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Civil Service Law §72 disability leave hearings conducted by the NYC Office of Administrative Trials and Hearings

Civil Service Law §72 disability leave hearings conducted by the NYC Office of Administrative Trials and Hearings *
NYC Housing Authority v Anonymous, OATH Index # 1055/10
NYC Human Resources Administration v Anonymous, OATH Index #1613/10

In the NYC Housing Authority Civil Service Law §72 disability leave proceeding, an OATH Administrative Law Judge found that the Authority had established that Anonymous, an analyst with the Authority, was unfit to perform the duties of the position due to a mental disability.

Housing, said the ALJ, presented evidence demonstrating that the analyst's thought processes were disordered and dysfunctional,and that Anonymous exhibited various signs of psychosis, including irrational fears of co-workers and equally irrational fears of the individual?s own skills and achievements.

While the analyst contended that she was seeking treatment for the condition by consulting with a chiropractor, ALJ John Spooner found that there was no support to conclude that such alternative treatment was intended to or would improve her mental functions.

This decision is posted on the Internet at: http://archive.citylaw.org/oath/10_Cases/10-1055.pdf

In another disability proceeding referred to OATH by the NYC Human Resources Administration pursuant to §72 of the Civil Service Law, OATH Administrative Law Judge recommended that the employee be placed on an involuntary leave of absence after finding that the individual suffered from paranoia rendering her unable to perform her job.

ALJ Lewis noted that if the respondent was to seek psychiatric treatment and improve, she may then be able to return to work within the year.

This decision is posted on the Internet at: http://archive.citylaw.org/oath/10_Cases/10-1613.pdf

* Section 72 applies in the event an employee suffers an "ordinary disability," i.e., a disability unrelated to any occupational injury or disease. In contrast, Civil Service Law Section 71 -- Workers' Compensation Leave -- provides for leaves of absences required as a result of an occupational injury or disease as defined in the Workers' Compensation Law.

An employee placed on a Section 72.5 involuntary leave of absence is entitled to use all accumulated unused sick leave, vacation, overtime and other time allowances standing to his or her credit in order to remain on the payroll. If the employee declines to use his or her accumulated leave credits in order to remain on the payroll, or having elected to remain on the payroll, exhausts his or her accumulated leave credits, he or she is placed in leave without pay status.

Full post as published by New York Public Personnel Law on April 29, 2010 (boomark / email).