Section 71. Reinstatement after separation for disability  


Latest version.
  • Where an employee
      has  been separated from the service by reason of a disability resulting
      from  occupational  injury  or  disease  as  defined  in  the  workmen's
      compensation  law, he or she shall be entitled to a leave of absence for
      at least one year, unless his or her disability is of such a  nature  as
      to permanently incapacitate him or her for the performance of the duties
      of his or her position. Notwithstanding the foregoing, where an employee
      has  been separated from the service by reason of a disability resulting
      from an assault sustained in the course of his or her employment, he  or
      she  shall  be  entitled  to  a leave of absence for at least two years,
      unless his or her disability is of  such  a  nature  as  to  permanently
      incapacitate  him or her for the performance of the duties of his or her
      position. 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
      or  her  former  position,  he  or she shall be reinstated to his or her
      former position, if vacant, or to a vacancy in a similar position  or  a
      position in a lower grade in the same occupational field, or to a vacant
      position  for  which  he  or  she  was  eligible  for  transfer.  If  no
      appropriate vacancy shall exist to which 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 upon a preferred  list  for  his  or  her
      former  position, and he or she shall be eligible for reinstatement 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 or
      her former position, his or her name shall be placed  on  the  preferred
      eligible  list  for  his or her former position or any similar position.
      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.