S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5816
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Subdivision  1 of section 72 of the civil service law, as
 amended by chapter 306 of the laws  of  2024,  is  amended  to  read  as
 follows:
   1. When  in  the  judgment  of  an appointing authority an employee is
 unable to perform the duties of such employee's position by reason of  a
 disability,  other  than a disability resulting from occupational 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  depart-
 ment  or municipal commission having jurisdiction. Written notice of the
 facts providing the basis for the judgment of the  appointing  authority
 that  the  employee  is not fit to perform the duties of such employee's
 position, and copies of any written, electronic or  other  communication
 by  the  appointing  authority  to a medical officer or any other entity
 regarding the claim that such employee is unable to perform their duties
 pursuant to this section, shall be provided to the employee, the author-
 ized representative of such employee and the civil service department or
 commission having jurisdiction prior to the conduct of the medical exam-
 ination. If, upon such medical examination, such medical  officer  shall
 certify  that such employee is not physically or mentally fit to perform
 the duties of such employee's position, the appointing  authority  shall
 notify  such  employee  that  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 and complete copies of
 all of the documentation, reports and records relied upon by the medical
 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
 
 correspondence sent to the appointing authority at the conclusion of the
 examination. 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 certi-
 fied mail, return receipt requested,  upon  the  employee.  Such  notice
 shall  also inform the employee of 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  class,  certified  or registered mail, return
 receipt requested. Upon receipt of such request, the appointing authori-
 ty shall supply to the employee, such employee's personal  physician  or
 authorized representative, copies of all diagnoses, test results, obser-
 vations  and  other data supporting the certification, and imposition of
 the proposed leave of absence shall be held in abeyance  until  a  final
 determination  is  made  by the appointing authority as provided in this
 section. The appointing authority will afford  the  employee  a  hearing
 within  thirty  days of the date of a request by the employee to be held
 by an independent hearing officer agreed to by the appointing  authority
 and  the  employee  except that where the employer is a city of over one
 million in population such hearing may be  held  by  a  hearing  officer
 employed  by  the  office  of administrative trials and hearings. If the
 parties are unable to agree upon a hearing officer, such hearing officer
 shall be selected by lot from a list of persons maintained by the  state
 department of civil service. The hearing officer shall not be an employ-
 ee  of the same appointing authority as the employee alleged to be disa-
 bled. The hearing officer shall be vested with all of the powers of  the
 appointing  authority,  and  shall  make  a  record of the hearing which
 shall, with such hearing officer's [recommendation, be referred  to  the
 appointing  authority  for  review  and]  decision  [and which shall] be
 provided to the affected employee free of charge. A copy  of  the  tran-
 script  of  the hearing shall, upon request of the employee affected, be
 transmitted to such employee without charge. The employee may be repres-
 ented at any hearing by counsel or a representative of  a  certified  or
 recognized  employee  organization  and  may present medical experts and
 other witnesses or evidence. The employee shall be entitled to a reason-
 able period of time to obtain such representation. The burden of proving
 mental or physical unfitness shall  be  upon  the  person  alleging  it.
 Compliance  with technical rules of evidence shall not be required. [The
 appointing authority will render a final determination within ten  work-
 ing  days  of  the  date  of receipt of the hearing officer's report and
 recommendation. The appointing authority may either uphold the  original
 proposed  notice of leave of absence, withdraw such notice or modify the
 notice as appropriate.] In  any  event,  a  final  determination  of  an
 employee's  contest of a notice of leave shall be rendered within seven-
 ty-five days of the receipt of the request for review.  An  employee  on
 such  leave of absence shall be entitled to draw all accumulated, unused
 sick leave, vacation, overtime and other  time  allowances  standing  to
 such  employee's  credit.  The [appointing authority] HEARING OFFICER in
 the final determination shall notify the  APPOINTING  AUTHORITY  OR  THE
 employee  of  such employee's right to appeal from such determination to
 the civil service commission  having  jurisdiction  in  accordance  with
 subdivision three of this section.
   § 2. This act shall take effect immediately.