Medical Separation and Discipline for Civil Service Workers in New York

 Posted on March 05, 2024 in Civil Service Employment and Job Defense

Working as a civil service employee in New York comes with a unique set of challenges. While tenured civil service employees can receive protection against the loss of their jobs, there are some situations where employees may face termination due to medical separation or disciplinary action. These situations can create anxiety, uncertainty, and financial pressures, and it is essential for civil service employees to understand the steps they can take to protect themselves and avoid a potential loss of income. Contact a lawyer for the assistance you need today.

Medical Separation

In cases where civil service employees have disabilities or other medical conditions that prevent them from performing their duties, employers may seek to terminate their employment. A leave of absence may be required if an employee cannot fully perform the duties of their position, and if a person has been unable to work for a continuous period of 365 days, the employer may seek a termination. These cases may be handled differently depending on whether an injury or illness was work-related or whether a person has experienced an "ordinary disability." Employees who have been terminated or required to take a leave of absence may seek reinstatement within one year of medical separation.

Disciplinary Action

An employer may seek to impose discipline on an employee as punishment for violating rules or policies or because of incompetence. Any action by an employer to impose sanctions on an employee must be in compliance with the New York Civil Service Law. Some common reasons for disciplinary action include absenteeism, misconduct, insubordination, abuse of power, poor performance, or unethical behavior.

Legal and Procedural Issues

In both medical separation and disciplinary cases, employers must follow a specific set of guidelines. These guidelines give employees due process, ensuring they will not be punished unfairly or terminated without cause. In disciplinary actions, the employee must be notified in writing of the charges against them, and they will have the right to be represented by legal counsel during investigations, interviews, and disciplinary hearings. They may also appeal adverse decisions. In medical separation cases, examinations must be performed by approved medical officers. If an employer fails to comply with the guidelines provided in the New York Civil Service Law, an employee may have recourse, including being reinstated to their former position or being compensated for income lost due to an improper suspension, termination, or forced leave of absence.

Possible Outcomes for Civil Service Employees

The outcomes of medical separation cases and disciplinary investigations will depend on the unique circumstances of a situation. In medical separation cases, an employee may receive a medical examination, and if they are determined to be unfit to perform the duties of their position, they may be required to take a leave of absence. In cases involving occupational disabilities, an employee may be entitled to receive workers' compensation benefits during their leave of absence, but disability benefits may not be available if an injury or disability is determined to be unrelated to a person's work. In disciplinary cases, penalties may range from minor sanctions, like a reprimand, to major consequences such as demotion, suspension without pay, or dismissal.

Contact Our New York City, NY Civil Service Employee Defense Attorney

Medical separation and disciplinary investigations are challenging issues that can affect civil service employees, and they could potentially result in the loss of the income and benefits a person needs. Fortunately, employees can protect their rights by working with an experienced attorney who can advise them of the steps they can take to avoid termination or minimize the penalties they may face. At The Law Firm of Gregory J. Watford, Esq., PLLC, our Bronx, NY civil service employee defense lawyer can provide effective representation in these situations. To learn more about how we can assist you as a civil service employee, contact us at 646-580-6675.