  which
    31  shall be provided to the affected employee free of charge. A copy of the
    32  transcript  of the hearing shall, upon request of the employee affected,
    33  be transmitted to [him] such employee without charge. The  employee  may
    34  be represented at any hearing by counsel or a representative of a certi-
    35  fied or recognized employee organization and may present medical experts
    36  and  other  witnesses  or  evidence. The employee shall be entitled to a
    37  reasonable period of time to obtain such representation. The  burden  of
    38  proving  mental  or physical unfitness shall be upon the person alleging
    39  it. Compliance with technical rules of evidence shall not  be  required.
    40  The  appointing  authority  will render a final determination within ten
    41  working days of the date of receipt of the hearing officer's report  and
    42  recommendation.  The appointing authority may either uphold the original
    43  proposed notice of leave of absence, withdraw such notice or modify  the
    44  notice as appropriate. In any event, a final determination of an employ-
    45  ee's  contest of a notice of leave shall be rendered within seventy-five
    46  days of the receipt of the request for review. An employee on such leave
    47  of absence shall be entitled to draw all accumulated, unused sick leave,
    48  vacation, overtime and other time allowances standing to  [his  or  her]
    49  such  employee's  credit. The appointing authority in the final determi-
    50  nation shall notify the employee of [his or her] such  employee's  right
    51  to appeal from such determination to the civil service commission having
    52  jurisdiction in accordance with subdivision three of this section.
    53    §  2. This act shall take effect on the first of January next succeed-
    54  ing the date on which it shall have become a law.