§ 136 — Compensation of teachers in state institutions

§ 136. Compensation of teachers in state institutions. 1. The term\n"teacher", for purposes of this section, means any employee of a state\nfacility or institution in the office of children and family services in\nthe executive department and in the departments of corrections and\ncommunity supervision, health, mental hygiene and social services\nholding a position the principal duty of which is the teaching or\ninstruction of patients or incarcerated individuals, or the direct\nsupervision of such teaching or instruction, including an institution\neducation director, as determined by the department of civil service\nsubject to approval of the director of the budget.\n 2. The annual salary of a teacher shall be determined in accordance\nwith the provisions of this article. Commencing July first, two\nthousand, the total salary which a teacher would otherwise be entitled\nto receive for any year beginning on July first shall be paid over\neither (a) a period of consecutive months beginning with the first day\nof the facility's or institution's academic year, as determined by the\nemployer, and ending with the last day of the facility's or\ninstitution's academic year, as determined by the employer or, in the\ncase of a teacher in the department of corrections and community\nsupervision, over a period of ten consecutive months designated by the\ncommissioner of corrections and community supervision or (b) a period of\ntwelve months from September first to August thirty-first. Any such\nteacher who is required to work in his position or in any other position\nallocated to a salary grade in section one hundred thirty of this\nchapter in the period of time that is outside the facility's or\ninstitution's academic year, as determined by the employer or, in the\ncase of a teacher in the department of corrections and community\nsupervision in the two month period outside of the ten consecutive\nmonths designated by the commissioner of corrections and community\nsupervision shall receive additional compensation therefor. If such work\nis performed in his regular position or title or in a position the title\nof which is allocated to the same salary grade as his regular position,\nhe shall receive additional compensation therefor at the hourly rate of\npay received by him in his regular position. If such work is performed\nin a position having a title allocated to a lower salary grade than the\nsalary grade to which the title of his regular position is allocated, he\nshall receive additional compensation therefor at the hourly rate of pay\nof the job rate of the grade of the position in which such work is\nperformed, or at such job rate plus the additional increment or\nincrements of such grade if he would be entitled to such additional\nincrement or increments were he then appointed to such position;\nprovided, however, that when such hourly rate exceeds the hourly rate of\npay received by him in his regular position, his additional compensation\nshall be at the hourly rate of pay of his regular position. When such\nwork is performed in a position allocated to a salary grade higher than\nthe salary grade to which his regular position is allocated, he shall\nreceive additional compensation therefor at the hourly rate of pay of\nthe rate of compensation to which he would be entitled if he were\npermanently promoted to the position in which such work is performed.\n 3. Teachers shall not be subject to the rules governing sick leaves,\nvacations, time allowances and other conditions of employment in the\nclassified service of the state established pursuant to paragraph (c) of\nsubdivision one of section six of the civil service law. The director of\nthe office of children and family services, the commissioner of\ncorrections and community supervision, the commissioner of health, the\ncommissioner of mental health and the commissioner of social services,\nrespectively, shall adopt regulations for sick leaves, vacations, time\nallowances and other conditions of employment which shall be applicable\nto teachers under its or his jurisdiction and, notwithstanding any other\nprovision of law, such rules may provide for cash payment of the\nmonetary value of accumulated and unused vacation and time allowances\ngranted in lieu of overtime compensation standing to the credit of an\nemployee at the time of his separation from service or his entrance into\nthe armed forces of the United States for active duty (other than for\ntraining) as defined in title ten of the United States code, whether or\nnot such entrance constitutes a separation from service, and for the\npayment of the monetary value of his accumulated and unused time\nallowances granted in lieu of overtime compensation standing to the\ncredit of an employee at the time of his appointment, promotion or\ntransfer to another department or agency of the state. Such rules shall\nbe subject to approval of the state civil service commission.\n 4. The provisions of this section shall be controlling,\nnotwithstanding any inconsistent provisions of this chapter or of the\nstate finance law or of any other law.\n