Bill > S04901

This bill modifies the civil service law to expand the authority of hearing officers when an employee is deemed unable to perform their job duties due to a disability. Specifically, the bill changes the process by which an employee can be placed on leave of absence for medical reasons. Under the new provisions, when an appointing authority believes an employee cannot perform their duties due to a disability, they must provide written notice to the employee and their representative before conducting a medical examination. If a medical officer certifies the employee is unfit, the employee can request a hearing within ten working days. The hearing will be conducted by an independent hearing officer who is not an employee of the same appointing authority. Importantly, the bill shifts the final decision-making power from the appointing authority to the hearing officer, who will make a record of the hearing and provide a decision directly to the affected employee. The hearing officer will have full powers to review the case, and the employee has the right to be represented by counsel, present medical experts, and challenge the allegations of unfitness. The bill ensures that a final determination must be made within 75 days of the review request, and the employee can continue to draw accumulated leave during this period.

Budget and Finance, Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S4901