HABEMATOLEL POMO OF UPPER LAKE (2026)

HABEMATOLEL POMO OF UPPER LAKE

TITLE 7. EMPLOYMENT

CHAPTER 2. FAMILY MEDICAL LEAVE CODE

Article 1. GENERAL PROVISIONS ......................................................................................... 3

Section 1.01 Short Titles. ................................................................................................. 3

Section 1.02 Purpose........................................................................................................ 3

Section 1.03 Scope of & Jurisdiction............................................................................... 3

Section 1.04 Construction of the TFML Code to Promote its Purposes and Policies. .... 3

Section 1.05 Sovereign Immunity.................................................................................... 3

Section 1.06 Construction Against Implied Repeal. ........................................................ 4

Section 1.07 Severability. ................................................................................................ 4

Section 1.08 Use of Singular and Plural; Gender. ........................................................... 4

Section 1.09 Section Captions. ........................................................................................ 4

Article 2. LEGISLATIVE FINDINGS ....................................................................................... 4

Section 2.01 Sovereign Power to Regulate Tribal Employment. .................................... 4

Section 2.02 Tribal Need for Internal Regulation. ........................................................... 4

Section 2.03 Effect on the Economic Wellbeing, Political Stability, and Health and

Welfare of the Tribe. ........................................................................................................... 5

Article 3. DEFINITIONS AND PRINCIPLES OF INTERPRETATION ................................. 5

Section 3.01 Definition of terms. ..................................................................................... 5

Article 4. TRIBAL FAMILY MEDICAL LEAVE BENEFIT ................................................... 9

Section 4.01 Eligibility and Leave Benefit. ..................................................................... 9

Section 4.02 Authorized Reasons for Tribal Family Medical Leave............................... 9

Section 4.03 Pay During Leave. .................................................................................... 10

Section 4.04 Administration. The following conditions apply to Tribal Family Medical

Leave granted under this section: ..................................................................................... 10

Article 5. EMPLOYEE BENEFITS PROTECTION ................................................................ 14

Section 5.01 Job Protection/Restoration to Position or Equivalent. .............................. 14

Section 5.02 Maintenance of Employee Benefits. ......................................................... 15

Section 5.03 Return to Work Certification .................................................................... 16

Article 6.

EFFECT ON EXISTING EMPLOYEE BENEFITS ................................................ 16

Article 7.

FREEDOM TO UTILIZE TRIBAL FAMILY MEDICAL LEAVE BENEFITS .... 16

Article 8.

IMPLEMENTATION ............................................................................................... 17

Article 9.

REVIEW ................................................................................................................... 17

Article 10.

RECORDS AND CONFIDENTIALITY ............................................................. 17

Section 10.01 Record Preservation. ............................................................................... 17

Section 10.02 Separation of Certain Records. ............................................................... 18

Article 11.

EFFECTIVE DATE, SEVERABILITY & AMENDMENTS .............................. 18

Section 11.01 Effective Date. ........................................................................................ 18

Section 11.02 Severability. ............................................................................................ 18

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Article 1.

GENERAL PROVISIONS

This Chapter shall be codified as Chapter 2 of Title 7 of the Habematolel Pomo of Upper Lake

Book of Codes.

Section 1.01

Short Titles.

This Act may be cited as the Family Medical Leave Code or the Tribal Family Medical Leave

(“TFML”) Code.

Section 1.02

Purpose.

The Tribe, as an exercise of its inherent governmental authority, adopts this Code as a sovereign

nation. The purpose of this Code is to establish the Tribal Family Medical Leave benefit and

establish the terms through which eligible Employees may take reasonable leave for medical

reasons in a manner that accommodates the legitimate interests of all affected persons and

entities in accordance with the values and traditions of the Tribe.

Section 1.03

Scope of & Jurisdiction.

This Code applies to all Employers who employ Employees who are either working within the

Tribal Territory or within entities under the Tribe’s control and ownership, whether such

Employees are working in governmental, social service, administrative, commercial, business, or

other contexts. This Code does not apply to vendors of the Tribe. To the extent there is any

conflict between any policy and this Code, this Code shall govern.

Section 1.04

Construction of the TFML Code to Promote its Purposes and Policies.

A. The TFML Code must be liberally construed and applied to promote its underlying

purposes.

B. Unless displaced by the provisions of the TFML Code, the principles of law and

equity supplement its provisions.

C. Although the federal Family Medical Leave Act (“FMLA”) exempts Indian tribes

from its coverage, the Tribe wishes to establish a similar program. Unless this TFML

Code conflicts with a particular provision of the FMLA, this Code shall be interpreted

with same intent with the caveat that the procedures of the FMLA pertaining to the

enforcement of any rights or the recovery of any remedy by an Employee under this

Code or any associated policy, and the procedures provided by the Tribe, shall be the

sole procedures available to an Employee seeking to enforce any provision of this

Code.

Section 1.05

Sovereign Immunity.

The Tribe and all its constituent parts, officers, subordinate organizations and business entities,

boards or committees are immune from suit in any jurisdiction except to the extent that such

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immunity has been expressly and unequivocally waived by the Tribe or the United States.

Nothing in this Code shall be construed as waiving the sovereign immunity of the Tribe or any of

its officers, subordinate organizations and business entities, boards or committees except for the

administrative remedies provided in Article 9 which allow an Employee aggrieved by the

decision of a Tribal Employer to petition for review of the decision by the Tribal Employer.

Section 1.06

Construction Against Implied Repeal.

The TFML Code being a general act intended as a unified coverage of its subject matter, no part

of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can

reasonably be avoided.

Section 1.07

Severability.

If any provision or clause of the TFML Code or its application to any person or circumstance, is

held invalid, the invalidity does not affect other provisions or applications of the TFML Code

which can be given effect without the invalid provision or application. To this end, the

provisions of the TFML Code are severable.

Section 1.08

Use of Singular and Plural; Gender.

In the TFML Code, unless the statutory context otherwise requires: (1) words in the singular

number include the plural, and those in the plural include the singular; and (2) words of any

gender also refer to any other gender.

Section 1.09

Section Captions.

Section captions are part of the TFML Code.

Article 2.

LEGISLATIVE FINDINGS

Section 2.01

Sovereign Power to Regulate Tribal Employment.

The power to regulate the employment criteria for its governmental and government-owned

entities is an inherent and essential part of any government’s authority. This power is therefore

an aspect of the retained sovereignty of Indian tribes. except where it has been limited or

withdrawn by Federal law. Article X of the Tribe’s 2004 Constitution, as amended, authorizes

the Executive Council to enact codes and ordinances, including those regulating employment.

Section 2.02

Tribal Need for Internal Regulation.

The Tribe has the primary responsibility for regulating employment within the government and

governmental entities to ensure the continued operation and strengthening of the Tribal

government and the delivery of essential governmental services, and the development of the

Reservation economy in pursuit of tribal self-reliance and self-determination.

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Section 2.03

the Tribe.

Effect on the Economic Wellbeing, Political Stability, and Health and Welfare of

In addition to allowing Consumers to access the Reservation, Tribal employment affects the

Tribal treasury for Employees choosing to be employed by the Tribe and has a substantial impact

on the Tribe’s economic wellbeing, political stability and health and welfare.

Article 3.

DEFINITIONS AND PRINCIPLES OF INTERPRETATION

Section 3.01

Definition of terms.

A. Terms, as used in this Chapter mean:

(1)

“Armed Forces” means the military forces established, recognized and

maintained by the United States of America, including the Army, Marine

Corps, Navy, Air Force, Space Force and Coast Guard.

(2)

“Covered active duty” or “call to covered active duty” means, in the case of a

member of the Armed Forces, duty during the deployment of the member with

the Armed Forces to a foreign country and, in the case of a member of the

Reserves, duty during the deployment of the member of the Armed Forces to a

foreign country under a federal call or order to active duty in support of a

contingency operation.

(3)

“Covered Service-member” means (i) a current member of the Armed Forces,

a member of the National Guard or Reserves, who is undergoing medical

treatment, recuperation, or therapy, is otherwise in outpatient status, or is

otherwise on the temporary disability retired list, for a serious injury or illness,

or (ii) a covered veteran who is undergoing medical treatment, recuperation,

or therapy for a serious injury or illness.

(4)

“Covered Veteran” means an individual who was a member of the Armed

Forces and was discharged or released under conditions other than

dishonorable at any time.

(5)

“Eligible Employee” is an Employee (1) has been employed by an Employer

for at least 12 consecutive months immediately preceding that Employee’s

request for TFML; and (2) has worked for an Employer for at least 1,250

hours of service during the previous 12 months.

(6)

“Employee” means any person employed by an Employer as a W-2 employee

and expressly excludes independent contractors, employees of other entities,

volunteers, and interns employed by an Employer.

(7)

“Employer” means the Tribe or a Tribal Entity employing individuals who

work within the Tribe’s Territory or for an entity that is wholly owned and

operated by the Tribe, specifically including but not limited to the Tribal

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Government, including all its subdivisions, the Running Creek Casino, ,

Habemco, LLC, Upper Lake Processing Services, LLC, Generations, LLC and

all future entities owned and operated by the Tribe in any context, whether

commercial, governmental or other focus;

(8)

“Employment Benefits” means all benefits provided or made available to

Employees by an Employer, including, but not limited to, group life

insurance, health insurance, disability insurance, paid time off or sick leave,

annual leave, educational benefits, and pensions, regardless of whether such

benefits are provided by a practice or written policy of an Employer;

(9)

“Federal Family Medical Leave Act” or “FMLA” means the Family Medical

Leave Act, Title 29 of the United States Code, sections 2601 et seq., as

amended, and regulations adopted by the United States Department of Labor

pursuant to the FMLA;

(10)

"Health Care Provider" means a Doctor of Medicine or osteopathy who is

authorized to practice medicine or surgery (as appropriate) or any other person

capable of providing health care services. For purposes of this Code, “others

capable of providing health care services” include only:

(a) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors

(limited to treatment consisting of manual manipulation of the spine to

correct a subluxation as demonstrated by X-ray to exist) authorized to

practice in the state in which they operate and performing within the scope

of their practice as defined under applicable law;

(b) Nurse practitioners, nurse mid-wives, clinical social workers and

physician assistants who are authorized to practice in the state in which

they operate and who are performing within the scope of their practice as

defined under applicable law;

(c) Christian Science Practitioners listed with the First Church of Christ,

Scientist in Boston, Massachusetts. Where an Employee or family member

is receiving treatment from a Christian Science Practitioner, an Employee

may not object to any requirement from an Employer that the Employee or

family member submit to examination (though not treatment) to obtain a

second or third certification from a Health Care Provider other than a

Christian Science Practitioner except as otherwise provided under

applicable State or local law or collective bargaining agreement; or

(d) Any Health Care Provider from whom an Employer or the Employer’s

designated HR staff will accept certification of the existence of a serious

health condition to substantiate a claim for health benefits.

(11)

“Intermittent Leave” means taking leave in separate blocks of time for a single

qualifying reason.

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(12)

“Key Employee” means an Employee who is a salaried Employee who is

among the highest paid 10 percent of the Employees employed by the

Employer.

(13)

“Military Caregiver Leave” means leave taken to care for a covered servicemember with a serious injury or illness under this Code.

(14)

“Parent” means the biological parent of an Employee or an individual who

stood in loco parentis to an Employee when the Employee was a Son or

Daughter.

(15)

“Qualifying Exigencies” has the same meaning as set forth in 29 CFR Section

825.126. Generally speaking, qualifying exigencies are situations justifying

leave from work arising out of the foreign deployment of an Employee’s

spouse, son, daughter, or parent, such as (i) issues arising from a military

member’s short notice deployment, (ii) the need to attend military events, (iii)

the need to make arrangements for childcare or to transfer a child to a new

school or day care, (iv) the need to care for the military member’s parent, (v)

the need to make financial and legal arrangements, (vi) the need to attend

counseling related to the covered active duty, or (vii) to spend time with the

military member who is on a short-term, temporary rest and recuperation

leave during deployment.

(16)

“Reduced Schedule Leave” means a leave schedule that reduces the usual

number of hours per workweek, or hours per workday, of an Employee.

(17)

“Reserves” means the Army National Guard, Army Reserve, Navy Reserve,

Marine Corps Reserve, Air National Guard, Air Force Reserve, the Coast

Guard Reserve, and retired members of the Armed Forces or Reserves who

are called up in support of an official operation.

(18)

“Serious Health Condition” means an illness, injury, impairment, or physical

or mental condition that involves (1) inpatient care in a hospital, hospice, or

residential medical care facility; or (2) continuing treatment by a Health Care

Provider.

(19)

“Serious Injury or Illness” means:

(a) In the case of a current member of the Armed Forces, an injury or illness

that was incurred by the covered service-member in the line of duty on

active duty in the Armed Forces or that existed before the beginning of the

member’s active duty and was aggravated by service in the line of duty on

active duty in the Armed Forces, and that may render the service-member

medically unfit to perform the duties of the member’s office, grade, rank,

or rating; and

(b) In the case of a covered veteran, an injury or illness that is incurred by the

member in the line of duty on active duty in the Armed Forces (or existed

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before the beginning of the member’s active duty and was aggravated by

service in the line of duty on active duty in the Armed Forces), and that is

either:

(i)

A continuation of a serious injury or illness that was

incurred or aggravated when the veteran was a member of the

Armed Forces; or

(ii)

A physical or mental condition for which the veteran has

received a U.S. Department of Veterans Affairs Service-Related

Disability Rating of 50% or greater, and the need for Military

Caregiver Leave is related to that condition; or

(iii) A physical or mental condition that substantially impairs

the veteran’s ability to work because of a disability or disabilities

related to military service, or would do so absent treatment; or

(iv)

An injury that is the basis for the veteran’s enrollment in

the Department of Veterans Affairs Program of Comprehensive

Assistance for Family Caregivers.

(20)

“Son or Daughter” means a biological, adopted, or foster child, a stepchild, a

legal ward, or a child of a person standing in loco parentis, who is (1) under

18 years of age; or (2) 18 years of age or older and incapable of self-care

because of a mental or physical disability.

(21)

“Spouse” means a person who is lawfully married to another person under the

laws of any jurisdiction, regardless of the sex or gender of either party.

(22)

“Tribe” means the Habematolel Pomo of Upper Lake, a federally recognized

Indian tribe, and any of its departments, commissions, agencies or

subdivisions.

(23)

“Tribal Court” means the Habematolel Pomo of Upper Lake Tribal Court as

described in Title 2, Chapter 1 of the Habematolel Pomo of Upper Lake Book

of Codes.

(24)

“Tribal Entity” means any entity or instrumentality of the Tribe, which, under

principles of federal Indian law, enjoys the sovereign status of the Tribe

exemplified by immunity from suit.

(25)

“Tribal Territory” or the “Tribe’s Territory” means the territory of the Tribe as

set forth in Article II, Section 1 of the Tribe’s Constitution.

(26)

“Unable to Perform the Functions of the Position” means when an Employee

is “unable to perform the functions of the position” where the Health Care

Provider finds that the Employee is unable to work at all or is unable to

perform any one of the essential functions of the Employee’s position with or

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without a reasonable accommodation.

Article 4.

TRIBAL FAMILY MEDICAL LEAVE BENEFIT

Section 4.01

Eligibility and Leave Benefit.

A. Every Employee Eligible Employee is entitled to up to 12 work weeks of unpaid

Tribal Family Medical Leave in a rolling 12-month period, measured backward from

the date an Employee uses any TFML, provided such leave is for one or more of the

authorized reasons stated below in Section 4.02.

B. An Eligible Employee who is a Spouse, Son, Daughter, Parent, or next of kin of a covered

service-member shall be entitled to a total of 26 workweeks of leave during a 12-month

period to care for the service-member with a serious injury or illness, as defined above. The

leave described in this Section 4.01(B) shall be available only during a single 12-month

period. For purposes of this Section 4.01(B), “Next of kin" means the employee is the

servicemember's nearest blood relative, other than the servicemember's spouse, parent, or

child, in the following order of priority:

(1) All blood relatives who have been granted legal custody of the current

servicemember, or, if none,

(2) All brothers and sisters, or, if none,

(3) All grandparents, or, if none,

(4) All aunts and uncles, or, if none,

(5) All first cousins.

When a servicemember designates in writing a blood relative as next of kin for TFML

purposes, that individual is deemed to be the servicemember's only TFML next of kin.

When a current servicemember has not designated in writing a next of kin for TFML

purposes, and there are multiple family members with the same level of relationship to the

servicemember, all such family members are considered the servicemember's next of kin

and may take TFML leave to provide care to the servicemember.

Section 4.02

Authorized Reasons for Tribal Family Medical Leave.

A. Eligible Employees may use Tribal Family Medical Leave for one or more of the

following reasons:

(1) Because of the birth of a Son or Daughter of the Employee, in order to care

for such Son or Daughter;

(2) Because of the placement of a Son or Daughter with the Employee for

adoption or foster care;

(3) In order to care for the Spouse, or a Son, Daughter, or Parent, of the

Employee, if such Spouse, Son, Daughter, or Parent has a Serious Health

Condition;

(4) Because of a Serious Health Condition that makes the Employee unable to

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perform their job functions;

(5) Because of any Qualifying Exigency, as defined in Section 3.01, above,

arising out of the fact that the Spouse, or a Son, Daughter, or Parent of the

Employee is on covered active duty (or has been notified of an impending call

or order to covered active duty) in the U.S Armed Forces; or

(6) To care for a Covered Service-member with a serious injury or illness if the

Employee is the Spouse, Son, Daughter, Parent, or next of kin of the Covered

Service-member.

B. The entitlement to leave under Sections 4.02(A)(1) and (2), above, for a birth or

placement of a Son or Daughter shall expire at the end of the 12-month period

beginning on the date of such birth or placement. The right to take leave under this

Code applies equally to all Employees, regardless of gender or gender identity

(male, female, or non-binary). Thus, subject to the provisions of Section 4.04(G),

below, a father, as well as a mother, can take family leave for the birth, placement

for adoption, or foster care of a child provided that they are “caring” for the child.

Section 4.03

Pay During Leave.

Tribal Family Medical Leave granted under this Code is unpaid leave. An Eligible Employee

may elect, or an Employer may require the Employee, to substitute any accrued paid time off

(including vacation leave, sick leave, medical leave bank, extended illness bank, and floating

holidays) of the Employee for leave provided under this section.

Section 4.04 Administration. The following conditions apply to Tribal Family Medical Leave

granted under this section:

A. Notice. The Employee must provide at least 30 calendar days’ notice of the intended

date on which the TFML leave will commence and the intended date upon which it

will terminate, unless a reasonable medical emergency makes providing such notice

impractical, in which case the Employee shall provide notice as soon as reasonably

possible under the circumstances.

The following terms apply regarding this notice, which shall be provided on forms

approved and maintained by the Tribe:

(1) The Employee’s notice shall specify the reasons for the requested leave, the

anticipated start date of the leave, and the anticipated duration of the leave;

(2) The Employee shall submit this notice to their Human Resources contact; and

(3) In any case in which the leave is due to the covered active duty of a family

member, the Employee shall provide such notice as soon as reasonably

possible.

B. Certification. The Employer may require that requests for leave for the Employee’s

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own Serious Health Condition or to care for a family member’s Serious Health

Condition be supported by a certification issued by a Health Care Provider. The

Health Care Provider shall not have a familial relationship with the Employee or have

a close working relationship with the Employee as determined at the discretion of the

applicable administrator(s). The Employer may also require that an Employee’s leave

for a Qualifying Exigency or to care for a Covered Service-Member with a Serious

Injury or Illness be supported by a certification.

Upon request of the Employer, the Employee shall provide, in a timely manner, a

certification containing all the following information:

(1) The date on which the Serious Health Condition commenced;

(2) The probable duration of the condition;

(3) The appropriate medical facts within the knowledge of the Health Care

Provider regarding the condition;

(4) For purposes of leave to care for a family member, (i) a statement that the

Eligible Employee is needed to care for the Son, Daughter, Spouse, or Parent

and (ii) an estimate of the amount of time that such Employee is needed to

care for the Son, Daughter, Spouse, or Parent;

(5) For purposes of leave for the Employee’s own Serious Health Condition, a

statement that the Employee is unable to perform the functions of the position

of the Employee;

(6) In the case of certification for Intermittent Leave or Reduced Schedule Leave,

for planned medical treatment, (i) the dates on which such treatment is

expected to be given and (ii) the duration of such treatment;

(7) In the case of certification for Intermittent Leave or Reduced Schedule Leave,

for the Employee’s own Serious Health Condition, (i) a statement that the

particular leave schedule is medically necessary and (ii) the expected duration

of the leave schedule;

(8) In the case of certification for Intermittent Leave or Reduced Schedule Leave,

for the Employee to care for another with a Serious Health Condition, (i) a

statement that the particular leave schedule is necessary for the care of the

Son, Daughter, Parent, or Spouse with the condition, or (ii) a statement that

the leave will assist in their recovery, and the expected duration of the leave

schedule; and

(9) In the case of leave taken to care for a Covered Service-Member, a

certification completed by an authorized Health Care Provider of the covered

service-member (Department of Defense provider, Veterans Affairs provider,

TRICARE provider), (i) a statement as to whether the injury or illness was

incurred in the line of duty on active duty, (ii) the approximate date on which

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the serious injury or illness commenced, or was aggravated, and its probable

duration, (iii) a statement or description of appropriate medical facts regarding

the health condition for which Tribal Family Medical Leave is requested, (iv)

information sufficient to established that the covered service-member is in

need of care;

(10) In the case of leave taken because of a Qualifying Exigency, (i) a copy of

the military member’s active-duty orders or other documentation issued by the

military which indicates that the military member is on covered active duty or

call to covered activity status, and the dates of the military member’s covered

active-duty service, and (ii) a signed certification from the Employee setting

forth:

(a) the facts regarding the Qualifying Exigency for which leave is requested,

(b) the approximate date on which the Qualifying Exigency commenced or

will commence,

(c) the beginning and end dates for such leave,

(d) if Intermittent Leave, an estimate of the frequency and duration of the

Qualifying Exigency,

(e) if the Qualifying Exigency involves meeting with a third party,

appropriate contact information for the individual which whom the

Employee is meeting and a brief description of the purpose of the meeting,

and

(f) if the Qualifying Exigency involves rest and recuperation leave, a copy of

the military orders which indicates that the military member has been

granted such leave and the dates of the leave.

If an Employee fails to provide the required certification or fails to cure any defects

(incomplete or vague entries) in a required certification within 7 calendar days after

notice by the Employer of such defects, then the Employer shall be authorized to

deny the leave request made by the Employee.

C. Second Opinions. In any case in which the Employer has a reasonable basis to doubt

the validity of the medical certification provided, the Employer may require, at its

own expense, the Employee to obtain the opinion of a second Health Care Provider

designated or approved by the Employer concerning any information certified under

subsection B of this section for such leave. A Health Care Provider designated or

approved under this Section 4.04(C) shall not be employed on a regular basis by the

Employer. If the second opinion differs from the opinion in the original certification,

the Employer and Employee shall jointly designate a third Health Care Provider to

provide a third opinion, at the Employer’s expense, which opinion shall be considered

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final and binding on the Employee and the Employer.

D. Recertification. Employers may require any Employee taking TFML to obtain recertifications on a reasonable basis and at reasonable intervals, and within the same

scope and standards as original certifications.

E. Scheduling Obligations. Employees utilizing TFML, including on an Intermittent

Leave, shall make a reasonable effort to schedule treatments and leave so as not to

disrupt operations of their Employer whenever the necessity for leave is foreseeable

based on planned medical treatment.

F. Intermittent Leave and Reduced Schedule Leave. The following conditions apply to

leave taken on an intermittent basis or on a reduced schedule:

(1) Leave taken due to the birth of a Son or Daughter or as a result of placement

of a Son or Daughter with the Employee for adoption or foster care may not

be Intermittent Leave or Reduced Schedule Leave, unless the Employer

agrees;

(2) Leave taken due to one’s own serious health condition or to care for a family

member with a Serious Health Condition may be Intermittent Leave or

Reduced Schedule Leave, but only when it is medically necessary as certified

by a Health Care Provider;

(3) If an Employee requests Intermittent Leave or Reduced Schedule Leave, for

any reason stated in Section 4.02, the Employer may require the Employee to

transfer temporarily to an alternative position for which the Employee is

qualified if such new position: (i) is equal in pay and benefits (even if not

equal in duties or prestige); and (ii) better accommodates recurring periods of

leave as compared to Employee’s regular position; and

(4) An Employee who is taking Intermittent Leave or Reduced Schedule Leave

shall comply with the Employer’s usual notice or procedural requirements for

calling in absences and requesting leave. For example, an Employer (i) may

require an Employee to call in, on a daily or less frequent basis, to speak with

a particular individual or (ii) may require an Employee to sign a personal

certification verifying that s/he took the leave for the medical reason provided.

G. Spouses Employed by the Same Employer. In any case in which spouses entitled to

leave under Section 4.02, subsection A are employed by the same Employer, the

aggregate number of workweeks of leave to which both may be entitled may be

limited to 12 workweeks during any 12-month period if such leave is taken pursuant

to Section 4.02(A)(1) or (2), or to care for a sick Parent under Section 4.02 (A)(3), or

to a combined total of 26 weeks of leave during a 12-month period to care for a

Covered Service-member with a serious injury or illness under Section 4.02 (A)(6).

H. Substance Abuse. Substance abuse may be a Serious Health Condition in certain

instances. However, leave under this Code may be taken only for treatment of

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substance abuse by a Health Care Provider. Absence caused by an Employee’s actual

use of the substance, rather than for treatment, does not qualify for leave under this

Code, and is grounds for discipline, up to and including termination of employment.

The rules regarding substance abuse at work always apply.

I. Domestic Partners. Any Employer may elect, by policy provided to (and

acknowledged by) its Employees or by contract with an Employee, to provide Tribal

Family Medical Leave under this Code for the care of domestic partners. In that

event, such domestic partners shall be treated the same as spouses under this Code.

To qualify for domestic partner coverage under this Section 4.04(I), an Employee

must register their domestic partnership and their domestic partner’s name with their

human resources contact (or the equivalent Employer representative) with the

Employer on such forms or affidavits as may be required by the Employer. Nothing

in this Section 4.04(I) shall be interpreted to require the provision of Tribal Family

Medical Leave benefits to Employees with domestic partners at any Employer that

has not elected to provide it.

J. Equal Treatment of Spouses and Domestic Partners who Work for the Same

Employer. The restrictions upon Spouses of a single Employer under Section 4.04(G),

above, for leave taken pursuant to Section 4.02(A)(1),(2),(3), or (6) shall apply to two

Employees of a single Employer who consider themselves “domestic partners”

whether or not the Employer has elected to provide Tribal Family Medical Leave to

care for domestic partners pursuant to Section 4.04(H). Nothing in this Section

4.04(J). shall be interpreted to require the provision of Tribal Family Medical Leave

benefits to Employees with domestic partners at any Employer that has not elected to

provide it in accordance with Section 4.04(H).

Article 5.

EMPLOYEE BENEFITS PROTECTION

Section 5.01

Job Protection/Restoration to Position or Equivalent.

A. Except as provided herein, any Employee who exercises the right to Tribal Family

Medical Leave under this Code is entitled, upon return from such leave, to be restored

by the Employer to the position held by the Employee when the leave commenced or

to an equivalent position with equivalent Employee benefits, pay and other terms and

conditions of employment.

Notwithstanding anything to the contrary contained in this Code, an Employer may

deny restoration under this section to any Employee if the Employee obtains Tribal

Family Medical Leave fraudulently, or in the following circumstances:

(1) If the Employee would not otherwise have been employed at the time

reinstatement is requested (for example, if an Employee is laid off, if the

Employee’s shift or position has been eliminated for reasons unrelated to

his/her TFML, or if the Employee was hired for a specific term or only to

perform work on a discrete project and that term / project has expired or been

completed);

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(2) If the Employee is unable to perform an essential function of the position

because of a physical or mental condition (including but not limited to the

continuation of a Serious Health Condition), either with or without reasonable

accommodation;

(3) If the Employee fails to provide a requested fitness for duty certification;

(4) In the case of a Key Employee, reinstatement may be denied if such denial is

necessary to prevent substantial and grievous economic injury to the

operations of the Employer. However, an Employer who believes that

reinstatement may be denied to a Key Employee must give written notice to

the Employee at the time the Employee gives notice of the need for TFML (or

when the leave commences, if earlier) that the Employee qualifies as a “Key

Employee.” At the same time, the Employer must also fully inform the

Employee of the potential consequences with respect to reinstatement and

maintenance of health benefits if the Employer should determine that

substantial and grievous economic injury to the Employer’s operations will

result if the Employee is reinstated from Tribal Family Medical Leave.

As soon as an Employer makes a good-faith determination, based on the facts

available, that substantial and grievous economic injury to its operations will result if

a Key Employee is reinstated, the Employer shall notify the Employee in writing of

its determination that it cannot deny Tribal Family Medical Leave but intends to deny

restoration to employment on completion of the leave. The Employer must serve this

notice either in person or by certified mail. This notice must explain the basis for the

Employer’s determination, and, if leave has commenced, provide the Employee with

a reasonable time in which to return to work, taking into account the circumstances,

such as the length of the leave and the urgency of the Employee’s return. If an

Employee on leave does not return to work in response to the Employer’s notification

of intent to deny restoration, the Employee remains entitled to maintenance of health

benefits. A Key Employee’s rights under this Code shall continue unless and until the

Employee either gives notice that he or she no longer wishes to return to work, or the

Employer actually denies reinstatement at the conclusion of the leave period.

An Employee is still entitled to request reinstatement at the end of the leave period

even if the Employee did not return to work in response to the Employer’s notice. The

Employer must then again determine whether a substantial and grievous economic

injury to its operations will result, based on the facts at that time. If the Employer so

determines, the Employer shall notify the Employee in writing (in person or by

certified mail) of the denial of restoration.

Section 5.02

Maintenance of Employee Benefits.

During any Tribal Family Medical Leave taken under this Code, the Employer shall maintain

health insurance coverage for the duration of such leave at the level and under the conditions

coverage would have been provided if the Employee had continued in employment. Thus,

Employees must continue to pay for their share of benefits premiums, deductibles, co-payments,

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etc. To the extent such amounts are automatically deducted from payroll checks when an

Employee is working and an Employee stops receiving payroll checks at any point during their

leave (e.g., they are not using accrued paid leave benefits as income replacement during an

otherwise unpaid leave of absence), they must make arrangements to pay their portion of any

amounts due (primarily premiums) in advance. Absent specific approval based on unique

circumstances, Employers will not advance or otherwise cover, temporarily or permanently, such

Employee-related obligations. Employees who fail to arrange for the advance payment of their

portion owed for benefits continuation will experience a break in benefits coverage and possibly

termination of benefits coverage. The taking of leave pursuant to this Code shall not result in the

loss of any employment benefit accrued prior to the date on which the leave commenced.

However, nothing in this section shall be construed to entitle any Employee to the accrual of any

employment benefits during any period of leave or to any right, benefit, or position of

employment except those to which the Employee would have been entitled had the Employee not

taken the leave.

Section 5.03

Return to Work Certification

As a condition of restoration to employment, the Employer may require the Employee to provide

a Health Care Provider certification stating that the Employee is able to resume work and

perform the essential functions of his/her position, with or without reasonable accommodation.

Nothing in this Code shall be construed to prohibit an Employer from requiring an Employee on

leave to report periodically to the Employer on the status and intention of the Employee to return

to work.

Article 6.

EFFECT ON EXISTING EMPLOYEE BENEFITS

A. Benefit accrual. The taking of Tribal Family Medical Leave under this Code shall not

result in the loss of any Employee benefit accrued before the date on which the leave

commenced. However, an Employee has no greater right to benefits and conditions of

employment than if the Employee had been continuously employed during the leave

period. In accordance with the policies of the Tribe, Employees who are out on

unpaid leave pursuant to this Code shall not be entitled to accrue paid time off while

on leave.

B. Limitations. Nothing in this Code shall be construed to entitle any restored Employee

to the accrual of any seniority or employment benefits during any period of leave or

any right, benefit, or position of employment other than any right, benefit, or position

to which the Employee would have been entitled had the Employee not taken the

leave.

Article 7.

FREEDOM TO UTILIZE TRIBAL FAMILY MEDICAL LEAVE BENEFITS

The following shall be considered prohibited acts for an Employer under this Code:

A. Interference or Denial of Rights. An Employer may not interfere with, restrain or

deny the exercise of or the attempt to exercise any right provided by this Code.

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B. Discrimination or Retaliation Against Those Who Exercise Rights. An Employer may

not discharge, retaliate or otherwise discriminate against any Employee for

exercising, or attempting to exercise, any right provided by this Code.

C. Discrimination or Retaliation Against Those Who Oppose. An Employer may not

discriminate or retaliate against any Employee for opposing or challenging, in good

faith, any practice prohibited by this Code.

Article 8.

IMPLEMENTATION

Employers subject to the provisions of this Code shall develop and adopt, subject to appropriate

approval, as applicable, by the Executive Council, Board of Directors or other applicable

governing body of a Tribal entity, policies, procedures, and forms to implement the provisions of

this Code and educate Employees regarding them. In no event shall any policy or procedure

allow the Eligible Employee for more than twelve (12) weeks of TFML, provided that, under

extenuating circumstances documented by the Employer, a Discretionary Personal Leave of 30

days may be granted. At the expiration of all available leave periods, an Employee who is unable

to return shall be separated from the Employer, with rehire eligibility as appropriate.

Article 9.

REVIEW

Within 30 days after receipt of a final decision by an Employer regarding the administration of

any benefit available under the TFML, the Employee may appeal such final decision to the Plan

Administrative Committee (the “Committee”) charged with administering certain savings and

benefits plans offered by the Tribe and certain of its entities by filing a written appeal the

Committee. Any decision by the Committee shall be final and no further appeal shall be allowed.

Article 10.

RECORDS AND CONFIDENTIALITY

Section 10.01 Record Preservation.

Every Employer subject to this Code shall make, keep, and preserve such Employee records set

forth in Section 10.01(A) below. The Employer will preserve such records for the greater of

three years or that period of time set forth in the Employer’s record retention policy.

A. Each Employer shall maintain records of the following:

(1) Basic payroll and identifying Employee data, including name, address, and

occupation; rate or basis of pay and terms of compensation; daily and weekly hours

worked per pay period; additions to or deductions from wages; and total compensation

paid.

(2) Dates TFML leave is taken by Eligible Employees (e.g., available from time

records, requests for leave, etc., if so designated). Leave must be designated in records

as TFML leave; leave so designated may not include leave allowed under an employer

approved plan which is not also covered by TFML.

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(3) If TFML leave is taken by Eligible Employees in increments of less than one full

day, the hours of the leave.

(4) Copies of Employee notices of leave furnished to the Employer under TFML, if in

writing, and copies of all written notices given to employees as required under TFML.

Copies may be maintained in employee personnel files.

(5) Any documents (including written and electronic records) describing employee

benefits or Employer policies and practices regarding the taking of paid and unpaid

leaves.

(6) Premium payments of employee benefits.

(7) Records of any dispute between the Employer and an Eligible Employee

regarding designation of leave as TFML leave, including any written statement from the

employer or employee of the reasons for the designation and for the disagreement.

Section 10.02 Separation of Certain Records.

Records and documents relating to certifications, recertifications or medical histories of

employees or employees' family members, created for purposes of TFML shall be maintained as

confidential medical records in separate files/records from the usual personnel files. Such records

and documents shall be treated as confidential except that:

A. Supervisors and managers may be informed regarding necessary restrictions on the work or

duties of an employee and necessary accommodations; and

B. First aid and safety personnel may be informed (when appropriate) if the employee's

physical or medical condition might require emergency treatment; and

C. Government officials investigating compliance with TFML (or other pertinent law) shall be

provided relevant information upon request.

Article 11.

EFFECTIVE DATE, SEVERABILITY & AMENDMENTS

Section 11.01 Effective Date.

This Code shall take effect 30 calendar days after adoption by the Executive Council, though

Employers may begin to implement this Code before that if they so choose.

Section 11.02 Severability.

If any provision of this Code is determined to be invalid by a body of competent jurisdiction, the

remaining provisions of this Code shall remain unaffected.

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CERTIFICATION

As a duly-elected official of the Habematolel Pomo of Upper Lake, I do hereby certify that, at a

meeting duly called, noticed, and convened on the 10th day of July, 2026, at which time a

quorum of 7 was present, this Title 7 Chapter 2 Family Medical Leave Code was duly adopted

by a vote of _6_ FOR, _0 AGAINST, _1_ ABSTAINED, and said Chapter has not been

rescinded or amended in any form.

_________________________________

Danielle Cirelli, Executive Council Chairperson

__________________

Date

ATTEST:

_________________________________

Iris Picton, Executive Council Secretary

__________________

Date

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