In a significant update to New York State Civil Service Law (CSL) Section 72, Chapter 306 of the Laws of 2024 introduces new provisions that enhance transparency and procedural fairness for employees placed on involuntary leave for non-occupational disabilities. These changes, which take effect on January 1, 2025, outline clear guidelines for appointing authorities in managing fitness for duty examinations and related documentation.

Key Changes Under Chapter 306

1. Transparency in Fitness for Duty Referrals

Effective January 1, 2025, appointing authorities referring employees for fitness for duty examinations under CSL Section 72 must provide the employee with a complete copy of any written, electronic, or other communications shared with the medical officer or evaluating entity. This includes:

• Documentation directing the referral, such as completed medical referral forms.

• Supporting documentation used to substantiate claims that the employee is unable to perform their duties.

Importantly, these materials must be provided prior to the medical examination, ensuring employees are fully informed of the basis for their referral.

2. Immediate Removals from the Workplace

For urgent situations where an employee is removed from the workplace due to potential danger or severe interference with operations (CSL Section 72(5)):

• All relevant documentation must be provided to the employee before any medical examination or lab testing.

• When possible, this documentation should be shared at the time of removal. If not feasible, it must be provided no later than prior to the medical evaluation.

3. Confidentiality and Information Sharing

Chapter 306 requires the appointing authority to transmit the employee’s medical information to:

• The civil service department or commission having jurisdiction.

• The employee’s authorized representative.

However, to safeguard confidentiality, it is recommended that such information only be shared with the employee’s authorized representative if a newly signed authorization from the employee is obtained. This ensures sensitive medical information is not inadvertently disclosed to unions, co-workers, or other unauthorized individuals.

4. Documentation for Employees Placed on Leave

Employees placed on leave under CSL Section 72 must receive:

• A written statement explaining the reasons for their placement on leave.

• Copies of all documentation, reports, and records used during the fitness for duty examination.

• Reports and correspondence sent to the appointing authority following the medical evaluation.

This information can be provided by the medical officer or forwarded by the employer or civil service agency.

Ensuring Employee Access to Medical Records

Appointing authorities must inform medical officers when an employee has been placed on leave, enabling the medical officer to arrange for timely delivery of medical records to the employee. These records must be sent by regular, registered, or certified mail, even if the employee does not appeal the decision to be placed on leave.

Conclusion

The amendments introduced by Chapter 306 aim to enhance fairness, transparency, and confidentiality in the handling of fitness for duty examinations and related procedures under CSL Section 72. These changes reinforce the importance of clear communication and proper documentation, ensuring employees have access to the information necessary to understand and address their employment circumstances.

Appointing authorities and civil service agencies are encouraged to review their procedures to ensure compliance with these new requirements before January 1, 2025.

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