Workers' Compensation Leave is not an available to an employee who has suffered a permanent job related injury or diseaseOATH Index No. 1774/18The appointing authority served disciplinary charges against an employee pursuant to §75 of the Civil Service Law alleging "medical incompetence based on the employee's "excessive use of sick leave due to job-related injuries." The penalty sought: termination.The employee argued that the disciplinary charges should be dismissed and that the matter converted to a disability leave proceeding within the meaning of §71 of the Civil Service Law. §71 mandates that leaves of absence, typically referred to as Workers' Compensation Leave, is to be given to an individual absent from work as the result of the individual having suffered an occupational illness or disease for specified cumulative limited periods of time "unless his or her disability is of such a nature as…
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