Requiring an employee to undergo a medical examination to determine his or her fitness to properly perform his or her duties

Requiring an employee to undergo a medical examination to determine his or her fitness to properly perform his or her dutiesBrown v Bratton, 2018 NY Slip Op 07541, Appellate Division, First DepartmentSubdivision 1 of §72 of the Civil Service Law, Leave for ordinary disability, provides, in pertinent part, that "[w]hen in the judgment of an appointing authority an employee is unable to perform the duties of his or her position by reason of a disability, other than a disability resulting from occupational injury or disease as defined in the workers' compensation law, the appointing authority may require such employee to undergo a medical examination to be conducted by a medical officer selected by the civil service department or municipal commission having jurisdiction. Written notice of the facts providing the basis for the judgment of the appointing authority that the employee is not fit to perform the duties of his or her position shall be provided to the…

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