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complete the medical examination is attributable to the employee’s failure

to appear for the examination or the employee’s refusal to allow it to be

held.
(c) If, following the employee’s examination, the appointing authority’s

physician does not approve the employee’s return to work, the employee
shall be placed in the appropriate leave status in accordance with the

Attendance Rules. Once a determination has been made that an employee
may not return to work, further examinations pursuant to this Article shall

not be required more often than once a month; provided, however, where
the appointing authority’s physician has specified a date for a further

examination or a date when the employee may return to work the State
shall not be required to conduct an examination prior to such date. Where

the appointing authority’s physician has not set either a date for further
examination or a date upon which the employee may return to work, the

employee may submit a further statement from the employee’s physician
and the provisions of this Article shall again be applicable. The provisions

of this Article shall not be construed to limit or otherwise affect the
applicability of Section 73 of the Civil Service Law.

(d) When, in accordance with the provisions of this Article, the State
exercises its right to require an employee to be examined by a physician

selected by the appointing authority, the employee shall be entitled to
reimbursement for actual and necessary expenses incurred as a result of

travel in connection with such examination, including transportation costs,
meals and lodging, in accordance with the Comptroller’s rules and

regulations pertaining to travel expenses.
§10.20 Use of Leave

An employee’s absence from work which would normally be approved
as sick leave and charged against sick leave credits shall, at the employee’s

request, be charged against other leave credits if the employee has

exhausted sick leave accruals unless prior notice is provided and the denial
is based on a review of the employee’s attendance record. Such request
shall not be routinely or arbitrarily denied.

(a) Absences resulting from treatment of service-connected disabilities at

a facility operated by the Veterans Administration shall represent an
appropriate charge to sick leave credits and shall not be subject to review

under absenteeism control programs.

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