Assembly Bill A9932

2023-2024 Legislative Session

Relates to hearing officers

download bill text pdf

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Current Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A9932 (ACTIVE) - Details

See Senate Version of this Bill:
S8960
Law Section:
Civil Service Law
Laws Affected:
Amd §72, Civ Serv L

2023-A9932 (ACTIVE) - Summary

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.

2023-A9932 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9932
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 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:
 
   Section  1.  Subdivision  1 of section 72 of the civil service law, as
 amended by chapter 547 of the laws  of  1984,  is  amended  to  read  as
 follows:
   1.  When  in  the  judgment  of an appointing authority an employee is
 unable to perform the duties of [his or her] SUCH EMPLOYEE'S position by
 reason of a disability, other than a disability resulting  from  occupa-
 tional  injury  or  disease as defined in the workers' compensation law,
 the appointing authority may require such employee to undergo a  medical
 examination  to  be conducted by a medical officer selected by the civil
 service department or municipal commission having jurisdiction.  Written
 notice of the facts providing the basis for the judgment of the appoint-
 ing authority that the employee is not fit to perform the duties of [his
 or  her]  SUCH EMPLOYEE'S position shall be provided to the employee and
 the civil service department or commission having jurisdiction prior  to
 the  conduct  of the medical examination. If, upon such medical examina-
 tion, such medical officer shall certify that such employee is not phys-
 ically or mentally fit to perform  the  duties  of  [his  or  her]  SUCH
 EMPLOYEE'S position, the appointing authority shall notify such employee
 that  [he  or  she]  THEY may be placed on leave of absence. An employee
 placed on leave of absence pursuant to this section  shall  be  given  a
 written statement of the reasons therefor. Such notice shall contain the
 reason  for the proposed leave and the proposed date on which such leave
 is to commence, shall be made in writing and  served  in  person  or  by
 first  class,  registered  or  certified mail, return receipt requested,
 upon the employee. Such notice shall also inform the employee of [his or
 her] THEIR rights under this procedure. An employee shall be allowed ten
 working days from service of the notice to object to the  imposition  of
 the  proposed leave of absence and to request a hearing. The request for
 such hearing shall be filed by  the  employee  personally  or  by  first
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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