There is a lot of speculation and confusion as to how long an MTA employee can get off of work following and assault or injury on duty. The Transit Authority may pressure you to come back before your time and even threaten you with being fired, but one thing is for certain, the Transit Authority isn’t bigger than the law.
LENGTH OF LEAVE (Article 71)
Any employee who is disabled due to an injury that is compensable under the Workers’ Compensation Law is entitled to a cumulative leave of absence, while actually disabled, for a period of one year or, if disabled due to an assault on the job for a period of two years, unless the employee is found to be permanently disabled from performing the duties of the job.
The employee may be separated upon expiration of the leave, or upon a finding of permanent inability to perform the job duties. However, the employee has a right to a hearing to challenge a refusal to permit return to duty, or a proposed discharge upon exhaustion of leave or finding of permanent disability. After separation, the employee may apply within one year of recovery, for reinstatement to his/her former job, or a similar job for which he/she is qualified.
If he/she is found fit to perform the duties of his/her former position, but no appropriate vacancy shall exist, or if the workload does not warrant filling such vacancy, his/her name shall be placed upon a preferred list.
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