§ 72. Leave for ordinary disability. 1. When in the judgment of an\nappointing authority an employee is unable to perform the duties of such\nemployee's position by reason of a disability, other than a disability\nresulting from occupational injury or disease as defined in the workers'\ncompensation law, the appointing authority may require such employee to\nundergo a medical examination to be conducted by a medical officer\nselected by the civil service department or municipal commission having\njurisdiction. Written notice of the facts providing the basis for the\njudgment of the appointing authority that the employee is not fit to\nperform the duties of such employee's position, and copies of any\nwritten, electronic or other communication by the appointing authority\nto a medical officer or any other entity regarding the claim that such\nemployee is unable to perform their duties pursuant to this section,\nshall be provided to the employee, the authorized representative of such\nemployee and the civil service department or commission having\njurisdiction prior to the conduct of the medical examination. If, upon\nsuch medical examination, such medical officer shall certify that such\nemployee is not physically or mentally fit to perform the duties of such\nemployee's position, the appointing authority shall notify such employee\nthat they may be placed on leave of absence. An employee placed on leave\nof absence pursuant to this section shall be given a written statement\nof the reasons therefor and complete copies of all of the documentation,\nreports and records relied upon by the medical officer during their\nexamination, including any documents, reports and correspondence sent to\nthe appointing authority at the conclusion of the examination. Such\nnotice shall contain the reason for the proposed leave and the proposed\ndate on which such leave is to commence, shall be made in writing and\nserved in person or by first class, registered or certified mail, return\nreceipt requested, upon the employee. Such notice shall also inform the\nemployee of their rights under this procedure. An employee shall be\nallowed ten working days from service of the notice to object to the\nimposition of the proposed leave of absence and to request a hearing.\nThe request for such hearing shall be filed by the employee personally\nor by first class, certified or registered mail, return receipt\nrequested. Upon receipt of such request, the appointing authority shall\nsupply to the employee, such employee's personal physician or authorized\nrepresentative, copies of all diagnoses, test results, observations and\nother data supporting the certification, and imposition of the proposed\nleave of absence shall be held in abeyance until a final determination\nis made by the appointing authority as provided in this section. The\nappointing authority will afford the employee a hearing within thirty\ndays of the date of a request by the employee to be held by an\nindependent hearing officer agreed to by the appointing authority and\nthe employee except that where the employer is a city of over one\nmillion in population such hearing may be held by a hearing officer\nemployed by the office of administrative trials and hearings. If the\nparties are unable to agree upon a hearing officer, such hearing officer\nshall be selected by lot from a list of persons maintained by the state\ndepartment of civil service. The hearing officer shall not be an\nemployee of the same appointing authority as the employee alleged to be\ndisabled. The hearing officer shall be vested with all of the powers of\nthe appointing authority, and shall make a record of the hearing which\nshall, with such hearing officer's recommendation, be referred to the\nappointing authority for review and decision and which shall be provided\nto the affected employee free of charge. A copy of the transcript of the\nhearing shall, upon request of the employee affected, be transmitted to\nsuch e
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