Connecticut General Statutes
Conn. Gen. Stat. § 5-244 (2026)
Transfer or separation from service due to disability. Reinstatement of sick leave upon reemployment
✓ current as of May 2026
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When an employee has become physically or mentally incapable of, or unfit for, the efficient performance of the duties of his or her position, by reason of infirmities due to advanced age or other disability, the appointing authority shall recommend to the Commissioner of Administrative Services that the employee be transferred to less arduous duties or separated from state service in good standing. Any employee who is separated from state service in good standing pursuant to the provisions of this section and is subsequently reemployed within one year from the date of such separation shall be eligible to reinstate any sick leave that was accrued as of the date of such employee's separation by repaying the entire amount of compensation such employee received as payment for such sick leave when he or she separated from state service. Such repayment shall be made in a lump sum not later than thirty days after the date of such employee's reemployment. If such payment is not received within thirty days of the date on which such employee was reemployed, such employee shall forfeit the right to reinstate his or her accrued sick leave.
(1967, P.A. 657, S. 52; P.A. 77-614, S. 66, 610; P.A. 13-247, S. 368.)
History: P.A. 77-614 replaced personnel commissioner with commissioner of administrative services; P.A. 13-247 added provisions re reinstatement of sick leave and made a technical change, effective July 1, 2013.
If state employee becomes mentally or physically incapable or unfit to perform his duties, he may be dismissed. 170 C. 668. Cited. 178 C. 438.
Cited. 13 CA 477; judgment reversed, see 210 C. 214; 27 CA 635.
Nothing in section requires an independent evaluation of plaintiff by the state. 50 CS 98.
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Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1976–2024 · leading case: State v. Council 4, 608 A.2d 718 (Conn. App. Ct. 1992).
State v. Council 4, 608 A.2d 718 (Conn. App. Ct. 1992). “The defendant argued that because Beaudry was a disabled employee, his discharge violated General Statutes § 5-244. 3 It argued further *638 that Beaudry’s discharge violated General Statutes § 46a-60 (a) (l).”
Riley v. State Employees' Ret. Comm'n, 423 A.2d 87 (Conn. 1979). “General Statutes § 5-244 provides as follows: “When an employee has become physically or mentally incapable of, or unfit for, the efficient performance of the duties of his position, by reason of infirmities due to advanced age or other disability, the appointing authority shall…”
Briggs v. State Employees Ret. Comm'n, 538 A.2d 225 (Conn. App. Ct. 1988). “In April, 1984, the hospital, acting pursuant to General Statutes § 5-244, 1 requested the personnel division of the state *479 department of administrative services to seek a position for the plaintiff requiring less arduous duties.”
Wagner v. Connecticut Pers. Appeal Bd., 368 A.2d 20 (Conn. 1976). “Pursuant to General Statutes § 5-244, if an employee becomes mentally or physically incapable or unfit to perform his duties, he can be separated from state service or transferred to less arduous duties upon recommendation of the appointing authority.”
Gardner v. Dept. of Mental Health & Addiction Servs., 223 Conn. App. 221 (Conn. App. Ct. 2024). “‘‘On October 4, 2019, the [department] sent a separa- tion letter to [the plaintiff] pursuant to General Statutes § 5-244. This letter indicated that, because she had been provided permanent restrictions by [Ashmead] that did not allow her to continue in her position at Whiting…”
Ruffin v. Dep't of Pub. Works, 914 A.2d 617 (Conn. Super. Ct. 2006). “The plaintiff alleges that her separation from state service violated General Statutes § 5-244 regarding transfer or separation from service because of infirmities due to the defendants’ failure to investigate her condition and availability to work and a failure to demonstrate…”
Motta v. Meachum, 969 F. Supp. 99 (D. Conn. 1997). “14 On or about October 19, 1993, Talbert sent a letter to DAS, requesting that the agency explore the possibility that plaintiff be transferred to a less arduous position, as provided in the State Personnel Act, Conn. Gen.Stat. § 5-244. (Stip-¶ HH.4). That same day, Talbert also…”
Ransome v. State, Jud. Branch, 73 A.3d 771 (Conn. App. Ct. 2013). “The principal issue in this case is whether this statute authorizes the workers’ compensation commissioner (commissioner) to order the reinstatement of an employee who, after having partially recovered from a workplace injury, was separated from state service pursuant to General…”
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