Bill > A05816

This bill amends the civil service law to modify the process for handling employee disability assessments, expanding the authority of hearing officers. Currently, when an appointing authority believes an employee cannot perform their job duties due to a disability, they can require a medical examination. The bill changes the procedural steps by giving the hearing officer more decision-making power. Specifically, the hearing officer will now make the final determination about an employee's leave of absence, instead of just making a recommendation to the appointing authority. The bill maintains important employee protections, such as the right to receive detailed documentation about the disability assessment, the ability to request a hearing within ten working days, and the right to be represented by counsel. The hearing must be conducted by an independent hearing officer, who cannot be an employee of the same authority as the employee in question. The bill ensures that a final determination about an employee's contested leave of absence must be made within 75 days, and the employee remains entitled to use accumulated sick leave, vacation, and other time allowances during this process. The legislation aims to provide more transparency and fairness in the handling of employee disability assessments.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A5816