2006 New York Code - 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  division  for youth in the executive
  department and in the  departments  of  correctional  services,  health,
  mental hygiene and social services holding a position the principal duty
  of  which  is the teaching or instruction of patients or inmates, 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 correctional services, over a
  period of ten consecutive  months  designated  by  the  commissioner  of
  correctional  services  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
  correctional services in  the  two  month  period  outside  of  the  ten
  consecutive  months  designated  by  the  commissioner  of  correctional
  services 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 subdivision  one
  (c)  of  section  six  of  the  civil  service  law. The director of the
  division for youth,  the  commissioner  of  correctional  services,  the
  commissioner  of  health,  the  commissioner  of  mental hygiene 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.