PURPOSE OF THIS MANUAL

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TABLE OF CONTENTS

08/10/2026

100

101

102

103

INTRODUCTION

PURPOSE OF THIS MANUAL

NATURE OF EMPLOYMENT

WHISTLEBLOWER POLICY

POLICY REVIEW AND APPROVAL PROCESS

200

201

202

203

204

205

206

207

208

209

210

211

EMPLOYMENT

EMPLOYEE COMPLAINT & RESOLUTION PROCESS

EQUAL EMPLOYMENT OPPORTUNITY

EMPLOYMENT POLICY

EMPLOYMENT APPLICATION ACCURACY

CHARACTER INVESTIGATIONS

EMPLOYMENT PHYSICAL EXAMINATIONS AND SCREENINGS

IMMIGRATION LAW COMPLIANCE

DRUGS AND ALCOHOL TESTING

PROBATIONARY PERIOD

EMPLOYMENT CATEGORIES

LAYOFFS AND RECALL

DRIVING RECORD INVESTIGATIONS

300

301

302

303

304

305

306

PERSONNEL

POSITION DESCRIPTIONS

PERFORMANCE EVALUATIONS

CONTINUOUS LENGTH OF SERVICE

EMPLOYEE DATA CHANGES

ENTERPRISE UNIFORMS

ACCESS TO PERSONNEL FILES

EMPLOYMENT REFERENCE CHECKS

400

401

402

403

404

405

406

407

408

409

410

CONDUCT

DISCIPLINARY PROCEDURE

EMPLOYEE CONDUCT

ATTENDANCE POLICY

CODE OF CONDUCT

NON-DISCLOSURE

GRIEVANCE PROCEDURE

TERMINATION OF EMPLOYMENT

SEVERANCE PAY

ANTI- HARASSMENT

TWO-SPIRIT INDIVIDUALS AND GENDER IDENTITY

PERFORMANCE IMPROVEMENT PLANS

500

501

502

PAY PRACTICES

PAYDAY

COMPENSATION

600

601

602

603

604

605

606

607

BENEFITS

EMPLOYEE BENEFITS

FEDERAL AND STATE TAXES / INSURANCES

BAY MILLS INDIAN COMMUNITY 401 (K) RETIREMENT PLAN

HEALTH INSURANCE

LIFE INSURANCE

WORKERS’ COMPENSATION

DISABILITY COVERAGE AND LIFE INSURANCE GENERAL

HOLIDAYS

700

701

702

703

704

705

706

707

708

709

710

711

712

LEAVE / ABSENCE

ANNUAL LEAVE

SICK LEAVE BENEFITS

PERSONAL LEAVE – GOVERNMENTAL & ENTERPRISE

JURY AND WITNESS DUTY

BEREAVEMENT LEAVE

EDUCATIONAL LEAVE

MEDICAL LEAVE

PAID PARENTAL LEAVE

MILITARY LEAVE

LEAVE OF ABSENCE

FAMILY AND MEDICAL LEAVE OF ABSENCES

EMPLOYEE BIRTHDAY LEAVE

DONATED LEAVE

800

801

802

803

804

805

806

807

808

809

810

811

812

WORK RULES

WORK SCHEDULES

WORK HOURS

MEAL AND BREAK PERIODS

TIMEKEEPING

OUTSIDE EMPLOYMENT

SAFETY

SECURITY INSPECTIONS

USE OF PHONE, COMPUTER AND MAIL SYSTEMS

SOCIAL MEDIA POLICIES

SMOKING

REMOTE WORK

BREASTFEEDING

MINORS IN THE WORKPLACE

900

901

902

903

904

905

MISCELLANEOUS

TRAVEL POLICY

USE OF EQUIPMENT AND VEHICLES

RETURN OF PROPERTY

EMPLOYEE RECEIVABLES

CREDIT CARD POLICY

GENERATIVE ARTIFICIAL INTELLIGENCE USE IN THE WORKPLACE

1000 INCLEMENT WEATHER

100 PURPOSE OF THIS MANUAL

100.1 This manual is designed to acquaint you with the organization and provide you with information about

working conditions, employee benefits, and the policies affecting your employment. You should read, understand,

and comply with all provisions of the handbook. It describes many of your responsibilities as an employee and

outlines the programs developed by the Bay Mills Indian Community to benefit employees. One of our objectives

is to provide a work environment that is conducive to both personal and professional growth.

100.2 No policy manual can anticipate every circumstance or question about policy. As the administration of

Bay Mills Indian Community continues to grow, the need may arise to change policies described in this manual.

The Executive Council therefore reserves the right to revise, supplement, or rescind any policies or portion of

this manual as it deems appropriate, in its sole and absolute discretion. Employees will be notified of such

changes as they are approved.

100.3 Management is primarily charged with implementing the Personnel Policies and Department procedures

for the Tribe. Human Resources will assist executive management with ensuring these policies and procedures

are implemented fairly and consistently between departments by offering training and assistance and notifying

executive management of any inconsistent application or lack of adherence to these policies.

100.4 The day-to-day administration has been delegated to the various Department or Enterprise managers for

implementation.

MISSION STATEMENT

Mino Bimadziwiin, “good life”, guides Gnoozhekaaning, “Place of the Pike”, or Bay Mills Indian Community

to promote the sovereignty, culture, and prosperity for our citizens, community, and employees to the benefit of

present and future generations.

101 NATURE OF EMPLOYMENT (revised 6/4/2023)

101.1 Employment with the Bay Mills Indian Community is voluntarily entered into, and the employee is free

to resign at any time. Similarly, Bay Mills Indian Community may terminate the employment relationship at

any time, with cause as outlined under the policies and procedures listed herein this manual.

101.2 Policies set forth in this manual are not intended to create a contract, nor are they to be construed to

constitute contractual obligations of any kind or a contract of employment between Bay Mills Indian

Community and any of its employees. The provisions of the manual have been developed with management and

may be amended or canceled at any time, by the Executive Council.

101.3 These provisions supersede all existing personnel policies and practices and may not be amended or

added to without the express written approval of the Executive Council.

101.4 These policies shall apply to all tribal positions except those listed below:

A. Tribal officers elected by popular vote and persons appointed to fill vacancies in such tribal

offices when acting in an elected capacity.

B. Tribal judges when acting in an official capacity.

102 WHISTLEBLOWER POLICY (revised 1/24/22)

102.1 Bay Mills Indian Community is committed to maintaining compliance with all Federal, State, Tribal

laws, rules, regulations, and policies and procedures. The Tribe encourages employees to bring forward noncompliance reports that have factual basis.

102.2 If employees have any concerns about work conditions, they must follow the policy guidelines

under section 200 Employee Complaints and Resolution Process.

102.3 In the event of any concerns regarding actual or potential non-compliance, employees are encouraged to

first express their concerns through their departmental chain of command. If unresolved, employees are

encouraged to forward their concerns to the Human Resources Director, or appropriate law enforcement agency

in a timely manner. Anonymous reports are discouraged because they make it difficult to assess reliability.

102.4 Any employee, who in good faith, reports suspected violations of Federal, State, or Tribal laws, rules or

regulations, policies or procedures will be treated as confidential to the extent that a full investigation may be

conducted, consistent with applicable laws, regulations or policies.

102.5 The Tribe prohibits the discharge, threatening, demotion, suspension or other discrimination or

retaliation against any employee for disclosing information, in good faith, of suspected violations of Federal,

State, or Tribal laws, rules or regulations, policies or procedures.

103 POLICY REVIEW AND APPROVAL PROCESS (08/25/2025)

103.1 Policies must adapt with the changes and growth of an organization to ensure positive employee

experience and organizational culture, and to ensure compliance with applicable regulations. As such, the

Executive Council reserves the right to use any process to review, change, and adopt policies, it is generally

expected that policy reviews, changes, and approvals will follow the process outlined herein.

103.2 Policies are discussed and reviewed by Human Resources, Executive Management, or other leadership

teams. Appropriate changes and additions are drafted to reflect current needs, and presented to the Legal

Department for review.

103.3 The final draft of the policy is presented to the Executive Council for approval by majority vote. The

Executive Council is the only body that can approve or change personnel policies and procedures.

103.4 The Human Resources Department is responsible for notifying employees of all personnel policy and

procedure changes and updating the handbook.

103.5 The personnel policies and procedures may be supplemented by specific program or department

procedures of the Bay Mills Indian Community. Such policies cannot conflict with any policy listed in this

manual.

a. Any proposed departmental policies must be reviewed and approved by the overseeing executive

manager (General Manager, Tribal Manager, Chief Financial Officer) and Human Resources

Director, prior to implementation.

b. Any proposed departmental policies must be reviewed by the Legal Department.

c. Departmental policies and procedures may require additional approval from the Executive Council.

d. Management must ensure all grant requirements, legal and/or gaming compliance requirements are

met prior to implementing any departmental procedure.

e. Any such department-specific procedures must be provided to those employees subject to them in

writing.

200 EMPLOYEE COMPLAINTS AND RESOLUTION PROCESS (revised 08/10/2026)

200.1 Bay Mills Indian Community is committed to maintaining a positive, respectful, and productive work

environment. The Tribe strives to provide competitive wages, benefits, and working conditions. Employees who

have concerns regarding their working conditions, workplace interactions, compensation, or other employmentrelated matters are encouraged to address those concerns promptly and professionally through the complaint and

resolution process outlined in this policy.

200.2 Open communication is essential to maintaining a healthy workplace. Employees are encouraged to

communicate concerns, questions, or workplace issues directly with their immediate supervisor whenever

possible. Most workplace concerns can be resolved effectively through respectful discussion at the department

level. Employees should first attempt to resolve the employment-related concerns through their department’s

chain of command and must submit such concerns in writing to their Department Manager.

200.3 If an employee is unable to resolve a concern through the chain of command, or if the nature of the

complaint presents a conflict of interest or other circumstance that reasonably warrants bypassing the chain of

command, the employee may seek assistance from the Human Resource Director or designee. To initiate this

process, the employee must submit a written complaint using the “Employee Complaint and Resolution” form

available through the Human Resource Department.

200.4 Upon receipt of the “Employee Complaint & Resolution Form”, the Human Resources Director or

designee will review the complaint and determine whether the employee has made a reasonable effort to resolve

the matter within the department or has demonstrated good cause for bypassing the chain of command. If the

complaint meets these requirements, Human Resources will accept the complaint for review and provide copies

to the appropriate Department Manager and Executive Management, as necessary, to facilitate a timely

resolution.

200.5 The Human Resources Director or designee will work collaboratively with the employee, Department

Manager, and Executive Management to review the complaint, gather relevant information, and identify an

appropriate resolution. Following the review, the Human Resources Director, in consultation with Executive

Management, will provide written direction regarding the resolution of the complaint. Depending on the

circumstances, resolution may include additional training, coaching, counseling, workplace adjustments,

corrective action, policy clarification, disciplinary action or a determination that no action is warranted.

200.6 The Department Manager will communicate the outcome of the complaint to the employee in writing and

will provide copies of the communication to the Human Resources Director and Executive Management. To

protect employee privacy and maintain confidentiality, communications regarding the resolution will not

disclose any personnel actions taken concerning other employees. If the Department Manager is the subject of,

or directly involved in the complaint, Executive Management will provide the written response to the employee.

200.7 All complaint documentation, including the “Employee Complaint & Resolution Form” and any written

findings or responses, will be maintained in accordance with applicable records retention requirements. Copies

may be placed in the employee’s personnel file when deemed appropriate by Human Resources.

200.8 The complaint process is intended to address workplace concerns that affect an employee’s ability to

safely, effectively, and consistently perform their job duties within Bay Mills Indian Community. This process

does not apply to appeals of disciplinary action, suspensions, terminations, or other employment decisions that

are specifically addressed through the Tribe’s formal grievance procedure. Employees seeking to challenge such

actions must do so in accordance with the applicable grievance process.

200.9 All complaints will be handled as confidentially as possible. Information related to the complaint will be

shared only with individuals who need it to investigate, resolve, or respond to the matter. While every effort

will be made to protect privacy, complete confidentiality cannot be guaranteed where disclosure is required to

conduct a fair investigation, comply with legal obligations, or protect the safety of individuals.

200.10 Bay Mills Indian Community prohibits retaliation (403.4) against any employee who, in good faith,

raises a workplace concern, submits a complaint, participates in an investigation, or assists in the resolution of a

complaint. Any employee who engages in retaliation may be subject to disciplinary action, up to and including

termination of employment.

201 EQUAL EMPLOYMENT OPPORTUNITY

201.1 It is the policy of the Bay Mills Indian Community that employment decisions shall be based on merit,

qualifications, and competence. In accordance with the spirit of Title VII of the Civil Rights Act of 1964, as

amended, 42 U.S.C. §§2000e(b), 2000e-2(i), we may grant first consideration for employment to people of

Indian ancestry. Except where required or permitted by law, employment practices shall not be influenced or

affected by virtue of an applicant's or employee's race, color, religion, sex, national origin, age, or any other

characteristic protected by law. In addition, it is the employer's policy to provide an environment that is free of

unlawful harassment of any kind, including that which is sexual, age-related, or ethnic. This policy governs all

aspects of employment, promotion, assignment, discharge, and other terms and conditions of employment.

202 EMPLOYMENT POLICY (revised 2/16/2024)

202.1 RECRUITMENT When any vacancy occurs, the department manager will submit an approved labor

request to the Human Resources Department to fill such vacancy. All current and new positions must have an

approved job description on file prior to posting. The Human Resource Department, in conjunction with the

Department Manager, will utilize any resources it deems appropriate for the recruitment of candidates.

202.2 All new or existing open positions must follow the Employment Policy, and be posted in accordance with

the following guidelines. Changes to presently filled positions that simply consist of clerical changes in

comparable job duties, title, or grant changes do not require the manager to post the filled position with

modifications. Managers shall submit a justification memo to the Human Resources Department and shall work

with the Human Resources Department to determine if position changes are significant enough to require the

position to be posted as a new position.

202.3 All persons seeking Tribal employment must submit an accurate employment application to the Bay Mills

Human Resources Department. Those submitting resumes must do so in conjunction with an application if not

currently on file. Applicants must submit their application/resume for any specific posted position prior to its

deadline. Applications & resumes will be maintained on file for one year.

202.4 POSTING The Human Resources Department will post all approved positions for a minimum of five

working days at readily accessible locations throughout the tribe as well as any external method deemed

appropriate by the Human Resources Director and Department Manager. Applicants not submitting ALL

required materials listed in job announcement by deadline risk not being considered for the position.

202.5 After the closing deadline, the Human Resources Department will review the applications and files with

the Department Manager. Individuals must recuse themselves from the hiring process once it has been

determined that their immediate family member is a qualified applicant for a position. Management can exclude

applicants from the interviewing process that clearly do not meet the posted requirements of the position.

Applicants that managers cannot clearly determine whether or not the applicant meets the posted qualifications

should be extended an interview to better determine their qualifications. The Department Manager will provide

Human Resources, in writing, a list of those applicants he or she would like to interview, and those he or she

excluded, along with documentation of both qualifying and disqualifying attributes of each applicant.

Immediate family is defined in section 704.3.

202.6 SELECTION The tribe has adopted the Preference Policy that gives preference to applicants who meet

or exceed the minimum qualifications for a posted position in the following order:

1. Bay Mills Tribal Members.

2. Spouses\Parents of Bay Mills Tribal Members

a. Native Parents\Spouses

b. Non-Native Parents\Spouses

3. Native Americans (Other tribes)

4. Non-Native

202.7 The Human Resources Director, or designee, and the Department Manager will determine if the

applicants meet the minimum qualifications based solely on the posted requirements of the position and

the interview process. Department Managers are responsible for updating annually the position descriptions

along with minimum qualifications of the position. If more than one tribal applicant meets the minimum

qualifications, the department manager assumes the responsibility to select the best candidate suited for the

position and department. The Human Resources Director, along with the department managers, will be

responsible for ensuring compliance with this Employment Policy.

202.8 Internal non-probationary employees, with exemplary work records may be given preference for any

posted position during the selection process over external applicants. Demotions to a previously held

position do not have to follow this employment policy. All other hiring decisions must follow this policy,

unless the department manager obtains a policy exception from the Executive Council to bypass this policy.

202.9 Human Resources Department will assume responsibility for communicating all hiring decision, as

soon as possible. Communications can be official letter, phone call, email, or in person and should be

completed within two (2) business days from the date an official selection has been made.

202.10 IMMEDIATE FAMILY MEMBERS The Tribe discourages the hiring of immediate family

members, or significant others that would create either a direct or indirect supervisor/subordinate

relationship or that would create either an actual conflict of interest or the appearance of a conflict of

interest. Department Managers will be responsible for making efforts to prevent such conflicts of interest.

202.11 EMPLOYMENT WAITING PERIODS Any tribal employee who is terminated or submits a

resignation without notice must serve a 90 day waiting period before they are eligible for re-employment

with the Tribe. However, employees who provide and fulfill a two-week written notice will not be subject

to any waiting period.

No waiting periods will be waived

203 EMPLOYMENT APPLICATION ACCURACY

203.1 Employment Application Accuracy: This Section contains one provision that applies to all

employees [§203.1], and two which only apply to “Gaming Enterprise” employees [§§203.2 and 203.3.

Instead, the difference is that those persons have to be licensed by the Tribe’s Gaming Commission. It is

the Commission which has its own application for the requisite license, which includes the required

background investigation (mostly criminal history, with a need for fingerprints), as well as a privacy notice

and very specific language relating to the consequences of providing false or misleading information on the

application for the license.

204 CHARACTER INVESTIGATIONS (revised 8/10/2026)

204.1 Persons who are employed in or being considered for specialized roles within the Bay Mills Indian

Community require a character investigation, due to the nature of the duties performed, access to sensitive

information, responsibility for public trust, regulatory requirements, or work with vulnerable populations. The

character investigation may include a criminal background investigation and FBI fingerprint check. Hiring,

promotion, transfer, and continued employment in these positions is contingent upon meeting the standards

specific to the position, funding source requirements, and applicable Tribal, Federal, or State regulation,

204.2 Positions subject to a character investigation may include Gaming, Law Enforcement, Health & Human

Services, Boys & Girls Club, or any position in which employment requires regular contact with or control over

Indian children. The Human Resources Director and Departmental Managers will collaborate to identify which

specialized roles require this screening.

204.3 Falsification, omission of material information, refusal to cooperate with a required investigation, or

failure to meet applicable suitability standards may result in denial of employment, removal from consideration,

disciplinary action, or termination of employment.

204.4 Employees subject to a criminal background check must report any disqualifying event occurring after

hire when required by policy or regulation. Failure to comply may result in disciplinary action or termination.

204.5 All information obtained through a character investigation shall be maintained as confidential and

accessed only by individuals with a legitimate business, legal, or regulatory need.

204.6 When permissible by law and regulation, an applicant or employee may be provided an opportunity to

explain, clarify, or dispute information obtained during the investigation. Nothing in this section shall limit the

Tribe’s authority to make final employment decisions or comply with mandatory regulatory requirements.

204.7 Nothing in this policy shall be construed to limit or supersede any requirements imposed by Tribal law,

Federal law, State-Tribal Compacts, the Indian Gaming Regulatory Act, healthcare regulations, licensing

standards, or other applicable regulatory authorities.

205 EMPLOYMENT PHYSICAL EXAMINATIONS AND SCREENINGS

205.1 All newly hired healthcare workers will receive Tuberculin skin testing. Medical, Dental, Behavioral

Health, Community Health and Emergency Medical Service providers with direct patient contact will receive

Tuberculin skin testing per the Center for Disease Control (CDC) guidelines.

205.2 Employees who fail to follow this policy will be subject to the Tribe’s disciplinary policy as outlined in

section 400.6 for failure to follow policies and procedures.

Procedure:

1. Community Health will provide the Tuberculin skin tests and the reading of the tests. It will be

the employee’s responsibility to complete this procedure. The actual Tuberculin skin testing

and reading of the test is at no cost to the employee.

2. Employee files are kept confidential in the Human Resources Department within their safety

record and in their medical electronic health record.

4. Community Health and/or a Medical Provider will evaluate any positive Tuberculin skin test. If

necessary, the employee will be referred to their medical provider.

5. Any additional testing, evaluation and/or medication will be at the expense of the employee. If

test results are positive, the employee will be excluded from work until there is a negative chest

x-ray and has started adequate preventive treatment.

If there is an active TB infection, the employee will not return to work until:

•

Cough is resolved

3 negative lab tests for sputum smears are obtained

Adequate treatment regime is instituted.

For active TB disease, it is public law that the entire course of treatment be completed.

205.3 Employees with frequent absences or difficulty in carrying out their job responsibilities can be required

to have a physical exam. Managers will contact the Human Resources Department, to coordinate physical

exams, using the duties and responsibilities as well as the physical requirements of the positions official job

description.

206 IMMIGRATION LAW COMPLIANCE

206.1 Bay Mills Indian Community is committed to employing only United States citizens and aliens who are

authorized to work in the United States and the Tribe complies with the Immigration Reform and Control Act of

1986, P.L. 99-603, 8 U.S.C. 1101, et seq., and as it may hereafter be amended.

206.2 As a condition of employment, each new employee must properly complete, sign, and date the first

section of the Immigration and Naturalization Service Form I-9. Before commencing work, newly rehired

employees must also complete the form if they have not previously filed an I-9 with the Bay Mills Indian

Community, if their previous I-9 is more than three years old or if their previous I-9 is no longer valid.

207 DRUG AND ALCOHOL TESTING (revised 07/08/2024, 08/10/2026)

207.1 Purpose. The purpose of this policy is to implement the Tribe's Plan for a drugfree workplace, as

mandated by federal law and regulations, and to enable the Tribe to better carry out its responsibilities to its

employees through identification of and assistance to those employees, if any, whose use of illegal drugs on or

off duty impairs and impedes the performance of their job responsibilities.

207.2 Drugs for which Individuals Are Tested. Employees and applicants may be tested for the presence of

controlled substances, illegal drugs, and other substances included in Bay Mills Indian Community’s approved

drug testing panel, as established by Bay Mills Indian Community Human Resource Department in consultation

with the testing laboratory and applicable federal and state guidelines. Bay Mills Indian Community reserves

the right to modify the testing panel as necessary to comply with applicable laws, regulations, grant

requirements, or workplace safety needs. The testing panel may include, but is not limited to:

A. Marijuana

B. Cocaine

C. Amphetamines

D. Opiates

E. Phencyclidine

F. Barbituates

G. Benzodiazepines

H. Methamphetamine

I. Methadone

J. Oxycodone

207.3 Sensitive Positions for which Testing Is Mandated.

A. Any person employed by the Bay Mills Indian Community as an officer of the law, which empowers

said employee to carry sidearm and be certified as a law enforcement officer, shall, as a condition of

selection for such position, and as a condition for continued employment, be subject to mandatory

testing for the presence of the drugs listed in sec. 207.2, above. Any person employed as a dispatcher

for the Bay Mills Indian Community will also be subject to these same requirements of employment.

For those persons currently employed, such testing shall occur at least once per year, on a schedule

determined by the Human Resources Director.

B. Any person employed by the Bay Mills Indian Community who prescribes or has access to

medication, such as physician, dentist, nurse practitioner, physician's assistant, pharmacist, or any

person who picks up, dispenses, or administers medicines, or any other position in the Tribes Health

Center designated by Director of Health & Human Services, shall, as a condition of selection for such

position, and continued employment, be subject to mandatory testing for the presence of the drugs

listed in sec. 207.2, above. For the persons currently employed, such testing shall occur at least once

each year, on a schedule determined by the Human Resources Director.

C. Any person whose employment requires them to have regular interaction with children, shall, as a

condition of selection for such position, and as a condition of continued employment, be subject to

mandatory testing for the presence of the drugs listed in sec. 207.2 above. For the persons currently

employed, such testing shall occur at least once each year, on a schedule determined by the Human

Resources Director.

D. Any person who works within the Bay Mills Fire Crew, or any other position that requires drug

testing as a condition of maintaining grant funding, shall, as a condition of selection for such

positions, and as a condition of continued employment, be subject to mandatory testing for the

presence of the drugs listed in sec. 207.2 above. For the persons currently employed, such testing

shall occur at least once each year, on a schedule determined by the Human Resources Director.

207.5 Drug Testing Methods. Drug testing under this policy shall be conducted using one or more

scientifically accepted testing methods, including oral fluid (saliva/swab) testing and urine testing, as

determined by Bay Mills Indian Community Human Resource Department or its designated testing provider.

All specimen collections and laboratory analyses shall be performed in accordance with applicable federal

guidelines, laboratory standards, manufacturer requirements, and chain-of-custody procedures.

207.6 General Rules for Conducting Drug Tests. The Bay Mills Indian Community shall follow applicable

federal workplace drug testing guidelines and industry standards, as they may be amended and shall ensure that

tests are conducted as follows:

A. Specimens shall be collected by trained and qualified collections personnel using approved collection

procedures.

B. Laboratory analysis of specimens shall be performed by laboratories appropriately certified or licensed

under applicable federal and state requirements, when laboratory confirmation is required.

C. All testing records and results shall be maintained as confidential as medical information in accordance

with applicable laws.

207.7 Privacy Ensured during Drug Testing. Bay Mills Indian Community shall conduct specimen

collections in a manner that protects the dignity and privacy of the individual while maintaining the integrity of

the testing process. Collection procedures shall be appropriate for the specimen type being collected and shall

follow applicable federal guidelines, laboratory protocols, and chain-of-custody requirements. Direct

observation of specimen collection shall occur only when permitted by applicable testing standards and when

there is reasonable suspicion that an individual may attempt to tamper with, substitute, or adulterate a specimen,

or when otherwise required by the testing protocol.

207.8 Opportunity to Justify a Positive Test Result. When a laboratory-confirmed positive test result is

reported, the employee shall be provided the opportunity to discuss the result with Bay Mills Indian

Community’s selected/designated Medical Review Officer, when applicable, and provide documentation

demonstrating that the result may have been caused by the lawful use of a prescribed medication or other

legitimate medical explanation. Acceptable justification shall generally require a valid prescription or other

appropriate medical documentation. If the employee declines to cooperate with the Medical Review Officer,

fails to provide sufficient documentation, or no legitimate medical explanation exists, the Human Resources

Director shall notify the employee and the employee’s supervisor, in writing, of the confirmed positive results.

207.9 Refusal to Take a Drug Test When Required. An employee who refuses to be tested when

required shall be subject to immediate dismissal from employment with the Bay Mills Indian Community.

Attempts to alter or substitute a specimen provided, or failure to show up to testing site at designated time,

is deemed a refusal to take a drug test when required.

207.10 Mandatory Dismissal. All sensitive position employees who fall under 207.3 and receive a positive

drug sample; without being able to justify results to the Medical Review Officer as defined in 207.9, will be

subject to immediate termination. All other employees who do not fall under 207.3 and receive a positive

drug sample; without being able to justify results to the Medical Review Officer as defined in 207.9, and that

do not request counseling and or rehabilitation within the time frame designated, or fail to complete the

designated program, will be subject to immediate termination.

207.11 Re-Testing. An employee who receives a confirmed positive drug test result may request

independent confirmation or re-testing when permitted by the testing methodology and laboratory

procedures used. Requests must be submitted in writing to the Human Resources Director within one (1)

working day after notification of the confirmed positive result. When re-testing is available, any associated

costs shall be the responsibility of the employee and must be paid prior to the re-test unless otherwise

required by law or collective agreement. If the testing methodology does not permit re-testing of the

original specimen, Bay Mills Indian Community Human Resource Director may authorize a new specimen

collection or other appropriate review consistent with the testing laboratory’s procedures. Sensitive position

employees shall remain suspended without pay pending the outcome of any authorized re-test or review.

207.12 Mandatory Counseling and Rehabilitation. An employee not listed under section 207.3, who

voluntarily admits the use of an illegal drug, or provides a sample which is verified as positive for the

presence of an illegal drug shall be immediately suspended. However, the employee is not subject to

termination when the employee obtains counseling or rehabilitation and thereafter refrains from using

illegal drugs while employed with Bay Mills Indian Community. Employees who wish to undergo drug

counseling and rehabilitation program, must follow the following procedure:

A. The employee must submit, in writing, to the Human Resources Director a request to enter the Bay Mills

Counseling and Rehabilitation program, within one (1) working day after notification of their positive test

results from the Human Resources Director.

B. The Human Resources Director will notify the employee’s department manager of the employee’s

enrollment into the program, and the employee will be placed on an unpaid leave of absence (LOA).

C. The employee must contact the Bay Mills Substance Abuse program and schedule for assessment within

two (2) days after receiving notification of their positive test results from the Human Resources Director.

D. The employee will undergo assessment through Bay Mills Substance Abuse Program, or other licensed

program that the Bay Mills Substance Abuse Program recommends.

E. Employee will sign a release of information form with the Bay Mills Substance Abuse Program or other

licensed counselors, allowing release of pertinent information to the Human Resources Director.

F. During the assessment, the Bay Mills Substance Abuse Program will issue the Human Resources Director

a “Return to Work” form, if the counselor deems the employee able to work.

G. The Human Resources Director will immediately notify the employee’s manager of his or her ability to

return to work.

H. The employee will be responsible for successfully undergoing the appropriate action plan, whether

inpatient or outpatient, designated by the counselor during the assessment program.

I. The Bay Mills Substance Abuse Program or other licensed counselor(s) will notify the Human Resources

Director if the employee fails to schedule and complete the assessment or fails to complete the

recommended action plan designated for rehabilitation and/or counseling, or of the employee’s completion

of the program.

J. The employee will be required to submit to an additional drug testing at the completion of his or her

recommended program. Employee’s again testing positive for the presence of an illegal drug, as cited in

section 207.2, will be subject to immediate termination with the Bay Mills Indian Community.

K. The Human Resources Director will notify the employee’s manager of the employee’s completion of their

rehabilitation/counseling program.

207.13 Eligibility for Rehire An employee whose employment was terminated for a violation of this policy is

eligible for rehire with the Bay Mills Indian Community after six (6) months, provided that prior to being

rehired the applicant submit to a drug test at the time, date, and place specified by the Human Resource

Department, and that such test is negative. For those employees who work under Public Safety eligibility for

rehire will be two (2) years from the date of failed drug testing.

207.4 Reasonable Suspicion. The Tribe may require an employee to submit to drug and/or alcohol testing

when there is a reasonable suspicion that the employee is under the influence of drugs or alcohol in violation of

the policy or has otherwise violated this policy. Observations should be documented and forwarded to Human

Resources and the employee’s supervisor as soon as practical. Reasonable suspicion shall not be based solely on

rumor, anonymous allegations without corroboration, or an employee’s protected medical condition or lawful

use of medication. Reasonable suspicion must be based on specific, contemporaneous, objective, and articulable

facts, reasonable inferences drawn from those facts, or a combination of both as listed below:

A. Direct observation of drug or alcohol use, possession, sale, transfer, or distribution while on duty or on

Tribal property.

B. Observable signs or symptoms of impairment, including but not limited to the odor of alcohol or drugs,

slurred speech, unsteady gait, impaired coordination, confusion, erratic behavior, or other physical

indicators consistent with impairment.

C. Abnormal conduct, significant changes in behavior, or other observable actions that reasonably indicate

possible impairment.

D. Credible information from reliable sources, or independently corroborated information, indicating that

an employee has used drugs or alcohol in violation of this policy during work hours or immediately

prior to reporting for duty.

E. Evidence that an employee has attempted to adulterate, substitute, tamper with, or otherwise interfere

with a previous drug or alcohol test.

F. The employees' involvement in a work-related accident, near miss, or incident involving a Tribal

vehicle, motorized equipment, or Tribal property where impairment is reasonably suspected to have

been a contributing factor.

G. The employee’s involvement in a workplace incident resulting in injury to themselves or another person

where impairment is reasonably suspected to have been a contributing factor.

H. The employee is the subject of a criminal investigation involving unlawful possession, manufacture,

distribution, or trafficking of controlled substances.

207.14 Reasonable Suspicion Testing. Reasonable suspicion drug testing will be conducted using approved

methods described within this policy. Reasonable suspicion alcohol testing shall be conducted using an

approved evidential breath testing device or other legally authorized alcohol testing method administered by a

qualified individual or testing provider. Employees are subject to a zero-tolerance alcohol standard while on

duty or performing work-related functions. Any confirmed alcohol concentration greater than 0.00 while

performing safety-sensitive duties constitutes a violation of this policy. A confirmed violation of this section

may result in disciplinary action, up to and including suspension, mandatory referral to an approved

rehabilitation program, or termination of employment, depending on the circumstances, the employees' position,

prior violations, and applicable law. The Tribe reserves the right to determine the appropriate level of discipline

based on the totality of the circumstances.

208 PROBATIONARY PERIOD (revised 2/16/2024)

208.1 All newly hired, promoted, demoted or transferred employees will be on a probationary period for the

first six months after their date of hire. For law enforcement positions that require certification training, this

probationary period will be for the first eighteen months after their date of hire. The employer will use this

period to evaluate employee capabilities, attitude, and work habits. Employees who are

promoted/demoted/transferred within the organization must complete a probationary period of the same length

with every reassignment to a new position.

208.2 Any absence of more than 14 unpaid days will automatically extend the probationary period by the length

of the absence. If the employer determines that the designated probationary period does not allow sufficient

time to thoroughly evaluate the employee, the employer may extend the probationary period for a specified

period, not to exceed 60 days. Any extension must be done prior to the end of the probationary period.

208.3 Supervisors overseeing probationary employees are to observe carefully the performance of each

employee in a new job position. Employee performance deficiencies, conduct or attitude are to be documented.

208.4 Immediately prior to the completion of the six-month probationary period, the immediate supervisor will

complete a standardized probationary period evaluation. Probationary employees must receive a satisfactory

rating or higher at the end of the probationary period for continued employment.

208.5 Employees dismissed during the probationary period shall have no right to appeal the dismissal as

outlined in the grievance policies in Part 406.

208.6 Probationary employment status does not affect eligibility for employer-provided benefits. Employees are

eligible for benefit programs according to the terms and conditions of each program. Probationary employees

will assume non-probationary status upon satisfactory completion of the probationary period, or extended

probationary period.

209 EMPLOYMENT CATEGORIES (revised 6/23/2025)

209.1 It is the intent of the employer to clarify the definitions of employment classifications so that employees

understand their employment status and benefit eligibility. Each employee will belong to one of the following

employment categories:

209.2 FULL - TIME: Employees who are regularly scheduled to work at least 30 hours per week are eligible

for employer's full benefit package subject to the conditions, and limitations of each benefit.

209.3 PART - TIME: Employees who are regularly scheduled to work at least than 20 hours but less than 30

hours per week are eligible for leave benefits, but are not eligible for health insurance, disability, or life

insurance coverage.

209.4 VARIABLE TIME: Employees who are regularly scheduled to work less than 20 hours per week.

Variable time employees accrue sick leave.

209.5 TEMPORARY: Employees are classified as temporary if they are: working under a job training /

rehabilitation program; hired as interim replacements; hired to temporarily supplement the work force; or to

assist in the completion of a specific project. Temporary status should not extend beyond one year of

employment, unless grant/contract provisions apply. Temporary employees accrue sick leave.

209.6 SEASONAL: Employees are classified as seasonal if their annual employment is customarily 6 months

or less, and the period should begin each calendar year in approximately the same part of the year. Seasonal

employees accrue sick leave.

209.7 CHILD LABOR PROVISIONS: Youths 14 and 15 may perform non-hazardous jobs under the

following conditions: no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school

day, or 40 hours during the summer months. Also, work may not begin before 7 a.m., nor end after 7 p.m.

except from June 1 through Labor Day, when evening hours may be extended to 9 p.m.

209.8 Youths 16 and 17 years of age may perform various jobs under the following conditions: no more than 6

hours on a school day, 24 hours in a school week, 8 hours on a non-school day, or 40 hours during the summer

months. Also, work may not begin before 6 a.m., nor end after 11 p.m. except from June 1 through Labor Day,

when evening hours may be extended to 2 a.m.

209.9 Hazardous jobs include any position working with machinery that could possibly cause a loss of a finger,

arm, hand, leg, foot or toe. Youths must be over the age of 16 to use lawn mowers, hedge trimmers, power saws

or other related power tools.

209.10 Youths still in school must maintain at minimum a passing GPA (C) to continue employment during

school months. Report Cards must be submitted to their immediate supervisor after each semester. Youths who

have dropped out of school may not work Full-Time until they are 18 years of age.

210 LAYOFFS AND RECALL

210.1 Every attempt will be made to notify employees as far in advance as possible about expected layoffs.

Both temporary and permanent layoffs will be covered under the provisions of this policy. Generally, there are

three reasons for layoffs: seasonal layoffs, reduction in staff due to slower business operations, or the

elimination of position.

210.2 Seasonal: Employees in this category will be placed on a layoff status at the end of the season. Layoffs

and recall will be done at the beginning and the end of each season.

210.3 Reduction: Reduction in work force occurs when the staffing levels are not supported by the business

operations. Volunteers may be requested first. Secondly, temporary or probationary employees should be laid

off next and will maintain no employment status. Lastly, both seniority within the department, and employee

performance will be considered prior to layoffs.

210.4 Position Elimination: Executive management may eliminate unneeded positions. Attempts will be made

to accommodate those into other like positions that he/she may qualify for prior to elimination of the position.

210.5 Employees who are laid off will be maintained on a recall list for six months. Seasonal employees may

remain on the recall list until the beginning of the following season.

210.6 Employees may be recalled to their previously held positions, or another position with similar level of

responsibility and compensation that they qualify for within the organization. The employee will be notified

either by phone and/or certified mail of their recall to work. Employees will have up to 5 days from the date

notified, or attempted delivery to last known address, to return to work to the position offered; otherwise all

rights and employment will be officially terminated. Removal from the recall list terminates all job rights the

employee may have. Employees who do not keep a current phone and home address on record with the Human

Resources Department will also lose their recall rights.

210.7 Employees will be recalled according to the needs of the department and their ability to perform the

position. The order of recall for employees being reinstated will be in reverse order of the layoff.

210.8 Any employee on approved leave during a layoff period will be subject to layoff upon returning to work

in accordance with the above considerations.

210.9 Employees laid off will be given the option of selling back their vacation or annual leave. An opportunity

to continue coverage under the organizations employee benefit plan will be given to employees receiving

benefits at the time of layoff, in accordance with COBRA guidelines.

210.10 For benefit purposes, an employee’s length of service will be reduced by the length of time the

employee was laid off.

210.11 Probationary and temporary employees have no recall rights with the organization. They may be rehired

at the discretion of the organization.

210.12 Note: Layoffs are not to be used as an alternative to disciplinary action.

211 DRIVING RECORD INVESTIGATIONS (Revised 8/27/18)

211.1 Employees who are required to operate Tribal vehicles or equipment as a function of their position must

meet minimum qualifications regarding driving records.

211.2 As a condition of hire and continued employment, the employee must undergo a pre hire, post driving

infraction, and an annual Motor Vehicle Record (MVR) investigation.

211.3 Employees whose position requires them to utilize a Tribal vehicle or equipment must meet the

following standards.

A. Employee must be a minimum of 18 years of age and;

B. Employee must not have suspended/expired license;

C. Employee must have no more than 6 points of non-major moving violations on their MVR within the

last 3 years and;

D. The employee’s MVR must be free from points received through major moving violations within the

last 5 years; and

E. The liability insurance carrier will make the final determination on eligibility.

211.4 If the employee does not meet the above standards, that individual may not operate a company

vehicle. Human Resources will notify the department manager, as well as the employee, of their departmental

employee’s insured eligibility. The manager must not allow the employee to operate vehicles or equipment

owned by Bay Mills Indian Community. If this prevents the employee from fulfilling their job duties and

responsibilities outlined in the position description, their employment may be terminated.

211.5 If the employee has 6 points on their MVR from infractions or patterns not deemed to be serious in

nature, the employee will be placed on “watch” status. This means the insurance carrier feels there are

conditions that would deem the employee acceptable as a driver, but due to the number/type of infractions

reflected on the MVR, they will run the MVR more frequently to ensure there are no other violations within a

period of time. The employee and the department manager will be notified of this status.

211.6 It is the responsibility of the employee to report any changes in licensure (restrictions, suspension,

revocation, additional endorsements, etc.) to Human Resources within 48 hours. Failure to report infractions

may result in disciplinary action, up to and including termination.

211.7 Employees who drive Tribal vehicles or equipment are subject to mandatory drug testing post-accident

with any Tribal vehicle/equipment. The department manager should notify the Human Resources Director of

such accidents immediately, and Human Resources Director will schedule the employee for testing as soon as

possible.

300 POSITION DESCRIPTIONS

300.1 Each Bay Mills Indian Community position shall have a written position description. The descriptions

shall be as comprehensive as deemed necessary and are to be used for defining essential functions, physical

requirements, continued performance, and salary increases. Additionally, the position description will provide a

summary of the position, the wage grid placement, FLSA status, and placement in the organizational chart.

300.2 A copy of the position description will be kept in each employee's personnel file. The employee must sign

and date a copy of the description to indicate that they understand the duties, responsibilities and requirements

of their position.

300.3 Position descriptions will be written, after thorough job analysis, by the position's Department Manager,

with the assistance of Human Resources. Position descriptions may be amended as necessary by the

Department Manager. Revised position descriptions must be signed by an employee to signify acknowledgment

and understanding of the change in duties. All revisions must be signed by the incumbent, approved by the

Department Manager and HR Director, and a copy be placed in the personnel file.

300.4 Position descriptions will be reviewed and updated if necessary, by the Department Manager annually, or

when there is a significant change in duties & responsibilities.

301 PERFORMANCE EVALUATIONS

301.1 Formal performance evaluations must be conducted by the Supervisor at the end of an employee's initial

probationary period. This period allows the supervisor and the employee to discuss the job responsibilities,

standards, and performance requirements of the new position. (See PPP 208)

301.2 Six month performance evaluations that include increases in wages should be negotiated prior to hire and

are based on funding availability.

301.3 Performance evaluations are scheduled every anniversary date, on or about the employee's anniversary

date of hire in the position. Department Managers may conduct performance evaluations more often if it is

deemed necessary.

301.4 Additional formal performance reviews are conducted, at the discretion of the Department Manager, to

provide both supervisors and employees the opportunity to set performance goals, discuss job tasks, encourage

and recognize strengths, and identify and correct weaknesses.

301.5 Performance Evaluations will be reviewed, and updated if necessary, by the Department Manager

annually, or when there is a significant change in duties and responsibilities.

302 CONTINUOUS LENGTH OF SERVICE (Revised 11/13/2023, 10/13/2025)

302.1 Continuous length of service for a Tribal employee is that period of employment with the Bay Mills

Indian Community that is considered unbroken.

302.2 Continuous length of service shall be considered broken for the following reasons:

A. Acceptance of an employee’s resignation by their supervisor.

B. An employee is dismissed.

C. An employee fails to return at the expiration of an approved leave of absence.

D. Layoffs in excess of six months.

Retirement is not considered a break in continuous length of service for leave accrual calculations only.

302.3 Continuous length of service from other organizations may be considered for leave accrual calculations

only, Those organizations are:

BMCC – Bay Mills Community College

BMHA – Bay Mills Housing Authority

BIA – Bureau of Indian Affairs

CORA – Chippewa Ottawa Resource Authority, (including member Tribes)

GLIFWC – Great Lakes Indian Fish and Wildlife Commission, (including member Tribes)

IHS – Indian Health Services

ITC – Inter-Tribal Council of Michigan

302.4 Continuous length of service from other organizations than those included in §302.3, above, shall be

considered for leave accrual calculations only for those employees hired for a health, medical, or law

enforcement position, but only in the following circumstances:

A. The General Manager of the relevant Department designates the position as one for which prior

employment can be considered for leave accrual; and

B. The General Manager’s designation is made in writing to HR, prior to the hiring of an employment

position covered by the designation.

303 EMPLOYEE DATA CHANGES (Revised 12/9/2019)

303.1 It is the responsibility of each employee to promptly notify the Human Resources Department of any

changes in employee data. Employee mailing addresses, telephone numbers, number and names of dependents,

emergency contacts, educational accomplishment, and other such status reports should be accurate and current

at all times. All data changes must be turned in to the Human resources Department within 30 days from the

date officially changed.

303.2 Any changes in legal documents require copies of the certified documents to be brought to the Human

Resources Department for inclusion in his or her employee file.

303.3 All future employer documents will be sent to the employee’s last known address on file, such as tax

forms, pay checks, COBRA notices, and all other employment documents.

304 ENTERPRISE UNIFORMS

304.1 All Enterprise uniformed employees will be issued two uniforms during employee orientation. The

employee will pay for the first uniform and receive the second uniform at no cost. This will be payroll

deducted over two installments. In the event that employment is not maintained for the full duration of the

two installments, the full amount will be deducted from the employees last pay check.

304.2 All promotions/transfers/demotions may require the purchase of two new uniforms, again one at the

expense of the employee and the other at the expense of the employer.

304.3 The employee will pay the total cost for any additional uniforms. Management reserves the right to

request employees to purchase additional uniforms to maintain a neat and tidy appearance of the

department.

304.4 Employee will be charged a small fee upon hire, transfer or renewal for non-licensed employee

identification badges, or for a gaming license through the gaming commission.

304.5 Employees that have worked in one position for one year may be issued one additional uniform at no

cost to the employee. It is the responsibility of the employee see their Department Manager to obtain their

free annual uniform.

304.6 Upon resignation/termination, employees may keep their uniforms. Gaming Licensed employees

must turn in their gaming badges.

305 ACCESS TO PERSONNEL FILES

305.1 Human Resources files are the property of the employer, and access to the information they contain is

restricted. Only employees who have a legitimate reason to review information in a file are allowed to do so.

With reasonable advance notice, an employee may review material in his or her employee file. All reviews will

be conducted in the Human Resources Department within the presence of an employee of the department.

306 EMPLOYMENT REFERENCE CHECKS

306.1 The Tribe may conduct employment reference checks on applicants being considered for

employment. Applicants must provide written authorization for the tribe to obtain employment-related

information from former employers and other relevant sources.

306.2 The Human Resources Department is responsible for conducting and documenting reference checks

and maintaining the confidentiality of information obtained during the hiring process. All information

requested by the Human Resources Department is limited to employment-related facts.

306.3 Outside parties requesting verification of employment facts regarding current or former employees

must be directed to the Human Resources Department. Human Resources will verify any required

authorization before releasing information and will disclose only information permitted by Tribal policy,

applicable law, or the employees’ written authorization.

400 DISCIPLINARY PROCEDURES (revised 6/4/2023)

400.1 Bay Mills Indian Community has adopted a progressive discipline policy to identify and

address employee and employment related problems. The purpose of progressive discipline is to

assist employees by providing a structured corrective action process to improve and prevent a

recurrence of undesirable employee behavior and performance issues. This policy applies to any

and all employee conduct that the company, in its sole discretion, determines must be addressed

by corrective action.

400.2 Of course, no discipline policy can be expected to address each and every situation

requiring corrective action that may arise in the workplace. Therefore, the Company takes a

comprehensive approach regarding corrective action and will attempt to consider all relevant

factors before making decisions regarding corrective action. An employee may be subject to

disciplinary action for not meeting employer standards of behavior or performance or for

violation of a rule or procedure contained within these policies or individual departmental

procedures. To assist managers and employees, general policy violations are listed in section 401

of these Personnel Policies and Procedures.

400.3 In carrying out responsibilities under the progressive discipline procedures outlined in this section, a

manager must initiate and complete the disciplinary action as soon as possible. It is important that discipline is

applied in a fair and consistent manner. The manager has a critical role in conducting a fair and objective

investigation of a situation. An investigation may be as simple as confirming a late arrival through a time clock

or more complex with interviewing many employees and reviewing documents. More complex investigations,

or for violations listed under sections 401.2, should be conducted in coordination with the Human Resources

Director and Senior Management official of the facility.

400.4 Prior to taking any disciplinary action, the supervisor should first ensure the following;

A. That the employee had knowledge of the Bay Mills Policy & Procedures and/or Departmental Procedure;

B. That a fair and adequate investigation has been conducted ensuring that a policy has been violated;

including but not limited to, speaking with both parties involved and relevant witnesses; securing witness

statements and statement from both parties, getting surveillance reports or other relevant evidence of

wrongdoing;

C. Prepare a written action notification form, or other acceptable document to give to the employee which

cites the policy violated along with the actions necessary to correct it.

400.5 Progressive discipline should be used for violations outlined in section 401.1 of these policies. Only

similar occurrences or policy violations should be used to continue with the progressive disciplinary process.

Managers should also document all informal discussions it has with employees on performance issues. Under

normal circumstances, the Tribe endorses a policy of progressive discipline outlined below in which it attempts

to provide employees with reasonable notice of deficiencies and an opportunity to improve.

400.6 Informal Discussion(s): Although not a requirement of management, in many situations informal

discussion/verbal counseling is sufficient and highly recommended, especially for probationary employees. The

purpose of an informal discussion is to clarify policies and expectations. The manager will document informal

discussions in writing for his or her records that the conversation occurred. This action is not considered part of

the disciplinary process and is not punitive in nature and therefore cannot be grieved by the employee.

400.7 Step 1 - Written Warning: The first step in the corrective action process taken by a manager in

which he or she notifies an employee of behavior, performance or violation of policy to be corrected. The

manager should follow up with a written warning using an Action Notification form or other acceptable format

for all employee performance deficiencies or policy violations that fall under 401.1 that occur within a 12

month period. The Action Notification should describe the unacceptable conduct, outline expectations, and state

that further disciplinary action will occur if the behavior continues within 12 months.

400.8 Step 2 - Written Reprimand: The Second step in the corrective action process taken by a manager

when an employee continues to violate the same or similar policy, behavior or performance for which he or she

has received a written warning. The manager should again document with a written reprimand using an Action

Notification form or other acceptable formats. The Action Notification should again describe the unacceptable

conduct, outline expectations, and state that further disciplinary action, including suspension and/or termination

will occur if the behavior continues within 12 months.

400.9 Step 3 - Final Action Notification: The third and potentially final step in the corrective action

process taken by a manager when an employee continues to violate the same or similar policy, behavior or

performance for which he or she has received a written reprimand. Depending upon the severity of the

infraction the supervisor may: (1) issues a Final Action Notification; (2) suspend the employee; or (3), terminate

the employee. Employment may be terminated based on progressive discipline within a 12-month period or

based on the severity of a single incident

400.10 However, a single incident may be so serious in nature that management should bypass progressive

discipline and issue a Final Action Notification with suspension and/or termination. As noted above, the

supervisor should work in consultation with Human Resources Director and Senior Manager prior to issuing a

Final Action Notification with suspension and/or termination.

400.11 The manager may immediately suspend pending investigation and, if appropriate, terminate the

employee. Matters for which violation is considered serious misconduct are outlined in Part 401.2 of these

policies. However, the facts and circumstances of each case will determine what action is appropriate.

400.12 Suspension: The suspension shall be without pay. No holiday or leave benefits will be accrued or used

during this time. The length of suspension is based on the severity of the infraction, but in no case more than (5)

five days.

400.13 Termination- This action is taken by the Management when an employee has continued with actions or

behavior for which he or she has received a written warning and written reprimand or for cases of serious

misconduct listed under section 401.2.

400.14 Managers following the progressive disciplinary process, or issuing a final action notification must:

A. Ensure all necessary requirements listed under 400.5 are completed;

B. Meet with the employee in person to discuss the matter. If necessary, the manager or employee

can request a Human Resources Representative or another management official to be present

during this process;

C. Give the employee the opportunity to make comments, sign the document, and supply the

employee with a copy of the written action notification and submit a copy to the Human Resources

Department for inclusion in the employee's personnel file.

D. If the employee fails or refuses to return to the workplace to discuss a Final Action Notification

with their manager, then the following steps should be taken:

1. Document attempts made to contact the employee;

2. Mail the employees copy of the action notification to the employee’s last known address

stating last date of employment and reason for separation.

3. Forward a copy to the Human Resources Department for inclusion in the employee’s

personnel file

400.15 Employee behavior that is illegal, such as theft, drugs on property, fighting or acts of violence are not

subject to progressive discipline and should be dealt with by management as well as then turned over to the

appropriate law enforcement authorities.

400.16 Uniform application of the disciplinary procedure is necessary to ensure fair and consistent treatment of

all employees. It is advised that supervisors contact the Human Resources Director when administering or

considering disciplinary action under this policy, to review the employees file and to ascertain the type of

disciplinary action taken in similar circumstances.

400.17 An employee's disciplinary record may be cleared of minor infractions listed under the Personnel Policies

and Procedures section 401.1 if the employee works one full year without any further violations of rules of

conduct. The employee must put his or her request to have action notification removed in writing to the

department manager, and both the department manager and HR Director must agree to remove employee action.

401 EMPLOYEE CONDUCT (revised 1/24/22)

401.1 To assure orderly operations and provide the best possible work environment, the employer expects

employees to follow rules of conduct that will protect the interests and safety of all employees and the

employer. It is not possible to list all the forms of behavior that are considered unacceptable in the work

place, but the following are examples of violations of the rules of conduct that may result in progressive

disciplinary action. Some minor infractions listed under this section may also be considered more serious in

nature depending upon the level of responsibility within the department.

A. Excessive tardiness/absenteeism or irregular attendance

B. Abusing break privileges;

C. Loafing;

D. Failure to follow instructions;

E. Substandard quality or quantity of work;

F. Failure to report or document injuries or accidents in a timely manner;

G. Failure to follow policies and procedures;

H. Failure to care for equipment, supplies or inventories;

I. Horseplay or violations of safety rules;

J. Improper attitude and/or disruptive behavior;

K. Sleeping on the job;

L. Poor customer service;

M. Other

401.2 Certain types of infractions or misconduct are of a more serious nature and may be dealt with in a

different manner under the disciplinary procedure. The following list shows examples of infractions that are

considered serious misconduct.

A. Inability to get along with fellow employees

B. Rude or discourteous to guests

C. Disrupting the operations of the tribe;

D. Unlawful sale of alcohol/tobacco to minors;

E. Consumption of alcohol during working hours and/or coming to work under the influence;

F. Falsifying records or information;

G. Theft:

H. Dishonesty;

I. Leaving job without permission;

J. Work refusal/insubordination;

K. Fighting, threats or intimidation;

L. Gambling on company time;

M. Use, consumption, possession or solicitation of drugs or drug paraphernalia on property;

N. Destruction of property or malicious vandalism;

O. Conviction and/or charge of a serious criminal offense;

P. Disclosure of confidential information;

Q. Removing company property without approval;

R. Possession of weapons on property;

S. Misuse or unauthorized use of company property;

T. Sexual harassment (see section 408);

U. Improper language or immoral conduct;

V. Loss of Gaming license

W. Other

402 ATTENDANCE POLICY (revised 2/16/2024, 1/12/2026)

402.1 The Bay Mills Indian Community expects employees to maintain an acceptable attendance record.

Employees must communicate all anticipated absences to their direct supervisor or manager and receive the

appropriate approval to use any of the leave afforded to employees by Bay Mills Indian Community.

402.2 In the event an employee is late or absent for their shift, managers and supervisors will begin progressive

disciplinary action to address the excessive tardiness or absenteeism under Section 400, Disciplinary

Procedures. Unless a department manager has developed alternative attendance standards, and obtained

approval from executive management, the below attendance standards will be utilized when following

progressive disciplinary actions:

1. Written Warning: Three (3) unexcused tardies/early outs or one (1) unexcused absence

2. Written Reprimand: six (6) unexcused tardies/early outs or two (2) unexcused absences

3. Final Action Notification: nine (9) unexcused tardies/early outs or three (3) unexcused absences.

402.3 In the event an employee fails to notify their direct manager or supervisor at a minimum of 1 hour prior to

the start of their shift of any absence under the sick leave or personal leave policy, managers and supervisors

will begin progressive disciplinary action to address the excessive tardiness or absenteeism under Section 400,

Disciplinary Procedures.

402.4 An unexcused absence is defined as any absence without having any leave time to utilize or without

obtaining the proper approval for such leave under the written guidelines within those policies. A tardy is

defined any occurrence to where an employee reports to work thirty (30) minutes or less to an employees

scheduled shift. Any tardy beyond 30 minutes is subject to managers approval, or otherwise is considered an

absence. Employees are still required to give management notice of their tardiness. Progressive Disciplinary

actions for Attendance will be implemented on a rolling calendar year under Section 400, Disciplinary

Procedures.

402.5 In the event an employee exceeds that allowable 40 hours of undocumented sick leave during a given

calendar year, managers and supervisors will begin progressive disciplinary action to address the excessive

tardiness or absenteeism under Section 400, Disciplinary Procedures.

402.6 Employees needing to leave the workplace early for personal reasons will follow the same progressive

disciplinary guidelines as a tardy. However, any manager may allow an early out or no shift to any employee

when the needs of the Department are being met without applying progressive discipline. Managers will get

consent from employees to utilize accrued leave for any hours below their scheduled weekly hours for early

outs or no shifts approved by the Manager.

402.7 On high need days as identified in Section 700.12, an employee must receive approval from their direct

manager or supervisor for annual or personal leave usage. In the event sick leave is used for excessive tardiness

or absenteeism during high need days managers and supervisors will begin progressive disciplinary action to

address the excessive tardiness or absenteeism under Section 400, Disciplinary Procedures.

402.8 Bay Mills Indian Community considers no call no shows unacceptable. If an employee is a no call no

show for any schedule shift, the employee will be automatically terminated, pending first review from

Executive Management to review any mitigating circumstances. A No-call No-Show is not showing for your

shift or not notifying your department manager within one (1) hour after the start of your shift of your absence.

402.9 Managers and supervisors must communicate all attendance infractions to employees within a reasonable

time period. Unless mitigating circumstances exist, this must be within 14 working days from when the

infraction occurred. If Managers and supervisors fail to communicate attendance infractions, General

Management will begin progressive disciplinary action to address failure to follow policies and procedures

under Section 400, Disciplinary Procedures.

402.10 Bay Mills Indian Community is committed to ensuring fair and equitable implementation of this policy.

If an employee has knowledge of any unfair or inconsistent application of this policy, please report to the

Human Resources Director. Attendance infractions will transfer with the employee between tribal departments

he/she may work for or transfer to.

403 CODE OF CONDUCT (revised 2/4/19)

403.1 Employees have an obligation to conduct business within guidelines that prohibit actual or potential

conflicts of interest. No employee of the Bay Mills Indian Community shall participate in selection or in the

award of a contract if a conflict of interest would be involved. Such a conflict would arise when, the employee,

or any member of his/her immediate family as defined in section 706.3, or an organization which employs, or is

about to employ, any of the above, has a financial or other interest in the selection for award.

403.2 No employees or agents of Bay Mills Indian Community shall solicit nor accept gratuities, favors, bribes,

price breaks, or anything of monetary value from contractors, potential contractors, vendors, or any person or

entity which is under consideration by the Tribe to become a contractor or vendor. Depending upon the

circumstances, exceptions to this provision may be granted only in situations where the financial interest is less

than fifty dollars or the gift is an unsolicited item of nominal intrinsic value.

403.3 An employee of Bay Mills Indian Community shall be careful to ensure that he or/she is involved in no

apparent or potential violations of this provision. Any employee or agent of the Bay Mills Indian Community

should report violations of this Code of Conduct to his or/her manager. No "presumption of guilt" is created by

the mere existence of a relationship with outside firms. However, if an employee has any influence on

transactions involving purchases, contracts, or leases, it is imperative that he or she disclose to his or her

manager of the department as soon as possible.

403.4 There will be no retaliation against any party who makes a good faith complaint concerning violations of

this Code of Conduct; nor will there be any retaliation against any party who provides information in the course

of an investigation into alleged violations of this Code of Conduct. All departmental managers have a

responsibility to be sensitive to and deal with violations of this Code of Conduct.

403.5 Any employee or agent of the Bay Mills Indian Community, determined to have committed a violation of

this Code of Conduct shall be subject to disciplinary action, up to and including termination.

404 NON-DISCLOSURE

404.1 The protection of confidential and organizational information is vital to the interests of the Tribe.

404.2 Any employee who discloses confidential information will be subject to disciplinary action (including

possible discharge) and legal action, even if he or she does not actually benefit from the disclosed information.

404.3 Specific departments and/or positions will also be subject to a higher standard of confidentiality in

accordance with HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule.

404.4 Those positions subject to compliance with HIPAA Privacy Rule will be identified on Bay Mills Indian

Community “position description”.

404.5 Personnel hired into a position subject to compliance with HIPAA Privacy Rule must complete the

HIPAA Privacy Rule training, as set forth by the Bay Mills Medical Center, within their first week of hire.

405 GRIEVANCE PROCEDURE

405.1 The Bay Mills Indian Community will do its utmost to insure that working conditions are as pleasant as

possible and that each employee receives equal, courteous and fair treatment. The tribe seeks to secure, at the

lowest level possible, a fair and timely solution to the complaints or grievances of its employees.

405.2 A grievance is a dispute, or claim arising under the terms of this policy and filed by an employee of any

facility owned and operated by the Bay Mills Indian Community. Grievances are limited to matters of alleged

violation, mistaken interpretations, or unfair application of a policy or department procedure. Employees who

have not completed his or her original hire probationary period are not eligible to utilize this grievance

procedure.

405.3 There shall be a Grievance Board created for the purpose of hearing grievances as defined above in

Section 405.2. The Human Resources Director will post a vacancy announcement at the end of each calendar

year. Any employee or community member interested in becoming a member of the Grievance Board will

submit a short narrative to the Human Resources Director within 14 days from the date of posting. This

narrative will briefly state their individual reasons for wanting to participate in this grievance process. The

Human Resources Director will bring all submissions to the Executive Council for review and selection. The

Executive Council may select up to 20 candidates, ensuring adequate representation between management/nonmanagement and tribal/non-tribal candidates.

The Human Resources Director will be charged with balancing the Grievance Board to ensure there is a

majority of tribal membership on each board. There must be at least one manager on the Grievance board. Five

(5) candidates shall serve on each Board.

405.4 The Human Resources Director will make the necessary arrangements to assemble an unbiased

Grievance board for each individual grievance. The Human Resources Director, or his/her designee, will serve

as the moderator of this grievance process. The moderator’s role is to assist the grievance board only. He/she

has no vote in the outcome of the grievance and can be asked to exit the process at any time by the grievance

board.

405.5 The Human Resources Director will submit a letter to the executive council asking them to remove any

board member who is not fulfilling his or her duties as a member of the grievance board.

405.6 Employees shall be free to use this procedure without restraint, interference, coercion, discrimination, or

reprisal. Any employee, whether acting in an official capacity of the Tribe or on any other basis, shall not

interfere with or attempt to interfere with another employee's exercise of his or her rights under this procedure.

However, employees may be reprimanded for abuse of this procedure for raising grievances in bad faith or for

the purpose of delay or harassment.

405.7 An employee who wishes to file a grievance under these policies must do so in writing, to the Human

Resources Director. The employee must file his or her grievance within five (5) working days of the date the

employee was officially notified of the action being grieved. Any employee seeking assistance in submitting a

grievance should contact the Human Resources Director. A grievance shall be submitted using the provided

grievance forms only and must contain, at a minimum, the following information

A. Nature of the employee's work related grievance;

B. Policy(s) and/or department procedure(s) that is perceived to have been violated or unfairly applied;

C. Name(s) of the person or persons involved, if any;

Action requested to be taken by the Grievance Board as pertaining to the personnel policies and

procedures;

E. Ensure all relevant documentation is attached; and

F. Other information or evidence the employee considers important to the resolution of the grievance.

405.8 A grievance, once submitted, shall not be altered without the express consent of both parties involved. An

employee may withdraw his or her grievance at any time without prejudice.

405.9 The Human Resources Director will make every attempt to assemble the Grievance Board within ten (10)

working days. Working days for purposes of this policy are defined as Monday through Friday.

405.10 It shall be the responsibility of the Grievance Board to determine whether the policies contained within

this manual and/or Department Procedures were properly applied; or, in the absence of a specific policy, did the

manager use good reason and judgment when taking corrective action under these policies and procedures

and/or departmental procedures.

405.11 The Grievance Board shall review the written information presented to it, talk to the employee and any

other person(s) involved in the dispute and gather such other information it deems necessary to formulate a

decision. Under normal circumstances, the grievance board will:

1. Meet with the employee, reviewing submitted grievance form and documentation as well as hear any

relevant witnesses the employee provides;

2. Meet with management, reviewing all documentation provided as well as hear any relevant witnesses the

manager provides;

3. If unconfirmed evidence is provided by the employee or manager, the Grievance Board will again speak

with the other party allowing them the opportunity to refute the evidence or information.

4. Continue to speak with employee and/or manager until the board has sufficient information to make a

decision as to whether the policies were followed.

405.12 The Grievance Board will forward his or her written decision to the Human Resources Director, who

shall forward this decision, in memo form, to both parties within five (5) working days of the completion of its

hearing process.

405.13 By majority vote, the Grievance Board may uphold or reverse any personnel action taken to ensure fair

and consistent application of these policies or department procedures.

405.14 The decision of the Grievance Board is final. To further ensure fairness and consistency of the

process, the Executive Council can appoint an advocate to attend and observe any or all grievances.

The Executive Council may also request a copy of any grievance file to review.

405.15 All information presented to the Grievance Board shall be kept confidential.

406 TERMINATION OF EMPLOYMENT

406.1 Bay Mills Indian Community will terminate employment because of an employee's resignation,

discharge, retirement, the expiration of an employment contract, or a permanent reduction in the workforce.

Discharge can be for any reason not prohibited by law. In the absence of a specific written agreement,

employees are free to resign at any time and for any reason, and Bay Mills Indian Community reserves the

right to terminate employment at any time and for any reason.

406.2 Employees are requested to give two weeks written notice of their intent to resign. Failure to give

written notice may result in ineligibility for rehire.

406.3 Employees who are absent from work for three consecutive days without being excused or giving

proper notice will be considered as having voluntarily quit.

406.4 No final paycheck will be issued to any employee (payee) until their Supervisor or Management

certifies that:

A. There are no outstanding travel advances to the payee.

B. Repayment for any other debt owed the Tribe by the payee has been satisfactorily arranged.

C. The payee has returned in workable condition all equipment owned by the Tribe.

406.5 In the event that the Supervisor or Management determines that the payee owes the Tribe, the amount

disbursed shall be reduced by the debt owed.

406.6 Management must complete an exit interview form for each employee leaving the organization that

has access to any of the following assets, information or property listed on the exit interview form.

407 SEVERANCE PAY

407.1 Bay Mills Indian Community does not grant severance pay to employees whose employment is

terminated. However, the Bay Mills Indian Community reserves the right to make-exceptions to this policy

in its sole and absolute discretion.

407.2 Bay Mills Indian Community does pay for unused annual leave up to the limit of annual leave hours

allowed to be carried from one fiscal year to the next, when an individual employment is terminated.

407.3 Bay Mills Indian Community will not pay for any unused sick leave, when an individual employment

is terminated.

408 ANTI- HARASSMENT (revised 10/16/2024)

408.1 Bay Mills Indian Community does not tolerate harassment of any of our employees, customers, clients,

or vendors. Any form of harassment, including, but not limited to race; religion; religious creed; religious

observance /practice /dress /grooming; color; sex; sexual orientation; gender; gender identity (meaning a

person’s identification as male, female, a gender different from the person’s sex at birth, or transgender); gender

expression; two-spirit individuals (including a person’s gender-related appearance or behavior, whether or not

stereotypically associated with the person’s sex at birth); national origin; pregnancy; age; medical condition;

physical disability; mental disability (including but not limited to learning disabilities, intellectual disabilities,

past/present history of a mental disorder); genetic characteristics; or any other characteristic is a violation of this

policy.

408.2 Harassment of employees in connection with their work by non-employees may also be a violation of

this policy. Any employee who experiences harassment by a non-employee or who observes harassment of an

employee by a non-employee should report such harassment to his or her supervisor or Human Resources.

Appropriate action will be taken against any non-employee violating this policy. Harassment of our

customers/clients or employees of our customers/clients, vendors, or suppliers by our employees is also strictly

prohibited. Any such harassment will subject an employee to disciplinary action, up to and including dismissal

from employment, following section 400 of these policies.

408.3 Harassment can take many different forms. It can involve verbal, physical, or visual conduct and can

occur on or off the work site. In addition to the above-listed conduct, “sexual harassment” can also include the

following examples of unacceptable behavior:

A. Unwanted sexual advances;

B. Offering an employment benefit (such as a raise or promotion or assistance with one’s career) in

exchange for sexual favors or threatening an employment detriment (such as termination, demotion,

or disciplinary action) for an employee’s failure to engage in sexual activity;

C. Visual conduct, such as leering, making sexual gestures, displaying of sexually suggestive objects or

pictures, cartoons or posters;

D. Verbal sexual advances, propositions, or requests;

E. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually

degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations;

F. Physical conduct, such as touching, assault, impeding or blocking movements.

408.4 Prohibited conduct under this policy may fall into a large range of behaviors, including the involvement

of law enforcement. While every instance of harassment is unwelcome and, therefore, prohibited, the severity

and pervasiveness of the conduct will determine the appropriate disciplinary action up to and including

immediate termination.

408.5 If you feel that you are being harassed, you should:

A. First attempt to clearly state to the person that their comments and actions are not welcome.

B. Immediately notify your supervisor. If you do not feel that the matter can be discussed with your

supervisor, you should contact the Human Resources Department or designee to discuss your

complaint.

408.6 All complaints of harassment that are reported to management will be investigated as promptly as possible,

preferably within ten (10) business days, by the Human Resources Director or designee and the complainant’s

supervisor (if appropriate) as soon as possible. All complaints of harassment that are reported to management will

be treated confidentially to the greatest extent possible based on a need to know and consistent with the need to

conduct an adequate investigation.

408.7 Employees will not be penalized nor retaliated against in any way for submitting a harassment report or

for participating in a harassment investigation.

408.8 If management finds that an employee has violated Bay Mills Indian Community policy, appropriate

corrective action will be taken. Furthermore, as part of our attempt to remedy the complainant's concerns, the

complainant will be informed of remedial measures and disciplinary actions imposed against the violator.

408.9 If a fraudulent or malicious complaint is determined to have been made, disciplinary action may be

imposed on the complainant, up to and including dismissal.

409 TWO SPIRIT INDIVIDUALS & GENDER IDENTITY POLICY (Revised 10/16/2024, 10/27/2025)

409.1 Bay Mills Indian Community is committed to the fair treatment of and equal opportunity for Two-Spirit

Individuals, including, but not limited to, Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex,

Asexual (LGBTQIA+) individuals. It is the policy of Bay Mills Indian Community to reaffirm our commitment

to creating safe spaces for all employees, regardless of sexual orientation, gender identity, gender expression,

and intersex status. The Tribe’s ban on discrimination works to create the reasonable expectation of an

environment where all employees and applicants for employment at Bay Mills Indian Community are evaluated

by their performance, rather than by their sexual orientation, gender identity, gender expression, intersex status,

or others’ perceptions thereof.

409.2 Definitions:

A. Two-Spirit: A term used by some Indigenous Peoples to describe a person who embodies both

masculine and feminine qualities or identifies with a gender outside the male-female binary.

B. LGBTQIA+: An acronym for Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex,

Asexual, and other identities that fall within this spectrum.

409.3 Each person, by virtue of his or her1 particular character and context, has a unique identity. Therefore,

the organization will use an employee’s legal name as indicated in government-issued identification documents

only if it is necessary to meet a legally mandated obligation, but otherwise must identify the employee in

accordance with the employee’s gender identity and preferred name on all other internal documents.

Employees are expected to make every effort to use preferred names and pronouns when addressing

colleagues.

Employees have the right to use the restroom and facilities that correspond with their gender identity.

Any dress code must be flexible and allow employees to dress in accordance with their gender

identity or expression.

409.4 Bay Mills Indian Community is committed to maintaining the privacy and confidentiality of all

employees. Information about an employee’s sexual orientation, gender identity, or gender transition will not be

disclosed without their consent, except as required by law.

409.5 Some employees may face ongoing harassment and are, along with all other employees, protected under

the Bay Mills Indian Community Anti-Harassment policy. See section 408.

409.6 Mandatory diversity and inclusion training will be provided to all employees, with specific modules

focusing on the experiences and challenges faced by Two-Spirit and LGBTQIA+ individuals.

Each person, by virtue of his / her/ their particular character and context, has a unique identity.

410 PERFORMANCE IMPROVEMENT PLANS (08/25/2025)

410.1 Bay Mills Indian Community believes that performance issues are correctable and will provide

employees the opportunity to improve their performance, while holding them accountable for past

performance. This policy guides managers and employees in addressing the need to improve performance.

This process should be grounded in a spirit of respect and support, consistent with the values of Bay Mills

Indian Community.

410.2 A Performance Improvement Plan (PIP) is a series of measures designed to help improve an

employee’s performance. The PIP will communicate performance discrepancies, when an improved level

of performance is to be achieved, and the actions and steps that will assist the employee in meeting

performance expectations. The PIP process is meant to be collaborative, transparent, and supportive,

providing resources to the employee to succeed.

410.3 A PIP should be implemented to aid in correcting performance challenges associated with the skills

and expertise of employees. A PIP may be used in conjunction with performance-based disciplinary

procedures, as outlined in Section 400 of this Manual. Performance Improvement Plans are not to be used

for issues of conduct, insubordination, or workplace rule violations, which are governed under the Conduct

and Discipline Policy (Section 400).

410.4 Department supervisors have the responsibility of communicating the expected performance

standards of the position through the position description, departmental procedures, applicable regulations,

annual performance appraisals, inter-departmental memos, email communications, or other targets,

objectives, and goals of the department. Thus, the definition of poor performance is work performance and

work product that does not meet the job requirements outlined by their department supervisor in the manner

described above.

410.5 The supervisor is responsible for monitoring the PIP with regular check-ins to measure and discuss

improvement. The supervisor is responsible for providing necessary coaching, mentoring, and training to

ensure success of the plan. The supervisor may employ techniques such as retraining, reallocation of

duties, additional support from colleagues, process or systems changes, or other strategies as appropriate

for the position.

410.6 Performance Improvement Plans should be reviewed with the Human Resources Director prior to

issuing. Managers may ask Human Resources to assist in the meeting. Performance Improvement plans

must contain three components. A sample format is attached in the appendix.

410.7 Performance Improvement Plan Component 1: Written narrative to identify which expected

performance standards are not being met, with a summary of specific and objective examples

410.8 Performance Improvement Plan Component 2: Identify a plan to improve performance that

contains specific standards that the employee is expected to achieve which are objectively or quantitatively

measurable, attainable and relevant for the position, and be timebound, with specific dates and timelines for

completion of improvement measurements. Support and resources available for the employee should be

identified.

410.9 Performance Improvement Plan Component 3: Identify consequences of meeting or not meeting

PIP. If all goals\objectives are met, the PIP will have been completed successfully. If goals\objectives are

not met, additional steps may be taken which may include Performance Improvement Plan extension,

demotion, recommended transfer, or termination of employment.

410.10 A PIP must contain a meeting schedule for one-on-one follow-up between the manager and

employee. These discussions should include how and if objectives are being met, additional resources the

employee may need, and address any questions or concerns.

410.11 All PIPs must specify a review period, generally ranging from 30 to 90 days. A written summary of

the employees’ progress and final outcome will be documented and retained in the employee’s personnel

file. Human Resources must participate in the final review and determination of next steps.

501 PAYDAY

501.1 Employees will be paid on a biweekly basis. The first day of the pay period is Sunday and the last

day is Saturday. Payday will be the Thursday following the end of the pay period.

501.2 In the event that a regularly scheduled payday falls on a scheduled holiday, employees will

receive pay on the last day of work before the regularly scheduled payday unless otherwise stated by

Accounting.

501.3 Timesheets must be approved by 10am the Monday of pay week. No changes can be issued if

changed in timekeeper after that.

501.4 Unless communicated otherwise by the Accounting Department, a payroll correction is needed

after the 10 am cut off, management must forward a completed payroll correction form to accounting.

Only 75% of the correction will be issued. Hours will be reconciled with next pay period.

502 COMPENSATION (revised 11/13/2023, revised 08/10/2026)

502.1 Employees will be compensated fairly, without regard to age, sex, race, color, religion, or

disability, and in accordance with all applicable laws and regulations, and subject to such budgetary

considerations as business conditions may create.

502.2 The Human Resources Director has overall responsibility for implementation and the day-to-day

administration of this policy. Department managers are responsible for setting clear objectives to

subordinates, conducting fair evaluations and helping employees improve performance.

502.3 Wage Grids. The Human Resources Director will create and manage wage grids for each

division, which must be approved by Tribal Manager/General Manager. Each wage grid will have a

labor grade with a starting wage and maximum wage.

502.4 Job Analysis and Evaluation Each position in the organization must be thoroughly analyzed

and described. The Department Manager, in conjunction with the Human Resources Director, is

responsible for the development and evaluation of each current or proposed position description and

placed on the departmental organizational chart. Each position will be evaluated and assigned to an

appropriate labor grade and rate range. New positions will not be filled until this process is completed

and approved by the General Manager/Tribal Manager/ Chief Financial Officer/Health & Human

Services Director/Tribal President, the Human Resources Director, and the Executive Council.

502.5 Exempt/Non-Exempt Determinations. Each position must be classified as exempt or nonexempt to determine if the position is exempt from the provisions of the Fair Labor Standards Act. The

Human Resources Director, in conjunction with the General Manager/Tribal Manager will determine

such exemptions.

502.6 New Hires. New employees are paid at the minimum rate on the wage grade their job has been

assigned to. The Department Manager may request an appropriate starting wage higher than the

minimum rate. (see 502.8). In determining the appropriate rate of pay for a new hire, consideration

must be given to pay equity within the department, as well as the new employee’s overall experience,

training, and skill level.

502.7 Promotions. A promotion is defined as a job change resulting from a job posting or

reclassification, in which the new position has a higher grade than that of the previous position. The

amount of promotional increase, if appropriate, should be developed with consideration of several

factors:

1. The magnitude of the job change (i.e., number of grades, etc.).

2. The current level of the promoted employee’s skills and experience as related to the new

position.

3. The internal equity of the existing employees (i.e., what other employees in similar positions

with comparable experience are earning).

4. The earnings history (including current salary) of the promoted employee.

5028 Transfers. Employees transfering to a new position, are subject to the starting wages of that

position. The date of transfer will become the new anniversary date for performance evaluations. Upon

review and approval by the Human Resources Director, certain positions within a department may

transfer between positions without a change to the evaluation date. Employees transferring must

complete a 2-week notice to their current department.

502.9 Demotions. Employees being demoted will be subject to the pay range of the new position.

502.10 Request for Higher Starting Wage. Department managers may request a higher starting wage

for any new hire, employee transfer, or demotion. Higher wage requests that are 10% higher than the

normal starting rate must be submitted in writing and receive approval by both the General

Manager/Tribal Manager/Chief Financial Officer/Health & Human Services Director/Tribal President

and the Human Resources Director.

502.11 Annual Pay Increase. Employees may become eligible for a pay increase at the end of one

year's service and on each anniversary thereafter. The amount of the increase is dependent upon the

employee's performance over the preceding year.

502.12 Probationary Performance Evaluation. The supervisor or manager will conduct a

performance evaluation at the end of the employee’s probationary period. Performance will be

measured and documented using the approved performance evaluation form. When agreed upon in the

pre-hire job offer only, a compensation increase may be awarded.

502.13 Annual Performance Evaluation. The supervisor or manager will conduct a performance

evaluation on each annual position anniversary. Performance will be measured and documented using

the approved performance evaluation form. The scores of the performance evaluation will be used to

determine the amount of a pay raise, if applicable, to be awarded, which shall not exceed 3% of the

employee’s current rate of pay.

502.14 Review Process Any evaluation that results in a wage higher than the standard approved

percentage must be reviewed and approved prior to implementation by the General Manager/Tribal

Manager/ Chief Financial Officer/Health & Human Services Director/Tribal President, and the Human

Resources Director.

502.15 Maximum Wage. When an employee attains the maximum pay rate for their current position

according to the existing wage grid, the employee will be eligible for an increase not to exceed 1.5% of the

employee’s current rate of pay with a successful performance evaluation.

502.16 Education Increases. Bay Mills Indian Community supports and encourages employees to seek

higher education. Managers will request a higher wage when employees earn college degrees. Employees

completing an Associate’s Degree are eligible for a 3% increase, employees earning a Bachelor’s Degree

are eligible for a 4% increase, and employees earning a graduate-level degree are eligible for a 5% increase.

Employees must submit transcripts to be eligible.

502.17 Overtime Pay. Non-exempt employees must be paid overtime, for any hours worked over 40 hours

in a week. Law enforcement non-exempt employees must be paid overtime for any hours worked over 80

hours in a pay period. Paid leave, holidays, paid lunches or other leave time does not count towards hours

worked for overtime purposes. Overtime will be paid at a rate of 1.5 times the regular rate of pay. (See

801.3 Work Hours)

600 EMPLOYEE BENEFITS (revised eff. 1/1/2025)

600.1 Bay Mills Indian Community employees are provided a wide range of benefits depending upon

employment category and type of employment.

600.2 Enterprise Employees will have benefits comparable to the Governmental Employees. However,

because of the State-Tribal Gaming Compact and possibly Federal Legislation the benefits may not be

identical. An example is that Enterprise Employees are covered by worker's compensation instead of

Short- and Long-Term Disability Insurance Coverage as Governmental Employees.

600.3 For benefit and accrual rates only, an employee’s length of service will be reduced by the length

of time the employee was on approved leave without pay or layoff exceeding (14) fourteen calendar

days. This does not include employees off on approved leave with pay.

600.4 Bay Mills Indian Community may make provisions under a self-insurance program and utilize an

illustrative premium provided it is based on reasonable estimates of expenses.

601 FEDERAL AND STATE TAXES / INSURANCES

601.1 The Bay Mills Indian Community contributes FICA (Federal Insurance Contribution Act), MEDI

(Medicare), FUTA (Federal unemployment insurance) and SUTA (State unemployment insurance) for regular

or temporary, full- and part-time employees.

602 BAY MILLS INDIAN COMMUNITY 401(K) RETIREMENT PLAN (revised 4/1/21)

602.1 The Bay Mills Indian Community adopted a qualified 401(K) Retirement Plan which was implemented

on January 1, 1997. A plan overview prepaid by the Plan Manager is available for your review by contacting

the Tribal Accounting Department.

602.2 Bay Mills Indian Community makes a contribution based on a percentage of one’s gross compensation

for all employees employed for six months (starting the first day of the next full quarter). The amount

contributed by Bay Mills Indian Community is determined annually prior to the beginning of the next year.

Employees will be notified of each change. The quarters start on January 1st, April 1st, July 1st, or October 1st of

each year the Plan is in effect.

602.3 The Tribe has designated a professional Plan Manager to administer the Plan. Please contact the

Accounting Department if you want to have additional questions and they will put you in contact with the

appropriate person(s).

603 HEALTH INSURANCE (revised 10/13/2025)

603.1 Waiting Period. Regular full-time employees (as defined in Sec. 209.2) are eligible for health

insurance after meeting the waiting periods described in this section.

Unless specified differently in the contract of employment, the waiting period for full-time employees

is (60) days of continuous employment, with coverage available on the 1st of the month following

completion of the sixty (60) day period.

Employees are required to attend a benefit orientation prior to enrollment. Enrollment cannot be

completed until he or she has attended benefit orientation.

603.2 Waiver of Waiting Period. The waiting period for benefit eligibility shall be considered fulfilled

for those employees whose last employer was the Tribe or an organization with a governing board on

which the Tribe is represented. There must be no lapse in time between the previous employment and

employment must have been at least sixty (60) days in duration. The organizations for whom previous

employment satisfies the waiting period are as follows:

BMCC – Bay Mills Community College

BMHA – Bay Mills Housing Authority

BIA – Bureau of Indian Affairs

CORA – Chippewa Ottawa Resource Authority, (including member Tribes)

GLIFWC – Great Lakes Indian Fish and Wildlife Commission, (including member Tribes)

IHS – Indian Health Services

ITC – Inter-Tribal Council of Michigan

603.3 Insurance Provider. Bay Mills Indian Community provides health

insurance to eligible employees through a regional insurance carrier.

603.4 Contract Requirements. All coverage is subject to the limitations and

provisions of the health insurance plan documents and contracts.

603.5 Persons Eligible. The employee, spouse and legal dependents up until the year in which they turn

26 years of age are eligible for health insurance coverage.

603.6 Premium Sharing. Bay Mills Indian Community may designate a portion of the monthly health

insurance premiums to the employee. The employee is responsible for any designated health insurance

premium share costs on a bi-weekly basis to maintain eligibility and is subject to any future changes. All

premium share costs will be payroll deducted on a pre-tax basis. Employees on approved leave are

responsible for any missed payments which will be payroll deducted upon the employee’s return, unless

other payment arrangements are made by the employee.

603.7 Look-Back Period. Bay Mills Indian Community will engage in a look back period in accordance

with the Patient Protection and Affordable Care Act (PPACA) to ensure an offer of benefits is provided

to all eligible employees.

603.11 Reporting Required by Employee. Employees must comply with the reporting requirements of

the health insurance contract concerning membership changes to their contract. The following changes

for an employee or his/her dependent(s) must be reported to the Human Resources Department within

30 days of the event; failure to comply will delay adding covered person(s) to the employee’s contract

until the annual open enrollment dates for the group policy

-marriage

-divorce

-birth

-death

-no longer dependent

-adoption

-entry into military

-transfer to another contract

In the event that an employee(s) spouse, and/or dependent(s) become eligible for coverage under more

than one contract through Bay Mills Indian Community, the contract holder(s) must notify the Human

Resources Department. The employees must choose under which contract his/her dependents and/or

spouse will remain covered. Dual health coverage through Bay Mills Indian Community will not be

allowed.

603.13 Employee Waiver of Coverage. An eligible employee who has health insurance coverage from

an external organization or agency may, upon submission of documentation of such coverage to the

Human Resources Department, elect in writing to waive the health insurance coverage benefit provided

by the Bay Mills Indian Community, and shall further specify in writing, to receive compensation

determined by the Executive Council in lieu of enrollment This additional compensation is considered

earnings and will be subject to income tax.

604 LIFE INSURANCE

604.1 Regular full-time Governmental and Enterprise Salaried employees are eligible for employer paid life

insurance coverage.

604.2 Each eligible employee will be covered by term life insurance beginning the first day of employment and

ending the last day of employment.

604.3 Coverage and terms of the life insurance are subject to limitations and provisions of the current policy.

Check with the Human Resources Department for details.

604.4 The cost of the life insurance will be paid by the employer.

604.5 Employees may take out additional coverage at their expense; contact the Human Resources Department

for information.

605 WORKERS’ COMPENSATION (Revised 11.24.2025)

605.1 Enterprise and limited governmental employees are covered under the Tribe’s workers’ compensation

insurance program beginning the first day of employment and ending the last day of employment.

605.2 Governmental positions that require workers’ compensation coverage are subject to individual council

approval.

606 DISABILITY COVERAGE & LIFE INSURANCE (revised 8/10/2026)

606.1 Eligible governmental employees are covered under the short-term and long-term disability coverage and

a Term Life Insurance Policy.

606.2 Coverage and terms of the disability and Life Insurance coverage are subject to the limitations and

provisions of the current policies.

606.3 The cost of the disability coverage will be paid by the employer.

606.4 Enterprise management personnel are eligible for employer paid life insurance

606.5 Specific terms of the disability and life insurance policies applicable to your employment situation can be

reviewed by contacting the Human Resources department.

606.6 Short-term and long-term disability is not medical leave or family medical leave. It is an insurance that

covers a portion of an employee’s wages while off on an approved medical or family medical leave, and can be

applied for through the benefits department in Human Resources.

607 HOLIDAYS (revised 8/25/25)

607.1 Regular full-time employees will receive the following paid holidays in 8-hour increments:

New Year's Day (January 1)

Good Friday (Friday before Easter) for Government Employees

Easter (Sunday) for Enterprise Employees

Memorial Day (last Monday in May)

Independence Day (July 4)

Labor Day (first Monday in September)

Veteran’s Day (November 11)

Thanksgiving (fourth Thursday in November)

Christmas Eve (December 24)

Christmas (December 25)

New Year's Eve (December 31)

607.2 Regular part-time employees are eligible for those holidays which are observed on their regularly

scheduled days. Regular part-time employees will be compensated for the number of hours they would

normally work on these days.

607.3 A recognized holiday that falls on a Saturday will be observed on the preceding Friday. If that Friday

is already an observed holiday, it will be observed on the following Monday. A recognized holiday that

falls on a Sunday will be observed on the following Monday. If that Monday is already an observed

holiday, it will be observed on the preceding Friday.

607.4 Government Employees to be eligible for holiday pay, employees must work or be on a paid excused

absence the last scheduled day immediately preceding the holiday and the first scheduled day immediately

following it. Employees who claim sick leave for these days will be expected to provide verification from a

medical practitioner or other evidence as requested by the employer.

607.5 Enterprise Employees must work the holiday to receive holiday pay.

607.6 If a recognized holiday falls during an eligible employee's paid absence (annual leave) the holiday

time will not be considered as part of the employee's annual leave time.

607.7 It may be necessary for employees to work on these holidays. If an employee is scheduled to work on

a holiday and he or she does not receive other consideration for such overtime, he or she will be granted an

equal amount of time off on an alternate day as arranged by the employee and his or her Department

Manager.

607.8 All Full-Time Regular Governmental Employees will be granted paid holidays as long as they meet

the criteria cited in 607.4. If a non-exempt employee is required to work on the actual designated holiday,

not the day on which it is observed, they will be paid time and a half in addition to the 8 hours of holiday

pay. If the employee does not work on that designated holiday, they will receive regular Holiday Pay, in

eight (8) hour increments.

700 ANNUAL LEAVE (revised 6/4/2023, 10/13/2025)

700.1 Regular full-time (30-40 hours scheduled) and regular part-time (20-29 hours scheduled) employees

are eligible for annual leave benefits as described below.

700.2 All requests for annual leave must be submitted to an employee's manager, at least two (2)

working days in advance of the requested leave time. On days identified as high need days, all requests for

annual leave must be submitted in writing to an employee’s manager at least fourteen (14) working days in

advance of the requested leave time (see 700.12 for high need days).

700.3 Annual leave requests must be approved by an employee's manager. The employee is responsible

for getting approval of his or her manager.

700.4 Requests will be evaluated based upon various factors, including anticipated operating

requirements and staffing considerations during the proposed period of absence.

700.5 Annual leave shall not be used until after it has been accrued. Annual leave will be accrued at the

end of each pay period.

700.6 It is the responsibility of the employee to ensure that he or she has adequate annual leave time

available before using it.

700.7 Upon normal termination of employment, employees will be paid for unused annual leave benefits

that have accrued through their last day of work, up to the maximum carryover allowed (104 hours).

700.8 Only regular part-time and regular full-time employment will be counted towards length of

continuous service for annual leave benefits. Annual leave is awarded to eligible employees according to

the following schedule:

Length of continuous service - Accrual rate Part-Time

Less than 3 years

1 hour p/w

More than 3 years/less than 10 years

1.5 hours p/w

Over 10 years

2 hours p/w

Full-Time

2 hours p/w

3 hours p/w

4 hours p/w

700.9 Regular part-time employees will receive ½ the accrual rate of regular full-time employees.

Employees scheduled between 20-29 hours are considered regular part-time (see 209.3)

700.10 Employees are not eligible for leave accruals until they are (18) eighteen or provide proof of

graduation to HR Director. At that time, their eighteenth birthday or proof of graduation will be used

as their anniversary date and not their original date of hire.

700.11 Employees are strongly encouraged to take earned annual leave during the benefit year of its

accrual. In the event that an employee has not used all annual leave benefits by December 31st, he or

she will be allowed to carry over a maximum of 104 hours into the next year. Any accruals over 104

hours will be lost and will not be compensated.

700.12 High need days are days identified by Enterprise and Governmental management in which a special

event, training, or activity is taking place that requires full staffing by the Department to meet the needs and

demands of the operations. All high need days will be communicated by Enterprise management to

employees one (1) month in advance, with annual high need days identified by Enterprise and

Governmental management at the start of the year.

700.13 Employees found to be abusing the annual leave policy will be subject to disciplinary action, up to

and including termination.

700.14 Employees transferring between governmental and enterprise positions will have their leave carry

over to their new position. However, employees have the ability to sell back up to forty (40) hours of

annual leave prior to transferring.

701 SICK LEAVE BENEFITS (revised 6/23/2025)

701.1 Regular full-time (30-40 hours scheduled), regular part-time (20-29 hours scheduled), variable

time (less than 20 scheduled), seasonal, and temporary employees are eligible for paid sick leave

benefits for periods of temporary absence due to illnesses or injuries.

701.2 Sick leave is provided to eligible employees as a benefit of employment. Sick leave is intended

and shall be used for illness or injury-related absences from work. It is not an alternate form of annual

leave. It is to be used when an employee is unable to report to work and properly perform his or her

work duties. It is the intention of his or her manager to monitor use of sick leave carefully and correct

situations where misuse or inappropriate use occurs.

701.3 Regular full-time employees will accrue sick leave benefits at the rate of 2 hours per week.

Regular part-time employees will accrue sick leave benefits at the rate of 1 hour per week. Variable

employees, seasonal employees, and temporary employees will accrue sick leave benefits at the rate of

.034 hours per 1 hour worked.

701.4 Employees may not use sick leave until after it has been accrued. Sick leave will be accrued at

the end of each pay period.

701.5 An employee may use sick leave benefits for an absence due to illness or injury sustained by the

employee. Sick leave may be used for medical, dental or health appointments if it is not possible for

such appointments to be arranged during off - duty hours. Sick leave may also be used for an injury or

illness in the employee's immediate family when the nature of the illness or injury requires the care or

assistance of the employee. Immediate family in such cases shall include employee's spouse, children,

parents, siblings or any members of the employee's household.

701.6 An employee may use a maximum of forty (40) hours of undocumented sick leave during a given

calendar year, but no more than three (3) days at any one time. An employee may use up to their total

accrued sick leave time with documented illnesses or injuries. Written verification from a medical

practitioner or other evidence as required by the employer must be received for an illness or injury to be

documented.

701.7 If illness or injury keeps an employee out of work for more than two days, the employee must

provide medical substantiation of the illness.

701.8 Employees who are unable to report to work due to an illness or injury must notify their supervisor as

soon as possible, at minimum one (1) hour prior to the start of their shift. Failure to give adequate notice

may result in the request being denied.

701.9 An employee may not claim sick leave while on approved annual leave unless evidence is

received from a medical provider.

701.10 Unused sick leave benefits will be allowed to accumulate until the employee has accrued a total

of 200 hours. Further accrual of sick leave benefits will be suspended until the employee has reduced

the balance below this limit.

701.11 Sick leave benefits are intended to provide income protection in the event of an actual illness or

injury, unused sick leave benefits cannot be used for any other paid or unpaid absence and will not be

compensated for at the time of termination of employment or retirement. Sick Leave will transfer between

all entities under BMBH, BMGA, and BMIC.

701.12 Employees found abusing the sick leave policy will be subject to disciplinary action, up to and

including termination under Section 400, Disciplinary Procedures.

702 PERSONAL LEAVE – GOVERNMENTAL & ENTERPRISE (revised 6/4/2023)

702.1 It is recognized that situations will arise wherein an employee will not know in advance that time

off work will be necessary. It is for this reason that all eligible employees are granted a maximum of

sixteen hours of personal leave each calendar year.

702.2 Regular full-time and regular part-time Governmental and Enterprise Employees are eligible for

personal leave. Regular full-time employees will receive sixteen (16) hours of personal leave per calendar

year. Regular part-time employees will be granted eight (8) hours of personal leave per calendar year.

702.3 Eligible employees who begin work during a given year will receive personal leave on a

prorated basis.

702.4 Personal leave will be granted to eligible employees on January 1 of each year.

702.5 Any personal leave not used by December 31 of a given year will be lost and not compensated. Nor

will unused personal leave be compensated for at the time of termination of employment or retirement.

Personal Leave will transfer between all entities under BMBH, BMGA, and BMIC.

702.6 Personal leave does not require two (2) days advance approval, but an employee must notify his/her

supervisor of his/her absence as soon as possible, at a minimum one (1) hour before the start of their shift.

Failure to give adequate notice may result in the request being denied.

702.7 It is advised that an employee use personal leave judiciously, as it is intended for unforeseen

situations, not as a form of annual leave.

702.8 Employees found abusing the personal leave policy will be subject to disciplinary action, up to and

including termination under Section 400, Disciplinary Procedures.

703 JURY AND WITNESS DUTY

703.1 The employer encourages employees to fulfill their civic responsibilities by serving jury/witness

duty when required. Jury/witness duty pay will be calculated on the employee's pay rate times the

number of hours the employee would otherwise have worked on the day of absence, minus the amount

of compensation the employee receives for being a juror/witness. Regular full-time and regular,

part-time employees qualify for paid jury/witness duty leave.

703.2 If an employee is required to serve jury/witness duty beyond the period of paid jury/witness duty

leave, he or she may use any available paid time off (for example, vacation benefits) or may request an

unpaid jury/witness duty leave of absence.

703.3 Each employee must show the jury/witness duty summons to his or her supervisor as soon as

possible so that the supervisor may make arrangements to accommodate the employee's absence. The

employee is expected to report for work whenever the court schedule permits with his or her

Department Managers approval.

703.4 Either the employer or the employee may request an excuse from jury/witness duty if, in the

employer's judgment, the employee's absence would create serious operational difficulties.

703.5 Insurance benefits will remain in effect and unchanged for the full term of the jury/witness duty

absence.

703.6 Accrual for benefits calculations, such as vacation, sick leave, or holiday benefits, will not be

affected during unpaid jury/witness duty leave.

704 BEREAVEMENT LEAVE (Revised 3/8/22, 6/8/26)

704.1 Employees are eligible for paid bereavement leave in the event of a death of an immediate

family member.

704.2 If an employee wishes to take time off due to the death of an immediate family member, the

employee must notify his or her supervisor immediately. Up to 32 hours paid bereavement leave can

be granted to allow the employee to attend the funeral services and make any necessary arrangements

associated with the death.

704.3 The employer defines immediate family in such a case as the:

1. Employee’s spouse,

2. Employee’s parents/step-parents

3. Employee’s brother’s/sisters/step-siblings

4. Employee’s children/step-children

5. Employee’s father-in-law/mother-in-law,

6. Employees grandparent’s/great-grandparents

7. Employee’s grandchildren/great-grandchildren

8. And/or any person whose financial or physical care is the principal responsibility of

the employee.

9. Long-Term partners

704.4 Note: Bereavement leave is a benefit the employer provides its employees to assist in their time

of need. Bereavement leave, under normal circumstances, is provided only for time off to attend

funeral services that fall on the employee’s regular scheduled days. Bereavement leave is subject to

management approval.

704.5 If the approved bereavement leave is insufficient, or the employee is not eligible for

bereavement leave under the immediate family definition, the employee may request other paid or

unpaid leave to attend the funeral or make arrangements.

704.6 Annual leave may be approved by an employee's immediate supervisor without the usual

advance notice to allow an employee to attend the funeral of an individual not listed in Section 704.3.

705 EDUCATIONAL LEAVE (revised 06/08/2026)

705.1 In accordance with the guidelines set forth in this policy, the employer may provide paid

educational leave of up to 6 hours per week for full-time and part-time employees who wish to pursue

educational goals which improve the employee's job skills or lead to a degree. Requests will be

evaluated based on a number of factors, including relative merit of the course, anticipated operational

requirements and staffing considerations during the proposed period of absence.

705.2 Educational leave is up to the discretion of and must be approved by the Department Manager.

The employee must provide a class schedule to their Department Manager at the start of the course.

Proof of attendance may be required.

705.3 Educational leave will not be approved for asynchronous courses that do not have a set meeting

time.

706 MEDICAL LEAVE (revised 8/10/2026)

706.1 The employer will provide unpaid medical leave to full-time and part-time employees who are

temporarily unable to work due to an illness or injury.

706.2 As soon as an eligible employee becomes aware of a need for medical leave of absence, he or she must

provide their Department Manager a satisfactory statement from an approved health care provider that verifies

the existence and nature of the illness or injury. The statement will contain the approximate date the leave is

expected to begin, its anticipated duration, and the date the employee is expected to return to work. Any

changes in start date, duration, and expected end date should be promptly reported to the Department Manager

and the Human Resources Department. The Department Manager is responsible for completing a status change

form placing the employee on Medical Leave and submitting to Human Resources within 48 hours of receipt of

the satisfactory statement.

706.3 Eligible employees will be granted Medical Leave for the period of disability, up to a maximum of 90

days. If additional time is needed, the employee must provide sufficient documentation from their licensed

provider to extend their Medical Leave to their Department Manager and the Human Resources Department, for

an extension of no more than 90 days. The Department Manager must complete a status change form extending

the Medical Leave and submit it to Human Resources within 48 hours.

706.4 The employer will continue to provide the employee's normal insurance benefits for the term of the

medical leave, but in no case for more than 180 days.

706.5 Accruals for benefit calculations, such as annual leave, sick leave, or holiday benefits, will be suspended

during the leave and will resume upon return to active employment.

706.6 Employees returning from Medical Leave are required to provide sufficient documentation from an

approved medical provider to their Department Manager verifying the employee's fitness to return to work. To

the extent possible, employees will be returned to their former position or will be offered the first available

comparable position for which they are qualified. The Department Manager is required to complete a status

change form and submit it to Human Resources within 48 hours, along with all statements from an approved

provider.

706.7 Employees using a combination of Family Medical Leave, Paid Parental Leave, or Medical Leave, may

only use a maximum of 180 days total in any rolling calendar year.

706.8 Medical leave shall be counted from the first day the employee is absent.

706.9 Employees must utilize any accrued sick, annual, and personal leave which will run concurrently with the

Medical Leave.

706.10 Employees who are eligible for short-term disability under 606 and want to file a claim, must meet with

Human Resources to initiate the claim process. Any approved short term disability claim will run concurrent

with Medical Leave. Earnings under short-term disability will be offset by any paid leave option used during

Medical Leave. Department Managers must consult with Human Resources for time-keeping purposes. Shortterm disability is not the same as Medical Leave.

706.11 If an employee fails to report to work at the expiration of the approved leave period, the employer will

assume that the employee has resigned.

707 PAID PARENTAL LEAVE (revised 8/10/2026)

707.1 Bay Mills Indian Community will provide paid parental leave to eligible employees following the birth of

an employee’s child or the placement of a child with an employee in connection with adoption. The purpose of

paid parental leave is to enable the employee to care for and bond with a newborn or a newly adopted child. This

policy will run concurrently with Family Medical Leave, as applicable.

707.2 Eligible employees must meet the following criteria:

a. Have been employed with the Tribe for at least 12 months.

b. Have worked at least 1,250 hours during the 12 consecutive months immediately preceding the date the

leave would begin.

c. Be a full- or part-time, regular or variable employee (temporary or seasonal employees and interns are not

eligible for this benefit).

In addition, employees must meet at least one of the following criteria:

d. Have given birth to a child or maintain a parental role with the newborn child.

e. Be a spouse or committed partner of an individual who has given birth to a child. The Affidavit form can

be requested from Human Resources. Marriage certificate or affidavit documenting committed partnership

is required.

f. Have adopted a child, and the child is younger than 5 years old. The adoption of a new spouse's child is

excluded from this policy.

g. Have court ordered guardianship placement of a minor child younger than 5 years old in your home.

707.3 Eligible employees will receive a maximum of 12 weeks (equivalent to 84 days, including non-work days)

of paid parental leave per birth, adoption or placement. Multiple births, adoption (e.g., the birth of twins or

adoption of siblings), or placement does not increase the amount of paid parental leave granted for that event. In

no case will an employee receive more than 12 weeks (equivalent of 84 days) of paid parental leave in a rolling

12-month period, regardless of whether more than one birth, adoption, or court ordered guardianship event occurs

within that 12-month time frame. Each week of paid parental leave is compensated at 100 percent of the

employee’s regular, straight-time weekly pay. Paid parental leave will be paid on a biweekly basis on regularly

scheduled pay dates.

707.4 Approved paid parental leave may be taken at any time during the 6-month period immediately following

the birth, adoption, or court ordered guardianship placement of a child with the employee. Paid parental leave

may not be used or extended beyond this 6-month time frame.

707.5 In the event of an employee who has given birth, paid parental leave will run concurrent with any shortterm disability leave/benefit provided to the employee for the employee’s own medical recovery following

childbirth.

707.6 Employees must take paid parental leave in one continuous period of leave and must use all paid parental

leave during the 6-month time frame. Any unused paid parental leave will be forfeited at the end of the 6-month

time frame.

707.7 Upon termination of the individual’s employment at the Tribe, he or she will not be paid for any unused

paid parental leave for which the employee may have been eligible.

707.8 Paid parental leave taken under this policy will run concurrently with leave under the Family Medical Leave

policy and the leave will be counted toward the 90 days of available Family Medical Leave. All other requirements

and provisions under the Family Medical Leave policy will apply. Please refer to the Family Medical Leave policy

for further guidance.

707.9 Accruals for benefit calculations, such as annual, sick, and holiday leave will be suspended during the paid

parental leave and will resume upon return to employment. Personal leave will not be affected.

707.10 The employer will continue to provide the employee's normal insurance benefits for the term of the Paid

Parental Leave.

707.11 If a recognized holiday occurs while the employee is on paid parental leave, the holiday will be recorded

as holiday pay. Holiday pay will not extend the total paid parental leave period. If inclement weather,

administrative leave, or other closure occurs while the employee is on paid parental leave that time will be

recorded as paid parental leave and will not extend the total paid parental leave period.

707.12 The employee will provide their supervisor and the Human Resource Department with notice of the

request for leave at least 45 days prior to the proposed date of the leave (or if the leave was not foreseeable, as

soon as possible). The employee must complete the Paid Parental Leave Request Form and provide all

documentation as required by the HR department to substantiate the request.

707.13 As is the case with all Tribal policies, the organization has the exclusive right to interpret this policy.

707.14 Employees using a combination of Family Medical Leave, Paid Parental Leave, Medical Leave, and

Leave of Absence may only use a maximum of 180 days total in any rolling calendar year.

707.15 Employees who are eligible for short-term disability under 606 and want to file a claim, must meet

with Human Resources to initiate the claim process. Any approved short term disability claim will run

concurrently with Paid Parental Leave and will not extend the paid parental leave period. Earnings under

short-term disability will be offset by any paid leave option used during Paid Parental Leave. Department

Managers must consult with Human Resources for time-keeping purposes. Short-term disability is not the

same as Paid Parental Leave.

707.16 If an employee fails to report to work at the expiration of the approved leave period, the employer

will assume that the employee has resigned.

708 MILITARY LEAVE

708.1 A leave of absence without pay will be granted to any employee who is conscripted or called into active

duty by a reserve branch of the United States armed services.

708.2 The employee will be reinstated with full seniority to his or her former position or to a comparable

position if application for re-employment is made within 90 calendar days of the date of an honorable discharge

or the date of release from hospitalization following discharge.

708.3 Any employee who is a member of a reserve component of the armed forces will be placed on unpaid

leave for his or her annual two-week training duty. Benefit programs will be unaffected, and the employee may

elect to use any vacation entitlement for the absence. Training leaves will not normally exceed two weeks per

year, plus reasonable travel time.

709 LEAVE OF ABSENCE (revised 8/10/2026)

709.1 In accordance with the guidelines set forth in this policy, the employer may provide an unpaid leave of

absence to employees who wish to take time off from work duties to fulfill personal obligations.

709.2 Leaves of absence may be granted for a period of up to 30 calendar days. All requests must be in writing

and approved by Department Manager. The Department Manager is responsible for completing a status change

form placing the employee on leave and reporting to Human Resources.

709.3 Requests for leave of absence will be evaluated based on a number of factors, including anticipated

operational requirements and staffing considerations during the proposed period of absence.

709.4 Accruals of benefit calculations, such as vacation, sick leave, or holiday benefits, will be suspended

during the leave and will resume upon return to active employment.

709.5 Medical and disability benefits will be paid by the employer for the duration of the leave of absence.

709.6 To the extent possible, employees returning from a leave of absence will be returned to their former

position or will be offered the first available comparable position for which they are qualified.

709.7 An employee currently on a leave of absence may request early termination of the leave. The granting of

such requests is at the discretion of Department Manager.

709.8 If an employee fails to report to work at the expiration of the approved leave period, or make appropriate

arrangements with their Department Manager and Human Resources, the employer will assume that the

employee has resigned.

709.9 The granting of all leaves of absence will be upon review of each individual request and a decision will

be made on a non-precedent setting basis.

709.10 Leave of absences cannot be extended beyond 30 days.

709.11 Employees using a combination of Family Medical Leave, Paid Parental Leave, Medical Leave, and

Leave of Absence may only use a maximum of 180 days total in any rolling calendar year.

710 FAMILY MEDICAL LEAVE (revised 8/10/2026)

710.1 The Bay Mills Indian Community recognizes the Family Medical Leave Act of 1993. As an

expression of our sovereign status, Bay Mills Indian Community will provide leave protections that

mirror or exceed the protections of the Family Medical Leave Act of 1993 as described within this

policy.

710.2 The intent of this policy is to provide job protection to employees who need to miss work for

extended periods of time for personal medical needs or the medical needs of their family members.

710.3 Employees who have worked for Bay Mills Indian Community at least 12 months and have

worked at least 1250 hours in the previous twelve months, are covered by the provisions of this policy.

710.4 Eligible employees will be granted leave for the period of the disability, up to a maximum of 90

days. If this initial period of absence proves insufficient, consideration will be given to a written

request for a single extension of no more than 90 days. The following reasons are allowable under this

policy:

A. To care for a child upon birth or upon placement for adoption or foster care;

B. To care for a parent, spouse, or child with a serious health condition; or

C. When an employee is unable to work because of a serious health condition.

710.5 When Family Medical Leave is requested for the reasons listed above, the employee must

provide documentation to their manager from a medical provider indicating the need to be absent from

work. The documentation must include a start date, an expected return to work date, and any

restrictions or accommodations the employee may need upon their return to work. Additional

documentation establishing the family relationship or proof of foster care placement or adoption may

be required. The Department Manager is responsible for completing a status change form placing the

employee on leave and reporting to Human Resources immediately.

710.6 The employer will continue to provide the employee's normal insurance benefits for the term of

the medical leave, but in no case for more than 180 days. If an employee does not return to work at the

end of his or her Family Medical Leave, the employee may be liable for repayment of all employer

paid benefits during the Family Medical Leave.

710.7 Family Medical Leave may be taken on an intermittent basis or on a reduced leave schedule

when medically necessary. Medical certification is necessary when the treatment for a serious health

problem is best accommodated by intermittent or reduced leave. Employees must request intermittent

leave with their department managers and provide a completed certification form. Managers are

required to consult with and forward documentation to Human Resources immediately.

710.8 Family Medical Leave is unpaid, whether the employee is exempt or non-exempt. Pay will be

reduced by the amount of time on intermittent Family Medical Leave, whether the employee is exempt

or non-exempt.

710.9 Family Medical Leave shall be counted from the first day the employee is absent. The

Department Manager must complete a status change form and submit to Human Resources

immediately.

710.10 Employees must utilize any accrued annual, sick, or personal leave which will run concurrently

with the Family Medical Leave.

710.11 Short- and long-term disability is independent of Family Medical Leave.

710.12 Accruals for benefit calculations, such as annual leave, sick leave, or holiday benefits, will be

suspended during the leave and will resume upon return to employment.

710.13 Employees returning from Family Medical Leave are required to provide a physician's

verification of the employee's fitness to return to work before they may resume any work duties. To the

extent possible, employees will be returned to their former position or will be offered the first available

comparable position for which they are qualified.

710.14 Employees using a combination of Family Medical Leave, Paid Parental Leave, Medical

Leave, and Leave of Absence may only use a maximum of 180 days total in any rolling calendar year.

710.15 Employees who are eligible for short-term disability under 606 and want to file a claim, must

meet with Human Resources to initiate the claim process. Any approved short term disability claim

will run concurrent with Family-Medical Leave. Earnings under short-term disability will be offset by

any paid leave option used during Family-Medical Leave. Department Managers must consult with

Human Resources for time-keeping purposes. Short-term disability is not the same as Family-Medical

Leave.

710.16 If an employee fails to report to work at the expiration of the approved leave period, the

employer will assume that the employee has resigned.

711 EMPLOYEE BIRTHDAY LEAVE (Revised 06/08/2026)

711.1 All full-time and part-time employees are eligible to receive a day off with pay for their birthday.

711.2 Birthday leave requests are subject to approval by an employee's manager based on operating

requirements. All requests for birthday leave must be submitted in writing to an employee's manager at least

one week in advance of the requested day off.

711.3 The paid birthday equivalent to 8 hours can be taken within the pay period of the actual birthday date.

Employees who do not request birthday leave, or use within the pay period of their birthday, will lose it.

711.4 Employees are not eligible for birthday leave until they are (18) eighteen or provide proof of graduation

to the department manager.

712 DONATED LEAVE (revised 3/11/2024, revised 8/10/2026)

712.1 Bay Mills recognizes that employees may have medical emergencies, resulting in the need for

additional time off in excess of their available sick/personal time. To address this need, all eligible

employees will be allowed to donate accrued leave from their current balance to the donated leave bank.

712.2 Employees can donate up to 50% of their current annual or sick leave balance any time during the

first, second, and third quarters of the year. Terminated employees or employees who have given their

notice of resignation are not eligible to donate sick or annual leave.

712.3 Donated leave will be converted to an hourly rate of the employee donating the leave rate when

allocated to the donated leave bank.

712.4 All non-probationary, regular full-time (30-40 hours scheduled) and regular part-time (20-29

hours scheduled) employees are eligible to request leave from the donated leave bank.

712.5 Employees can request donated leave using the “Request for Leave Form”. All requests must be

submitted in writing to their department manager and approved by executive management. All requests

must be reviewed by Human Resources to confirm eligibility prior to receiving donated leave.

712.6 Employees must have currently exhausted all their leave and be on approved Medical or Family

Medical Leave (FML) to qualify for donated leave.

712.7 Employees can receive a maximum of 160 hours of donated leave in any rolling calendar year.

712.8 Human Resources will be responsible for the communication and administration of the donated

leave bank.

712.9 DECLARED EMERGENCIES: During periods of Federal, State, or Tribal declarations of

emergency, the Tribe recognizes the need to protect the wellbeing of its members, employees, patients

and patrons. In the event of any declared emergency, the Tribe may modify the manner of

implementation of this policy and grant leniency.

712.10 Earnings under short-term disability will be offset by any amount of donated leave used.

800 WORK SCHEDULES

800.1 Work schedules will be set by an employee's immediate department manager according to operating

requirements. Employees may not alter their set work schedule without the written permission of their

department manager.

800.2 Employees requesting to switch or change their schedule must have prior approval from their department

manager.

801 WORK HOURS (Revised 3/28/22, revised 08/10/2026)

801.1 The normal full-time work schedule for all employees is 40 hours a week, or 80 hours a pay period.

Staffing needs and operational demands may necessitate variations in starting and ending times, as well as

variations in the total hours that may be scheduled each day and week.

801.2 Each employee's work schedule will be set by his or her department manager according to the needs

of the Tribe and the Enterprise.

801.3 Non-exempt employees must be paid overtime, for any hours worked over 40 hours in a week, or 80

hours in a pay period for Law Enforcement. Paid leave, holidays, paid lunches, or other leave time does

not count towards hours worked. Law Enforcement Captain, or their designee, may approve overtime for

unscheduled hours worked in lieu of total hours worked. (See 502.17 Overtime Pay).

801.4 Overtime must be approved by the department manager in advance of the excess hours being

accumulated. Time spent traveling outside of normal working hours shall not be eligible for compensation.

Non-exempt employees attending trainings shall be compensated for attendance during their regular

scheduled work hours.

802 MEAL AND BREAK PERIODS (Revised 3/28/22)

802.1 Full and part-time employees who are scheduled to work six or more hours on a given day will

receive a thirty (30) minute meal period. Governmental employees must work at least 6 hours in a

workday to receive a 30-minute paid meal period. Governmental employees must punch out when

they leave the workplace for non-work related purposes or take a lunch break. All Government

Departments do not qualify for paid lunch. Those department directors will communicate their internal

policies to their staff.

802.2 Meal periods will be scheduled by an employee's immediate supervisor according to operating

requirements.

802.3 Employees should be relieved of all active responsibilities during meal periods.

802.4 Unless requested or approved by a manager, an employee will not receive additional

compensation for time worked through a meal period.

802.5 Only Enterprise Employees are eligible for the employee paid or reduced cost employee meals

provided by management. Only Enterprise Employees may use the enterprise employee breakrooms.

803 TIMEKEEPING

803.1 Accurately recording time worked is the responsibility of every employee. Federal regulations

require the employer to keep an accurate record of time worked. Time worked is all the time actually

spent on the job performing assigned duties.

803.2 The employee must comply with the timekeeping system implemented by the employer. Failure

to properly comply with the requirements of the timekeeping system can result in disciplinary action.

803.3 All employees must record their time through use of a time clock, unless otherwise stated by the

Executive Council.

803.4 Employees must punch in and out at the beginning and end of their scheduled shift. Employees

must punch out and in if they leave the workplace for non-work related purposes, including lunch.

Employees must have approval from their department manager to leave the workplace for non-work

related purposes during their scheduled shift. Failure to properly utilize the time clock can result in

disciplinary action.

803.5 Tampering, altering, falsifying time records or recording time on another employee's time record

may result in disciplinary action, up to and including discharge.

803.6 Managers must ensure that an employee’s timecard is audited and all leave accruals inputted,

prior to signing off and submitting to payroll each pay period. Unless notified otherwise, the deadline

for this is Monday at 10 AM of a payroll week.

804 OUTSIDE EMPLOYMENT

804.1 An employee may hold a job with another Employer as long as their manager determines no

conflict exists or he or she satisfactorily performs his or her job responsibilities with the Bay Mills

Indian Community. All employees will be judged by the same performance standards and will be

subject to the employer's scheduling demands, regardless of outside work requirements.

804.2 If the employer determines a conflict of interest exists or that an employee's outside work

interferes with performance or the ability to meet the requirements of the organization, the employee

may be asked to terminate the outside employment if he or she wishes to remain employed with the

Tribe.

804.3 All requests are subject to management discretion and approval, as well as any potential contract

restrictions.

805 SAFETY

805.1 Establishment and maintenance of a safe work environment is the shared responsibility of the

employer and employees from all levels of the organization. The employer will attempt to do

everything within its control to assure a safe environment and compliance with federal and local safety

regulations. Employees are expected to obey safety rules, wear safety equipment provided, and

exercise caution in all their work activities. They are asked to immediately report any unsafe

conditions to their supervisor. Not only supervisors, but employees at all levels of the organization are

expected to report or correct unsafe conditions as promptly as possible.

805.2 All accidents that result in injury must be reported to your manager, as well as the proper

documentation completed and reported to the safety department, regardless of how insignificant the

injury may appear.

805.3 Employees working in positions that have access to or use harmful chemicals are required to

know the location and familiarize themselves with the Material Safety Data Sheets (MSDS) provided

for each chemical they use while employed with the Tribe.

806 SECURITY INSPECTIONS

806.1 The employer wishes to maintain a work environment that is free of illegal drugs, alcohol,

firearms, explosives, or other prohibited items. To this end, the employer prohibits the control,

possession, transfer, sale, or use of such materials on its premises. The employer requires the

cooperation of all employees in administering this policy.

806.2 Desks, lockers, and other storage devices that may be provided for the convenience of

employees remain the sole property of the employer. Accordingly, management can inspect these areas

at any time, either with or without prior notice. Law Enforcement should be contacted if there is

reasonable suspicion of illegal activities.

807 USE OF PHONE, COMPUTER AND MAIL SYSTEMS

807.1 The Tribe discourages the use of company phones, email and mail systems for personal use. The

department manager may set further departmental restrictions on acceptable use within his or her

department. All usage must be professional and comply with other tribal policy guidelines.

807.2 The use of employer-paid postage for personal correspondence is not permitted.

808 SOCIAL MEDIA POLICIES

808.1 Bay Mills Indian Community recognizes that many of its employees use social networking sites such

as Facebook, Twitter, LinkedIn, YouTube and MySpace, to name a few. However, employees' use of social

media could become a problem if it:

•

Interferes with the employee's work

Is used to harass or discriminate against co-workers or our clients

Creates a hostile work environment

Divulges confidential information about our agency or our clients; or

Harms the goodwill and reputation of our organization.

As a result, employees are encouraged to use social media within the following guidelines. If one is

uncertain about the appropriateness of a social media posting, check with the appropriate manager.

Social Media Guidelines:

•

Do not post any comment or picture involving an employee or patron of our organization without their

express consent.

Unless given written consent, an employee may not use the Bay Mills logo or any organizational

material in social media posts.

All postings on social media must comply with the Bay Mills policies on confidentiality and disclosure

of proprietary information. If an employee is unsure about the confidential nature of information he or

she is considering posting, consult the appropriate supervisor, or whoever is in charge of these matters.

Do not link to the organization's website or post any organizational material on a social media site

without written permission from management.

Do not post any negative comments or picture involving any Tribal entity, Tribal management

personnel, or the Tribal Council.

If an employee posts photographs, comments or other information about patrons or co-workers that are

construed as being defamatory, harassing, and libelous, could create a hostile work environment and/or

disrupt the operations of the Tribe, the employee will be subject to disciplinary action up to and

including the immediate termination of employment.

808.2 A “tribal social media account” is a social media account, page, group, or platform administered on

behalf of the Tribe, Tribal Business, Tribal Department, or Tribal Program. This policy applies to all of Bay

Mills Indian Community’s entities, including Bay Mills Gaming Authority and the Bay Mills Business

Holdings.

Any request to create a social media page, group, or account associated with a Bay Mills program must be

submitted to and approved by Executive Management. Bay Mills Indian Community’s Media Consultant

must be added as an administrator on all tribal social media accounts upon approval of the account from

Executive Management.

All content visible on a tribal social media account or that can be accessed through the social media account

shall comply with the terms of use and/or terms of service of the hosting website, this policy, applicable

standard operating procedures, any guidelines created by the entity and any other applicable tribal, state, or

federal laws. Content on a tribal social media account shall be professional, courteous, and respectful.

The following content shall not be posted on a tribal social media account, either by an administrator or a

guest:

(a) Content that promotes personal purposes, including, but not limited to:

1. campaigning activities for the purpose of endorsing a political candidate.

2. soliciting business opportunities, customers, goods or money for personal benefit.

3. promoting or advertising a company, organization, product or service.

However, this section shall not prohibit the posting of impartial, objective information about a company,

organization, product or service.

(b) Content that condones drugs, illegal activity, illegal use of weapons, violence, obscenity or

inappropriate nudity.

(d) Content that is copyrighted, patented or trademarked or that was created by another, unless the

proper authorization to post such content has been received.

(e) Content that could be construed as speaking on behalf of Bay Mills Indian Community, except as

authorized by Executive Management.

(f) Content that reveals proprietary, sensitive, or confidential information of the Tribe, or any Tribal

Business, Tribal Department, or Tribal Program.

809 SMOKING

809.1 To provide and maintain a safe and healthy work environment for all employees, it is

the policy of the Tribe to prohibit the use of all commercial tobacco and smoking products, including

chewing tobacco and electronic cigarettes (E-cigarettes) on all company premises except in designated

areas.

809.2 Smoking is prohibited in all of the non-designated areas within the Tribal work sites, without

exception. This includes common work areas, departments, facilities, conference and meeting rooms,

private offices, hallways, stairs, restrooms; employer owned or leased vehicles, and all other enclosed

facilities or non-designated areas.

809.3 Smoking breakrooms and outdoor smoke areas may be designated at the Tribes discretion. While

the Tribe may make these

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