Leave for Disability

Length of Leave
CSL § 71
CSR § 5.9
Any employee who is disabled due to an injury that is compensable under the Workers' Compensation Law is entitled to a cumulative leave of absence, while actually disabled, for a period of one year or, if disabled due to an assault on the job for a period of two years, unless the employee is found to be permanently disabled from performing the duties of the job. The employee may be separated upon expiration of the leave, or upon a finding of permanent inability to perform the job duties. However, the employee has a right to a hearing to challenge a refusal to permit return to duty, or a proposed discharge upon exhaustion of leave or finding of permanent disability. After separation, the employee may apply within one year of recovery, for reinstatement to his/her former job, or a similar job for which he/she is qualified. If he/she is found fit to perform the duties of his/her former position, but no appropriate vacancy shall exist, or if the workload does not warrant filling such vacancy, his/her name shall be placed upon a preferred list.
Medical Examinations
CSL § 72.1
An appointing officer may have reasonable grounds to believe that an employee is unable to perform the duties of his/her position due to a physical or mental disability resulting from circumstances other than occupational injury or disease. If so, the appointing officer may require a medical examination of the employee, after giving the employee written notice of the facts that led to this conclusion. Upon examination, if the medical officer certifies that the employee is not physically or mentally fit to perform the job duties, the appointing authority will notify the employee in writing. The employee has the right to request a hearing to appeal the determination. Except where the employee's continued presence on the job presents a potential danger or would severely interfere with operations--in which case the employee may be placed on leave immediately--an employee is kept on the job until a final determination is made after a hearing or the end of the appeal process, whichever is later. The employee who refuses to submit to an examination is considered insubordinate, and this can be the basis for disciplinary action.
CSL § 73 An employee placed on leave pursuant to CSL Section 72 or who is voluntarily on leave by reason of a non-occupational injury or disease, may be terminated after a continuous absence of one year. An employee may, within one year of the termination of the disability, apply for reinstatement. If the person is found mentally and physically able to return to work, but an appropriate position is not available, the individual will be placed on a preferred list.

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