N.Y. Civil Service Law § 73: Separation for ordinary disability; reinstatement

§ 73. Separation for ordinary disability; reinstatement. When an

employee has been continuously absent from and unable to perform the

duties of his position for one year or more by reason of a disability,

other than a disability resulting from occupational injury or disease as

defined in the workmen's compensation law, his employment status may be

terminated and his position may be filled by a permanent appointment.

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

former position, he shall be reinstated to his former position, if

vacant, or to a vacancy in a similar position or a position in a lower

grade in the same occupational field in his former department or agency.

If no appropriate vacancy shall exist to which such 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 on a preferred list for his

former position in his former department or agency, and he shall be

eligible for reinstatement in his former department or agency 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 former

position, his name shall be placed on the preferred eligible list for

his former position or any similar position in his former department or

agency. 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.