New York Consolidated Laws

N.Y. Civil Service Law § 71 (2026)

Reinstatement after separation for disability

✓ current as of May 2026

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§ 71. Reinstatement after separation for disability. Where an employee
has been separated from the service by reason of a disability resulting
from occupational injury or disease as defined in the workmen's
compensation law, he or she shall be entitled to a leave of absence for
at least one year, unless his or her disability is of such a nature as
to permanently incapacitate him or her for the performance of the duties
of his or her position. Notwithstanding the foregoing, where an employee
has been separated from the service by reason of a disability resulting
from an assault sustained in the course of his or her employment, he or
she shall be entitled to a leave of absence for at least two years,
unless his or her disability is of such a nature as to permanently
incapacitate him or her for the performance of the duties of his or her
position. Such employee may, within one year after the termination of
such disability, make application to the civil service department or
municipal commission having jurisdiction over the position last held by
such employee for a medical examination to be conducted by a medical
officer selected for that purpose by such department or commission. If,
upon such medical examination, such medical officer shall certify that
such person is physically and mentally fit to perform the duties of his
or her former position, he or she shall be reinstated to his or her
former position, if vacant, or to a vacancy in a similar position or a
position in a lower grade in the same occupational field, or to a vacant
position for which he or she was eligible for transfer. If no
appropriate vacancy shall exist to which reinstatement may be made, or
if the work load does not warrant the filling of such vacancy, the name
of such person shall be placed upon a preferred list for his or her
former position, and he or she shall be eligible for reinstatement from
such preferred list for a period of four years. In the event that such
person is reinstated to a position in a grade lower than that of his or
her former position, his or her name shall be placed on the preferred
eligible list for his or her former position or any similar position.
This section shall not be deemed to modify or supersede any other
provisions of law applicable to the re-employment of persons retired
from the public service on account of disability.

Notes of Decisions

Cited in 77 cases (17 in the last 5 years), 1986–2025 · leading case: Matter of Froehlich v. New York State Dept. of Corr. & Cmty. Supervision, 2020 NY Slip Op 652 (N.Y. App. Div. 2020).

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Matter of Froehlich v. New York State Dept. of Corr. & Cmty. Supervision, 2020 NY Slip Op 652 (N.Y. App. Div. 2020). · cites it 11× “), entered December 19, 2018 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner a two-year leave of absence pursuant to Civil Service Law § 71. On August 2, 2017,…”

Allen v. Howe, 645 N.E.2d 720 (NY 1994). · cites it 9× “Civil Service Law § 71 entitles an employee disabled by an occupational injury to a leave of absence for at least one year, unless the injury permanently disables the employee from the performance of work duties.”

Lazzari v. Town of Eastchester, 981 N.E.2d 777 (NY 2012). · cites it 20× “The Town of Eastchester and Westchester County have squabbled in and out of court for five years over whether the County’s Department of Human Resources was required to provide the Town with documentation of an employee’s fitness *219 to resume work before the Town reinstated…”

Allen v. Howe, 194 A.D.2d 1 (N.Y. App. Div. 1993). · cites it 10× “On September 6, 1991, she was notified that she would be terminated from employment on October 19,1991, pursuant to Civil Service Law § 71 and 4 NYCRR 5.9, if she was unable to return to work "due to [the] completion of one cumulative year of absence”.”

Greenberg v. New York City Transit Auth., 336 F. Supp. 2d 225 (E.D.N.Y 2004). · cites it 4× “Defendant further argues that this policy was based on an interpretation of Civil Service Law § 71. (Id. at 10). In support of its contention that the TA did not regard plaintiff as disabled when making the decision to terminate, defendant states that Jill Johnsen, the Assistant…”

Matter of Dunson v. New York State Dept. of Corr. & Cmty. Supervision, 2020 NY Slip Op 06429 (N.Y. App. Div. 2020). · cites it 5× “), entered September 23, 2019 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner a two-year leave of absence pursuant to Civil Service Law § 71. Petitioner Tamiko…”

Matter of Maloy v. New York State Dept. of Corr. & Cmty. Supervision, 2020 NY Slip Op 06830 (N.Y. App. Div. 2020). · cites it 5× “), entered May 22, 2019 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination denying petitioner a two-year leave of absence pursuant to Civil Service Law § 71. Petitioner worked as a correction officer…”

Matter of Williams v. New York State Dept. of Corr. & Cmty. Supervision, 2022 NY Slip Op 07280 (N.Y. App. Div. 2022). · cites it 12× “While restraining an incarcerated individual, one of petitioner's fingers was fractured and, after remaining on occupational disability leave for more than two years, he was terminated as a matter of law ( see Civil Service Law § 71; 4 NYCRR 5.9 [c] [1]).”

Gentile v. Nulty, 769 F. Supp. 2d 573 (S.D.N.Y. 2011). · cites it 2× “N.Y. Civil Service Law § 71 provides, in relevant part, that "[w]here an employee has been separated from the service by reason of a disability resulting from an assault sustained in the course of his or her employment, he or she shall be entitled to a leave of absence for at…”

Croons v. New York State Off. of Mental Health, 18 F. Supp. 3d 193 (N.D.N.Y. 2014). · cites it 2× ““An employer’s decision to terminate an employee pursuant to Civil Service Law § 71 is a legitimate, non-discriminatory reason for an employee’s termination.”

Walker v. State Univ. of New York, 19 A.D.3d 1058 (N.Y. App. Div. 2005). · cites it 2× “” Petitioner took a leave of absence due to the disabling injuries she sustained, but respondents terminated her employment after her leave of absence exceeded one year (see generally Civil Service Law § 71). Petitioner contended that the disability resulted from an assault…”

Dechberry v. New York City Fire Dep't, 124 F. Supp. 3d 131 (E.D.N.Y 2015). “Civil Service Law § 71 governs the reinstatement of employment after separation for disability and provides that an employer may "medically separate an employee,” when that employee's leave of absence exceeds on year.”

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