October 22, 2012

Employee’s psychiatric problems rather than misconduct leads to a recommendation that the employee be placed on Section 72 leave for disability


Employee’s psychiatric problems rather than misconduct leads to a recommendation that the employee be placed on Section 72 leave for disability
New York City  Human Resources Admin. v. Anonymous, OATH Index No. 1781/12 

An employee diagnosed with multiple psychiatric problems was found unfit to perform the duties of the position due to being frequently unable to interact with co-workers and supervisors without engaging in disruptive, angry, and sometimes “frightening behavior.”

OATH Administrative Law Judge Faye Lewis found that the employer had made efforts to modify the duties of the position but the individual’s behavior “was persistently disruptive.”

After considering the disciplinary charges filed against the individual, Judge Lewis recommended that the employee be placed on an involuntary leave of absence pursuant to §72 of the Civil Service Law. [Presumably the ALJ was referring to placing the employee on such leave pursuant to §72.5 of the Civil Service Law.*]

As the ALJ determined that the employees acts that caused disciplinary charges to be served were the result of a disability, she found that the charges of misconduct filed against the individual were not sustained.

* An individual placed on such leave subsequently terminated from the position pursuant to §73 of the Civil Service Law may apply for reinstatement within one year of his or her being found physically and mentally fit to resume performing the duties of  his or her position.

The decision is posted on the Internet at:

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