N.Y. Civil Service Law § 136: Compensation of teachers in state institutions

§ 136. Compensation of teachers in state institutions. 1. The term

"teacher", for purposes of this section, means any employee of a state

facility or institution in the office of children and family services in

the executive department and in the departments of corrections and

community supervision, health, mental hygiene and social services

holding a position the principal duty of which is the teaching or

instruction of patients or incarcerated individuals, or the direct

supervision of such teaching or instruction, including an institution

education director, as determined by the department of civil service

subject to approval of the director of the budget.

2. The annual salary of a teacher shall be determined in accordance

with the provisions of this article. Commencing July first, two

thousand, the total salary which a teacher would otherwise be entitled

to receive for any year beginning on July first shall be paid over

either (a) a period of consecutive months beginning with the first day

of the facility's or institution's academic year, as determined by the

employer, and ending with the last day of the facility's or

institution's academic year, as determined by the employer or, in the

case of a teacher in the department of corrections and community

supervision, over a period of ten consecutive months designated by the

commissioner of corrections and community supervision or (b) a period of

twelve months from September first to August thirty-first. Any such

teacher who is required to work in his position or in any other position

allocated to a salary grade in section one hundred thirty of this

chapter in the period of time that is outside the facility's or

institution's academic year, as determined by the employer or, in the

case of a teacher in the department of corrections and community

supervision in the two month period outside of the ten consecutive

months designated by the commissioner of corrections and community

supervision shall receive additional compensation therefor. If such work

is performed in his regular position or title or in a position the title

of which is allocated to the same salary grade as his regular position,

he shall receive additional compensation therefor at the hourly rate of

pay received by him in his regular position. If such work is performed

in a position having a title allocated to a lower salary grade than the

salary grade to which the title of his regular position is allocated, he

shall receive additional compensation therefor at the hourly rate of pay

of the job rate of the grade of the position in which such work is

performed, or at such job rate plus the additional increment or

increments of such grade if he would be entitled to such additional

increment or increments were he then appointed to such position;

provided, however, that when such hourly rate exceeds the hourly rate of

pay received by him in his regular position, his additional compensation

shall be at the hourly rate of pay of his regular position. When such

work is performed in a position allocated to a salary grade higher than

the salary grade to which his regular position is allocated, he shall

receive additional compensation therefor at the hourly rate of pay of

the rate of compensation to which he would be entitled if he were

permanently promoted to the position in which such work is performed.

3. Teachers shall not be subject to the rules governing sick leaves,

vacations, time allowances and other conditions of employment in the

classified service of the state established pursuant to paragraph (c) of

subdivision one of section six of the civil service law. The director of

the office of children and family services, the commissioner of

corrections and community supervision, the commissioner of health, the

commissioner of mental health and the commissioner of social services,

respectively, shall adopt regulations for sick leaves, vacations, time

allowances and other conditions of employment which shall be applicable

to teachers under its or his jurisdiction and, notwithstanding any other

provision of law, such rules may provide for cash payment of the

monetary value of accumulated and unused vacation and time allowances

granted in lieu of overtime compensation standing to the credit of an

employee at the time of his separation from service or his entrance into

the armed forces of the United States for active duty (other than for

training) as defined in title ten of the United States code, whether or

not such entrance constitutes a separation from service, and for the

payment of the monetary value of his accumulated and unused time

allowances granted in lieu of overtime compensation standing to the

credit of an employee at the time of his appointment, promotion or

transfer to another department or agency of the state. Such rules shall

be subject to approval of the state civil service commission.

4. The provisions of this section shall be controlling,

notwithstanding any inconsistent provisions of this chapter or of the

state finance law or of any other law.