Placing an employee on disability leave pursuant to Civil Service Law Section 72

Placing an employee on disability leave pursuant to Civil Service Law Section 72Jimenez-Reyez' v State of New York, 2018 NY Slip Op 05649, Appellate Division, Third Department§72 of the Civil Service Law provides for the placement of an employee unable to perform the duties of his or her position as the result on an injury or disease that is not "job related" on leave without pay.* The employee, however, may elect to use his or her leave credits to remain on the payroll until such leave credits are exhausted.The basics with respect to placing an employee on disability leave pursuant to §72, except where the appointing authority determines that the individual's continued presence at the job site constitutes a danger to the individual or to his or her coworkers or agency clients within the meaning of §72.5 of the Civil Service Law, are as follows:1. An employee may not be place on §72 leave until employee has been examined by a physician…

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