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This entry was published on 2014-09-22
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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.