Employee’s psychiatric problems rather than misconduct leads to a recommendation that the employee be placed on Section 72 leave for disability

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Employee’s psychiatric problems rather than misconduct leadsto a recommendation that the employee be placed on Section 72 leave fordisabilityNew York City  Human Resources Admin. v. Anonymous, OATH Index No. 1781/12 
An employee diagnosed with multiple psychiatric problems wasfound unfit to perform the duties of the position due to being frequentlyunable to interact with co-workers and supervisors without engaging indisruptive, angry, and sometimes “frightening behavior.”
OATH Administrative Law Judge Faye Lewis found that theemployer had made efforts to modify the duties of the position but theindividual’s behavior “was persistently disruptive.”
After considering the disciplinary charges filed against the individual, Judge Lewis recommended that the employee be placed on aninvoluntary leave of absence pursuant to §72 of the Civil Service Law. [Presumablythe ALJ was referring to placing the employee on such leave pursuant to §72.5of the Civil Service Law.*]
As the ALJ determined that the employee’s actsthat caused disciplinary charges to be served were the result of a disability,she found that the charges of misconduct filed against the individual were notsustained.
* An individual placed onsuch leave subsequently terminated from the position pursuant to §73 of theCivil Service Law may apply for reinstatement within one year of his or herbeing found physically and mentally fit to resume performing the duties of  his or her position.
The decision is posted on the Internet at:http://archive.citylaw.org/oath/12_Cases/12-1781.pdf