N.Y. Civil Service Law § 71: Reinstatement after separation for disability

§ 71. Reinstatement after separation for disability. Where an employee

has been separated from the service by reason of a disability resulting

from occupational injury or disease as defined in the workmen's

compensation law, he or she shall be entitled to a leave of absence for

at least one year, unless his or her disability is of such a nature as

to permanently incapacitate him or her for the performance of the duties

of his or her position. Notwithstanding the foregoing, where an employee

has been separated from the service by reason of a disability resulting

from an assault sustained in the course of his or her employment, he or

she shall be entitled to a leave of absence for at least two years,

unless his or her disability is of such a nature as to permanently

incapacitate him or her for the performance of the duties of his or her

position. Such employee may, within one year after the termination of

such disability, make application to the civil service department or

municipal commission having jurisdiction over the position last held by

such employee for a medical examination to be conducted by a medical

officer selected for that purpose by such department or commission. If,

upon such medical examination, such medical officer shall certify that

such person is physically and mentally fit to perform the duties of his

or her former position, he or she shall be reinstated to his or her

former position, if vacant, or to a vacancy in a similar position or a

position in a lower grade in the same occupational field, or to a vacant

position for which he or she was eligible for transfer. If no

appropriate vacancy shall exist to which reinstatement may be made, or

if the work load does not warrant the filling of such vacancy, the name

of such person shall be placed upon a preferred list for his or her

former position, and he or she shall be eligible for reinstatement from

such preferred list for a period of four years. In the event that such

person is reinstated to a position in a grade lower than that of his or

her former position, his or her name shall be placed on the preferred

eligible list for his or her former position or any similar position.

This section shall not be deemed to modify or supersede any other

provisions of law applicable to the re-employment of persons retired

from the public service on account of disability.