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Can My Employer Fire Me from My NYC Civil Service Position for Medical Reasons?

On Behalf of | May 29, 2020 | Civil Service Employees |

New York civil service medical separation lawyer

New York’s civil service laws provide enhanced job security that many employees in the public sector do not have. If you are recovering from an injury or a disability that will make you unable to work temporarily, you will not lose your job in most cases. However, Section 71-73 of the New York Civil Service Law dictates when an employer is allowed to terminate a civil service employee for medical reasons. If this happens to you, a skilled civil service attorney with years of experience can help you contest the termination and protect your rights.

Medical Separation

If you need to recover from a serious injury or disability, Section 71-73 gives you the right to a medical leave of absence for up to a year. If you were assaulted while working, you can take up to two years off. When a medical practitioner has determined that you are fit to work, you can be reinstated to your position.

Since this leave of absence can be so long, civil service employers will need to fill your position in many cases. Should this happen, Section 71 states that you should be given a similar job in the same field or for any position that you are qualified to transfer to. If there is no immediate vacancy for you to fill, you will be put on a preferred list, and you will be eligible for the next available and appropriate position for four years.

Contesting a Wrongful Termination

There are some cases in which civil service employers will misjudge the nature of your disability or will miscalculate the time you have been away from work. If a doctor permits you to work and you work even one day during those 365 days, you cannot be removed from your position because of the medical separation. Regardless of the reasons your employer could have to deem you unfit for your position, NYC civil service law gives you the right to a hearing.

Contact an NYC Civil Service Attorney

As a civil service employee, you deserve to protect the rights you have under Section 71-73. Even if you do not have a statement from your doctor yet but need an NYC civil service attorney to defend your medical separation rights, work with Attorney Joey Jackson. With years of experience protecting workers’ rights and a deep understanding of NYC civil service law, Mr. Jackson will aggressively defend your position. To schedule a consultation with JOEY JACKSON LAW, PLLC, call 1-833-JOEY-JAC or 833-563-9522.