N.Y. Civ. Serv. Law § 81-a

§ 81-a. Reemployment rosters in the state service; certification and\nreinstatement therefrom. * 1. Establishment of reemployment rosters in\nthe state service; general provisions. The head of any department,\noffice or institution from which an employee in the state service is to\nbe suspended or demoted in accordance with the provisions of section\neighty or eighty-a of this article, shall, at least twenty days prior to\nsuch suspension or demotion, furnish the state civil service department\nwith a statement showing such employee's name, title or position, date\nof appointment, and the date of and reason for suspension or demotion.\nUpon such employee's suspension or demotion, it shall be the duty of the\ndepartment to place the name of such employee upon a reemployment roster\nfor filling vacancies in any comparable position as determined by the\ndepartment, except that employees suspended or demoted from positions in\nthe non-competitive and labor classes may not be certified to fill\nvacancies in the competitive class. Such reemployment roster shall be\ncertified for filling a vacancy in any such position before\ncertification is made from any other list, including a promotion\neligible list, but not prior to a preferred list. Eligibility for\nreinstatement of a person whose name appears on any such reemployment\nroster shall not continue for a period longer than four years from the\ndate of suspension or demotion provided, however, in no event shall\neligibility for reinstatement from a reemployment roster continue once\nthe person is no longer eligible for reinstatement from a preferred\nlist.\n * NB Effective until February 19, 2024\n * 1. Establishment of reemployment rosters in the state service;\ngeneral provisions. The head of any department, office or institution\nfrom which an employee in the state service is to be suspended or\ndemoted in accordance with the provisions of section eighty of this\narticle, shall, at least twenty days prior to such suspension or\ndemotion, furnish the state civil service department with a statement\nshowing such employee's name, title or position, date of appointment,\nand the date of and reason for suspension or demotion. Upon such\nemployee's suspension or demotion, it shall be the duty of the\ndepartment to place the name of such employee upon a reemployment roster\nfor filling vacancies in any comparable position as determined by the\ndepartment, except that employees suspended or demoted from positions in\nthe non-competitive and labor classes may not be certified to fill\nvacancies in the competitive class. Such reemployment roster shall be\ncertified for filling a vacancy in any such position before\ncertification is made from any other list, including a promotion\neligible list, but not prior to a preferred list. Eligibility for\nreinstatement of a person whose name appears on any such reemployment\nroster shall not continue for a period longer than four years from the\ndate of suspension or demotion provided, however, in no event shall\neligibility for reinstatement from a reemployment roster continue once\nthe person is no longer eligible for reinstatement from a preferred\nlist.\n * NB Effective February 19, 2024\n 2. Order of certification of names from a reemployment roster. The\nnames of persons on a reemployment roster shall be certified therefrom\nwith equal ranking for reinstatement.\n 3. Probationary term. All reinstatements from a reemployment roster\nshall require completion of a probationary term in accordance with rules\npromulgated by the commission pursuant to subdivision two of section\nsixty-three of this chapter.\n 4. Effect of reinstatement or failure or refusal to accept\nreinstatement. The commission shall adopt rules providing for the\nrelinquishment of eligibility for reinstatement upon reinstatement or\nupon failure or refusal to accept reinstatement from a preferred list or\na reemployment roster.\n * 5. Notwithstanding any other provision of this chapter, the\ndepartment may disqualify for reinstatement and remove from a\nreemployment roster the name of any otherwise eligible person who, by\nreason of physical or mental incapacity, is found to be unable to\nsatisfactorily perform the duties of the position for which such roster\nhas been established, or who has engaged in such misconduct as would\nwarrant his or her dismissal from public employment, except that a\nperson who is not completely physically incapacitated and who is\nsuspended or demoted pursuant to section eighty or eighty-a of this\narticle because his or her position has been abolished or reduced, but\nwho is certified for reinstatement to any position having the same\nphysical requirements as the position from which such person was\nsuspended or demoted, shall not be disqualified because of his or her\nincapacity, unless upon medical examination his or her incapacity has\nworsened to a degree that he or she would not be able to satisfactorily\nperform in such position. No person shall be disqualified pursuant to\nthis subdivision unless he or she is first given a written statement of\nthe reasons therefor and an opportunity to be heard at a hearing at\nwhich satisfactory proof of such reasons must be established by\nappropriate evidence, and at which such person may present independent\nevidence and be entitled to representation by counsel. The department\nshall designate a person to hold such hearing and report thereon.\n * NB Effective until February 19, 2024\n * 5. Notwithstanding any other provision of this chapter, the\ndepartment may disqualify for reinstatement and remove from a\nreemployment roster the name of any otherwise eligible person who, by\nreason of physical or mental incapacity, is found to be unable to\nsatisfactorily perform the duties of the position for which such roster\nhas been established, or who has engaged in such misconduct as would\nwarrant their dismissal from public employment, except that a person who\nis not completely physically incapacitated and who is suspended or\ndemoted pursuant to section eighty of this article because their\nposition has been abolished or reduced, but who is certified for\nreinstatement to any position having the same physical requirements as\nthe position from which such person was suspended or demoted, shall not\nbe disqualified because of their incapacity, unless upon medical\nexamination their incapacity has worsened to a degree that they would\nnot be able to satisfactorily perform in such position. No person shall\nbe disqualified pursuant to this subdivision unless they are first given\na written statement of the reasons therefor and an opportunity to be\nheard at a hearing at which satisfactory proof of such reasons must be\nestablished by appropriate evidence, and at which such person may\npresent independent evidence and be entitled to representation by\ncounsel. The department shall designate a person to hold such hearing\nand report thereon.\n * NB Effective February 19, 2024\n 6. Notwithstanding any other provision of this chapter, any person may\nvoluntarily remove his or her name from a reemployment roster by\napplication to the department.\n