NY Civ Serv L § 136 (2021)
2021 New York Laws CVS - Civil Service Article 8 - Classification and Compensation of State Employees Title B - Salary Grades; Determination of Salaries 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.