Fitness for Duty Evaluation: NY Civil Service Law Section 72

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

Short answer: a fitness for duty evaluation under Civil Service Law §72 asks whether a mental condition presently prevents a New York public employee from performing the duties of the position. It is a job-function opinion, not a diagnosis. 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

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