Fitness-for-Duty Evaluations of New York Public Employees: What Civil Service Law §72 Actually Requires

Stephan M. Carlson, MD, MBA, FAPA · Employment and Fitness

A §72 fitness-for-duty referral asks one disciplined question: does a mental condition presently prevent this employee from performing the duties of this position? The opinions that fail are the ones that diagnose the employee and never connect the diagnosis to the work. What Civil Service Law §72 actually authorizes When a New York public employer believes an employee cannot perform the duties of the job because of a disability that is not the result of an occupational injury, the governing mechanism is Civil Service Law §72. The statute lets the appointing authority require the employee to submit to a medical examination conducted by a medical officer selected by the state or municipal civ

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