New York Public Personnel Law: Dismissal of action to place employee on involuntary Section 72.1 leave recommended

July 27, 2012

Dismissal of action to place employee on involuntary Section 72.1 leave recommended

Dismissal of action to place employee on involuntary Section 72.1 leave recommended

Housing Auth. v. Anonymous, OATH Index No. 1867/08

Oath Administrative Law Judge Joan Salzman recommended dismissal of the Housing Authority’s petition seeking to place a housing assistant on involuntary leave pursuant to Section 72 of the Civil Service Law.

Although the employee has a seizure disorder, and has had seizures while at work, the ALJ ruled that the Authority did not prove that his condition rendered him currently unfit to perform his duties.

The ALJ noted that the individual has only recently been given a correct diagnosis and treatment and that he demonstrated a continuing ability to perform his job.

As the Court of Appeals held in Matter of Sheeran v New York State Dept. of Transp., 18 NY3d 61 [Decided with Birnbaum v NYS Department of Labor], the procedural safeguards set out in Civil Service Law §72.1 are available to an employee if employer bars his or her return to work from sick leave.

A summary of the Court of Appeals’ ruling is posted on the Internet at:

http://publicpersonnellaw.blogspot.com/2011/11/procedural-safeguards-set-out-in-civil.html

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.