Section 12.1. SALARY SCHEDULE CONDITIONS.

The salary of the persons employed by the board on the instructional staff shall be not less than those prescribed in the schedules approved in an agreement entered into after collective negotiations. Where a title is not covered by any collective negotiation agreement, but is payable from the city expense budget for the City University of New York, the schedule shall be as approved by the board and consented to by the mayor. Such salaries shall be subject to the following conditions:

1. The annual increments for all positions on the instructional staff shall be added on January first of each succeeding year, except that in the community colleges, the annual increments for positions on the instructional staff shall be added on January first or September first of each succeeding year following at least ten months of service.

2. In schedules where annual increments are specified, the board nevertheless reserves the right to assign fixed salaries to appointees in special cases, to vote larger increments in special cases, when in its judgment the nature of the duties or the character of the services renders such action just, or to withhold annual increments from any members of the staff whose services for any year are unsatisfactory.

3. In schedules where no annual increments are specified, the specific salary of an incumbent shall be fixed at the minimum rate, or the maximum rate, or between, by resolution of the board, action being taken with due consideration for the duties to be discharged, prevailing rates of compensation for one discharging such duties, and the qualifications, training and experience of the incumbent.

Section 12.2.

Whenever any compensation, in addition to the regular annual salary, is authorized to be paid to a member of any college, university, or board staff from enterprises in any way connected with the college, university, or board, such compensation shall not be continued beyond one year unless reported to and specifically renewed by the board.

Section 12.3.

The compensation of temporary and other employees not on the instructional staff shall be fixed at such salaries as the board may determine except that with respect to positions for which salary schedules have heretofore been established by the board, such salaries shall be in accordance with such salary schedules as the board may establish with the approval of the mayor, or in accordance with such salary allocations as are appropriate under the career and salary plan. The board may make appointments to any position on a part-time basis with corresponding fractional salary or compensation except where prohibited by existing collective bargaining agreements.

Section 12.4. SALARY SUPPLEMENTS.

The salary of the chancellor, deputy chancellor, vice chancellor, university administrator, university associate administrator, university assistant administrator, president, vice president, assistant vice president, university dean, university associate dean, university assistant dean, dean, associate dean, assistant dean, administrator, associate administrator, and assistant administrator shall be that of the instructional staff title held supplemented in such sum as may be determined by the board.

Section 12.5. SALARY SCHEDULE FOR PERSONS WITH ADVANCED STUDY OR DEGREES.

Where, as the result of an agreement entered into after collective negotiations, there is specified that persons in certain titles shall receive compensation on a double asterisked schedule (**) if they have advanced study or degrees over and above those required for the position held, the following shall be acceptable as meeting such requirements:

1. The person appointed thereto holds an approved doctorate degree issued by a recognized college or university; or

2. The person appointed thereto holds an approved master's degree issued by a recognized college or university and who, beyond such degree, has completed 30 semester hours of approved study; or

3. The person appointed thereto holds an approved baccalaureate degree issued by a recognized college or university and who, beyond such degree, has completed 60 semester hours of approved study.

Section 13.1. SABBATICAL LEAVE.

1. Application for sabbatical leave may be made by any member of the permanent instructional staff or by a lecturer (full-time) after six years of full-time service in titles which are on the permanent instructional staff, or in the title of lecturer (full-time), exclusive of leaves for other purposes.

   Credit toward eligibility for sabbatical leave will be granted for service as a lecturer (full-time) or lecturer (part-time) on the following basis:

   1. Each year of service as a lecturer (full-time) after July 1, 1970 shall be credited as one year of the six-year eligibility requirement.

   2. Each year of service as a lecturer (part-time) after July 1, 1970 shall be credited on the basis of one-half year service eligibility of the six-year eligibility requirement.

      Instructional service for which sabbatical leave credit is granted in a school or college maintained in whole or in part with city funds immediately preceding service in an institution under the jurisdiction of the board of trustees may be credited toward eligibility for sabbatical leave. However, such credit for prior instructional service shall not exceed three years.

2. * Such application shall be in the form provided by the board and must state precisely which of the following purposes is to be served by the leave:
   1. Study and research, including related travel;

   2. Creative work in literature or the arts.

   Such application shall be granted only upon the agreement by the applicant that he/she will continue to serve for at least one year after expiration of the term of his/her leave unless this provision is expressly waived by the board.

3. The application for sabbatical leave shall be submitted to the relevant departmental committee and, if approved, to the relevant college committee. If the latter committee approves, it shall forward the application to the president with its endorsement. Such endorsement must state that the work of the department in which the applicant serves can be so arranged as to be carried forward effectively during the period of the leave, and that the work the applicant intends to do is consonant with the principles of the sabbatical leave. The president shall transmit such application to the board with those recommendations which he/she approves.

   The application of a president for sabbatical leave shall be made directly to the board.

4. The granting of such leave shall not be in any sense automatic, but the board will consider the advantage to the applicant as a scholar and teacher to be expected from such leave, and the consequent advantage, through his/her service to the college.

   Special consideration will be given to those applicants who have not had a sabbatical leave in fourteen or more years.

5. Salary payment during sabbatical leave shall be as follows:

   Half pay, if the leave is for a full year.

   Full pay, if the leave is for a half year.

6. The period of the sabbatical leave shall be credited as service for the granting of increments.

Section 13.2. LEAVE FOR TEMPORARY DISABILITY.

1. For the purposes of these bylaws a temporary disability shall be defined as any temporary physical or mental incapacity of health including pregnancy, complications of pregnancy, and childbirth, and shall be deemed to include "sick" leave and "maternity" leave as referred to in the education law.

2. Members of the instructional staff shall be granted temporary disability leave of twenty calendar days exclusive of Saturdays, Sundays and authorized holidays and recesses during each year of service. Persons appointed to instructional positions immediately after having served as regular employees in schools or colleges supported in whole or in part from city funds shall have temporary disability leave balances credited to them not exceeding those which would have been earned had such services in such schools or colleges been in an institution under the jurisdiction of the board. Services in a school or college supported in whole or in part by city funds concurrent with service in an institution under the jurisdiction of the board shall not be counted. The unused portions of such temporary disability leave shall be cumulative to a maximum of one hundred and sixty calendar days during which the college is in regular session.**

3. Any absences in excess of the cumulative temporary disability leave accrued to an absentee shall be taken without pay, except that the board may, in cases of protracted temporary disability or unusual hardship hear recommendations from the president that the bylaws be waived without thereby establishing a precedent.

4. For the purpose of computing the number of days of cumulative temporary disability leave this section shall be deemed effective as of the date of the member's appointment to a position covered by this bylaw.

5. The temporary disability leave shall be computed commencing from the date of first absence from assigned duties and shall include all additional calendar days exclusive of Saturdays, Sundays and authorized holidays and recesses until such person's return.

6. Persons employed on partial schedules shall have their accumulated temporary disability leave prorated.

7. Temporary disability leave shall be earned only after a full calendar month of service and no accruals or partial accruals shall be granted for service of less than a full calendar month. A full calendar month of service shall represent service from the first working day through the last working day of a given month.

8. Any member of the instructional staff who is absent from duty because of temporary disability shall promptly inform his/her department chairperson, who in turn shall inform the appropriate dean of the nature of the temporary disability and of the probable duration of the absence.

9. In addition to the provisions of this article members of the instructional staff entitled to disability insurance benefits shall receive an advance of paid temporary disability leave from the date of the commencement of their temporary disability up to the commencement of disability insurance benefit payments.

10. Members of the instructional staff who are absent because of temporary disability for more than five consecutive working days may be required to submit a medical certificate from their personal physician upon their return to work.

    Where any absence because of temporary disability exceeds thirty consecutive working days, the absentee shall present a statement from his/her physician explaining the nature or his/her temporary disability and certifying that he/she is fully capable of returning to work. In the case of any such absence the college may also require an examination by a physician in its employ, or appointed by it, who shall be required to certify that the absentee is fully capable of returning to work. In cases where there is a conflict of opinion, a third physician, acceptable to the absentee and to the president of the college, shall be called in and his/her judgment shall be accepted as conclusive. In the event that it is found that the condition of such person is such that he/she is incapable of resuming his/her normal duties, such person shall apply for such additional period of leave of absence as may be necessary. Failure to make such application for an additional period of leave of absence shall be deemed neglect of duty.

11. Temporary disability leave for more than one year shall not be granted to an applicant who is above the age of sixty-five years.

12. Leaves of absence without pay for temporary disability for periods of less than one year may be recommended by the board to the appropriate retirement system for credit as service for retirement. Increments may be recommended by the board for the period during which an employee is on leave of absence without pay for temporary disability for periods of less than one year.

Section 13.3. RETIREMENT LEAVES.

Members of the New York City teachers' retirement system and members of the permanent instructional staff and lecturers (full-time) with administrative certificates of continuous employment, persons with titles in the higher education officer series, and persons with titles in the business manager series who are members of any other retirement system who announce their bona fide intention to retire shall be granted a retirement leave of absence with full pay consisting of one-half of their accumulated unused temporary disability leave up to a maximum of one semester, or the equivalent number of school days. Terms and conditions relating to such retirement leave shall be governed by section 3107 of the state education law.

Section 13.4. ANNUAL LEAVE.

1. The period of annual leave for teaching members of the faculty who have taught for a full year (September - June) in the titles of professor, associate professor, assistant professor, instructor, ***lecturer (full-time) and lecturer (part-time) shall be from the day subsequent to the June commencement at each college until the first of September following such commencement.

2. The period of annual leave for college laboratory technicians, research assistants, higher education officer titles series, registrar title series and business manager title series shall be twenty-three work days per year. If the appointment is for less than a year, the vacation period shall be prorated accordingly.

   All employees in any of the above titles who were employed prior to September 1, 1969 shall suffer no loss or diminution of prior vacation privileges.

3. The period of annual leave for members of the instructional staff who are employed in the libraries shall be thirty days.

Section 13.5. LEAVES FOR SPECIAL PURPOSES.

1. Special leaves for personal emergencies of not more than ten working days may be granted with pay by the president at his/her discretion.

2. On the recommendation of the relevant departmental committee concerned with appointments, the relevant college committee and the president, the board may grant to members of the instructional staff leaves of absence for special purposes such as study, writing, research, the carrying out of a creative project or public service of reasonable duration. Such leaves shall be without pay.

3. Special leaves for the purpose of caring for a newborn child shall be granted to a member of the instructional staff upon notification to the president and application for such leave, provided the applicant has legal responsibility for the care and/or support of said child. Such leave shall, insofar as is practicable, begin on February 1 or September 1, unless the date of the birth of the child is such as to render these times inappropriate. The duration of the leave shall be one full semester. In exceptional cases, on request of applicant, the president may terminate such leave during the college term, provided there is an appropriate opening in which the applicant's service may be utilized. An extension of such special leave shall be permitted on request for a period not in excess of one year from the end of the original leave. No further extensions shall be permitted. Special leaves for the purpose of caring for a newborn child shall be granted without pay during the period of the leave including the vacation period concomitant to the leave. If the leave is for one semester only, the loss of paid vacation shall be for one month only. If the leave is for two semesters, both months of vacation shall be without pay. If the duration of the leave is one year or more, it shall not be credited toward salary increments.

4. The board may allow special leaves to be credited as service for retirement purposes. Where the leave is for one year or longer, it shall not be credited for purposes of increment, except that increment credit may be granted when the president certifies that the leave is being taken for a project of academic, scholarly or public importance that brings honor and recognition to the college.

5. Where the service of a member of the instructional staff is interrupted by reason of absence on a special leave granted pursuant to subdivision "c" of this section, the period of creditable service immediately preceding such absence shall be counted in computing the years of service required for the granting of tenure or for a certificate of continuous employment.

6. The board shall grant a special leave of absence without pay, if required by a contract entered into after collective negotiations, to those persons and under the terms and conditions designated in said contract.

Section 13.6. REPEATED LEAVE.

In case a member of a staff makes repeated requests for leaves of any kind, and/or extensions thereof, the board shall consider whether such leave be granted or whether it would be to the educational welfare of the college to request a disability retirement or the separation of the member from the college. Leaves for temporary disability or for special purposes shall not be construed so as to extend the terminal date of any temporary appointment.

***Until 7/1/71, these provisions shall not apply to lecturers (full-time) not paid against an annual salaried budget line or to lecturers (part-time).