NY Civil Service Law §73 – Does a limited duty return to work break the continuous absence clock?

Location: New York State

Looking for some clarity on a §73 situation in New York.

Employee is a civil service title (non-work related injury, so §73 applies, not §71). They have been continuously absent for just under one year. The one-year mark is approaching.

Two specific questions:

1. Under §73, does a return to work in a limited or restricted duty capacity — before the one-year mark — break the continuous absence period and reset the clock to zero? I've seen language suggesting that under §73, unlike §71, any return in any capacity stops the clock. Can anyone confirm this is accurate?

2. The job description for this title uses discretionary "may" language for physically demanding tasks, while mandatory functions are primarily supervisory and operational in nature. If the employee can perform those core functions within at least one existing operational assignment, does that create a viable argument that the §73 "unable to perform the duties of the position" threshold is not met?

Employee is unionized and is in the process of engaging their union. Just looking for general legal perspective on these two questions before that meeting.

Appreciate any insight.