New York A 5816: Relates to hearing officers

Bill Text

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A05816 Summary:

BILL NOA05816 

&nbsp

SAME ASSAME AS S04901

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSRGriffin

&nbsp

MLTSPNSR

&nbsp

Amd §72, Civ Serv L

&nbsp

Expands the authority of hearing officers 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.

Go to top A05816 Actions:

BILL NOA05816 

&nbsp

02/20/2025referred to governmental employees

01/07/2026referred to governmental employees

Go to topA05816 Committee&nbspVotes:

Go to topA05816 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05816 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5816

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
 Committee on Governmental Employees

 AN ACT to amend the civil service law, in relation to hearing officers

 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 306 of the laws of 2024, 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 such employee's position by reason of a
 6 disability, other than a disability resulting from occupational injury
 7 or disease as defined in the workers' compensation law, the appointing
 8 authority may require such employee to undergo a medical examination to
 9 be conducted by a medical officer selected by the civil service depart-
 10 ment or municipal commission having jurisdiction. Written notice of the
 11 facts providing the basis for the judgment of the appointing authority
 12 that the employee is not fit to perform the duties of such employee's
 13 position, and copies of any written, electronic or other communication
 14 by the appointing authority to a medical officer or any other entity
 15 regarding the claim that such employee is unable to perform their duties
 16 pursuant to this section, shall be provided to the employee, the author-
 17 ized representative of such employee and the civil service department or
 18 commission having jurisdiction prior to the conduct of the medical exam-
 19 ination. If, upon such medical examination, such medical officer shall
 20 certify that such employee is not physically or mentally fit to perform
 21 the duties of such employee's position, the appointing authority shall
 22 notify such employee that they may be placed on leave of absence. An
 23 employee placed on leave of absence pursuant to this section shall be
 24 given a written statement of the reasons therefor and complete copies of
 25 all of the documentation, reports and records relied upon by the medical
 26 officer during their examination, including any documents, reports and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09740-01-5

 A. 5816 2

 1 correspondence sent to the appointing authority at the conclusion of the
 2 examination. Such notice shall contain the reason for the proposed leave
 3 and the proposed date on which such leave is to commence, shall be made
 4 in writing and served in person or by first class, registered or certi-
 5 fied mail, return receipt requested, upon the employee. Such notice
 6 shall also inform the employee of their rights under this procedure. An
 7 employee shall be allowed ten working days from service of the notice to
 8 object to the imposition of the proposed leave of absence and to request
 9 a hearing. The request for such hearing shall be filed by the employee
 10 personally or by first class, certified or registered mail, return
 11 receipt requested. Upon receipt of such request, the appointing authori-
 12 ty shall supply to the employee, such employee's personal physician or
 13 authorized representative, copies of all diagnoses, test results, obser-
 14 vations and other data supporting the certification, and imposition of
 15 the proposed leave of absence shall be held in abeyance until a final
 16 determination is made by the appointing authority as p