Lac Courte Oreilles Tribal (2025)
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Lac Courte Oreilles Tribal
Code of Law
Volume 4
Chapters PAP.5 through PAP.22
2025 Edition
Current through:
March 24, 2025
Last Codified:
Res. No. 2025-57
The codes and laws in this document are in the public domain.
Published by the Open Law Library.
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Lac Courte Oreilles Tribal Code of Law
Volume 4
Title PAP
Policies and Procedures
PAP.5 LCO Community Health Center Personnel Policies and Procedures of the Lac Courte
Oreilles Band of Lake Superior Chippewa Indians ........... PAP.5-Error! Bookmark not defined.
PAP.7 LCO Ojibwe School - Waadookodaading Personnel Policies and Procedures of the Lac
Courte Oreilles Band of Lake Superior Chippewa Indians PAP.7-Error! Bookmark not defined.
PAP.9 Gaming Enterprises Personnel Policies and Procedures of the Lac Courte Oreilles Band
of Lake Superior Chippewa Indians ................................ PAP.9-Error! Bookmark not defined.
PAP.10 Governmental Fiscal Policies and Procedures of the Lac Courte Oreilles Band of Lake
Superior Chippewa Indians .......................................... PAP.10-Error! Bookmark not defined.
PAP.11 Grant Management ......................................... PAP.11-Error! Bookmark not defined.
PAP.14 LCO Development Corporation Personnel Policies and Procedures of the Lac Courte
Oreilles Band of Lake Superior Chippewa Indians ......... PAP.14-Error! Bookmark not defined.
PAP.15 Kinship Care and Long-Term Kinship Care Program Policies and Procedures.... PAP.15Error! Bookmark not defined.
PAP.17 Big Fish Golf Corporation Personnel Policies and Procedures PAP.17-Error! Bookmark
not defined.
PAP.18 Police Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior
Chippewa Indians ........................................................ PAP.18-Error! Bookmark not defined.
PAP.22 LCO Day Care - Genawendaawasong Personnel Policies and Procedures of the Lac
Courte Oreilles Band of Lake Superior Chippewa Indians ........... PAP.22-Error! Bookmark not
defined.
Chapter PAP.5 LCO Community Health Center Personnel Policies and Procedures of the Lac Courte Oreilles Band of
Lake Superior Chippewa Indians
Chapter PAP.5
LCO Community Health Center Personnel Policies and Procedures of the Lac Courte Oreilles
Band of Lake Superior Chippewa Indians
PAP.5.1 General Provisions ......................................... PAP.5.1-Error! Bookmark not defined.
PAP.5.2 Definitions ..................................................... PAP.5.2-Error! Bookmark not defined.
PAP.5.3 Governance ................................................... PAP.5.3-Error! Bookmark not defined.
PAP.5.4 Hiring Process ................................................ PAP.5.4-Error! Bookmark not defined.
PAP.5.5 Employment .................................................. PAP.5.5-Error! Bookmark not defined.
PAP.5.6 Wages............................................................ PAP.5.6-Error! Bookmark not defined.
PAP.5.7 Available Benefits .......................................... PAP.5.7-Error! Bookmark not defined.
PAP.5.8 Conduct ......................................................... PAP.5.8-Error! Bookmark not defined.
PAP.5.9 Workplace Safety ........................................... PAP.5.9-Error! Bookmark not defined.
PAP.5.10 Vehicle Driver Certification ........................ PAP.5.10-Error! Bookmark not defined.
PAP.5.11 Problem Solving ......................................... PAP.5.11-Error! Bookmark not defined.
PAP.5.12 Disciplinary Action and Appeal ................... PAP.5.12-Error! Bookmark not defined.
PAP.5.13 Miscellaneous Employee Procedures ......... PAP.5.13-Error! Bookmark not defined.
Preamble
This personnel policy and procedural manual is enacted pursuant to the inherent
sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians in the
implementation of Title XII, Chapter 3 of the Lac Courte Oreilles Band of Lake Superior
Chippewa Indians Tribal Code of Law (LCOTCL) – Employment Code and Title III, Chapter 5 of
the LCOTCL – Community Health Center Code. This personnel policy and procedural manual,
outlines the general policies, rules and practices in effect for the Lac Courte Oreilles
Community Health Center and is intended to be a helpful reference during your
employment with the LCO-CHC. The information contained herein is general information,
and its contents do not create or constitute a contract between the LCO-CHC and any
employee. The Tribal Governing Board acting in its sovereign capacity may in its sole
discretion amend this personnel policy and procedural manual from time to time. The
Human Resource Director, or designee, will distribute approved revisions to all employees.
PAP.5-
Subchapter PAP.5.1
General Provisions
Subchapter PAP.5.1
General Provisions
PAP.5.1.010 Title ........................................................ PAP.5.1-Error! Bookmark not defined.
PAP.5.1.020 Authority ................................................ PAP.5.1-Error! Bookmark not defined.
PAP.5.1.030 Purpose .................................................. PAP.5.1-Error! Bookmark not defined.
PAP.5.1.040 Mission Statement .................................. PAP.5.1-Error! Bookmark not defined.
PAP.5.1.050 Effective Date ......................................... PAP.5.1-Error! Bookmark not defined.
PAP.5.1.060 Interpretation ......................................... PAP.5.1-Error! Bookmark not defined.
PAP.5.1.070 Severability and Non-Liability .................. PAP.5.1-Error! Bookmark not defined.
PAP.5.1.080 Repeal of Inconsistent Governmental Manual(s) ... PAP.5.1-Error! Bookmark not
defined.
PAP.5.1.010 Title
This personnel policies and procedures manual shall be known as the LCO Community
Health Center Personnel Policies and Procedures of the Lac Courte Oreilles Band of Lake
Superior Chippewa Indians.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.010 was formerly codified as XIV LCOTCL §5.101
PAP.5.1.020 Authority
This personnel policy and procedural manual is enacted pursuant to the inherent
sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians in the
implementation of Title XII, Chapter 3 of the Lac Courte Oreilles Band of Lake Superior
Chippewa Indians Tribal Code of Law (LCOTCL) – Employment Code and Title III, Chapter 5 of
the LCOTCL – Community Health Center Code.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.020 was formerly codified as XIV LCOTCL §5.102
PAP.5.1.030 Purpose
It is the purpose of this personnel policy and procedural manual to provide the general
policies, rules and practices in effect at the LCO-CHC. This personnel policy and procedural
manual is intended to be a helpful reference during your employment with the LCO-CHC.
The information contained herein is general information, and its contents do not create or
PAP.5.1-
constitute a contract between the LCO-CHC and any employee. The Tribal Governing Board
acting in its sovereign capacity on behalf of the LCO-CHC may in its sole discretion amend
this personnel policy and procedural manual from time to time. The Tribal Human Resource
Director, or designee, will distribute approved revisions to all employees.
(a) The LCO-CHC shall be recognized as a family oriented clinic. The LCO-CHC shall strive
to provide excellence in compassionate health care, while educating the community utilizing
an understanding of traditional Anishinaabe beliefs as follows:
(1) The values of the LCO-CHC:
(A) Wellness
(B) Education
(C) Compassion
(D) Accessibility
(E) Respect
(F) Excellence
(2) These are our pathways that show "WE CARE."
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.030 was formerly codified as XIV LCOTCL §5.103
PAP.5.1.040 Mission Statement
We the people of Odaawaa Zaaga'iganing, the Lac Courte Oreilles Band of Lake Superior
Chippewa, will sustain our heritage, preserve our past, strengthen our present, and embrace
our future. We will defend our inherent sovereignty and safeguard our Mother Earth and
provide for the education, health, social welfare, and economic stability of the present and
future generations. We will provide for the spiritual, cultural, intellectual, physical,
emotional and social wellbeing of all employees and will assist employees to grow and
develop as members of the LCO-CHC's workforce to share in the success and prosperity of
the LCO-CHC.
PAP.5.1-
(a) It is the mission of the LCO-CHC to provide confidential quality family orientated
healthcare in an environment that is respectful and fosters innovation utilizing available
resource to maximize services to improve the overall health of the Tribal community.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.040 was formerly codified as XIV LCOTCL §5.104
PAP.5.1.050 Effective Date
Except as otherwise provided in specific sections, the provisions of this personnel policy
and procedural manual shall be effective on the date adopted by the Tribal Governing
Board.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.050 was formerly codified as XIV LCOTCL §5.105
PAP.5.1.060 Interpretation
The provisions of this personnel policy and procedural manual:
(a) Shall be interpreted and applied as minimum requirements applicable to the
employment related activities of the LCO-CHC;
(b) Shall be liberally construed in favor of the LCO-CHC;
(c) Shall not be deemed a limitation or repeal of any other tribal power or authority.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.060 was formerly codified as XIV LCOTCL §5.106
PAP.5.1.070 Severability and Non-Liability
If any section, provision or portion of this personnel policy and procedural manual is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of
this personnel policy and procedural manual shall not be affected thereby. The LCO-CHC
further asserts immunity on its part and that of its agencies, employees, and/or agents from
any action or damages that may occur as a result of reliance upon and conformance with
this personnel policy and procedural manual.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.070 was formerly codified as XIV LCOTCL §5.107
PAP.5.1-
PAP.5.1.080 Repeal of Inconsistent Governmental Manual(s)
All previous personnel policy and procedural manual(s) of the LCO-CHC inconsistent
with this manual are hereby repealed and the provisions of this manual shall govern the
employment related activities of the LCO-CHC.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.1.080 was formerly codified as XIV LCOTCL §5.108
PAP.5.1-
Subchapter PAP.5.2
Definitions
Subchapter PAP.5.2
Definitions
PAP.5.2.010 General Definitions ................................. PAP.5.2-Error! Bookmark not defined.
PAP.5.2.010 General Definitions
Any term not defined in this section shall be given its ordinary meaning. The following
terms, wherever used in this ordinance, shall be construed to apply as follows, except where
the context indicates otherwise:
(a) "Compensatory Time" and "Compensatory Time Off" means paid time off, which is
not counted as hours worked during the applicable workweek, or other work period for
purposes of overtime compensation, and for which the non-exempt employee is
compensated at the non-exempt employee's regular rate. All compensatory time must be
pre-approved by the Health Director.
(b) "Contracted Employee" means an employee who has entered into a written
contract, which has been properly authorized and signed by a signatory of the LCO-CHC and
the employee and which defines the employment relationship. The contract will be for a
specified period, and will outline benefits, pay and other conditions of employment. The
terms and conditions of employment for contracted employees may differ from the terms in
this personnel policy and procedural manual, and this manual may be incorporated by
reference in the Contracted Employee's written contract.
(c) "Employee" means an employee of the LCO-CHC including: Exempt Employee, Nonexempt Employee, Full-time Employee, Part-time Employee, Seasonal Employee, or
Temporary Employee.
(d) "Exempt Employee" means an employee who the Human Resources Director, or
designee, categorizes as being exempt from accruing compensatory time, and includes
executive, administrative, and professional employees who are compensated on a salary
basis.
(e) "Extreme Circumstance" means an unscheduled or unplanned circumstance
exceeding an ordinary, usual, or expected event.
(f) "Full-time Employee" means an employee regularly scheduled to work thirty-two to
forty (32-40) hours per week who has completed the ninety (90) day probationary period.
PAP.5.2-
Full-time employees are eligible for employee benefits subject to the limitations of the
applicable benefit plans.
(g) "Fringe Benefit" means an extra benefit supplementing an employee's salary, such
as: health insurance, Worker's compensation, 401(k) benefits, short-term and long-term
disability.
(h) "Habitual Absenteeism" means the repeated practice or habit of being absent from
work without a verifiable reason as established in this manual.
(i) "Health Center" or "LCO-CHC" means the Community Health Center of the Lac
Courte Oreilles Band of Lake Superior Chippewa Indians.
(j) "Health Director" means the individual employed by the Tribal Governing Board to
manage the affairs of the Lac Courte Oreilles Community Health Center as provided for in
this manual, the Community Health Center Code, and other relevant documents.
(k) "Immediate Family Member" means Husband, Wife, Son, Daughter, Mother, Father,
Brother, Sister, Grandparent, Grandchild, Niece, Nephew, Aunt and Uncle (including greatgrandparents, in-laws, and step-relationship etc.). Immediate family member may also
include a partner who has been in a relationship for a period of time or in relationship under
Ojibwe tradition and practices.
(l) "Independent Contractor" means an individual who is not an employee of the LCOCHC, but rather has entered into a contract with the LCO-CHC, which defines the scope of
services. Independent contractors are not employees, do not receive benefits, are not
subject to this personnel policy and procedural manual and are governed by a written or
verbal contract.
(m) "Management" means the Health Director, Department Director(s), and any
employee who is assigned permanent or temporary supervisory or decision making
authority.
(n) "Non-Exempt Employee" means an employee who the Human Resource Director, or
designee, categorizes as being non-exempt from accruing compensatory time.
(o) "Part-time Employee" means an employee regularly scheduled to work less than
thirty-two (32) hours per week. Part-time employees are not eligible for any fringe benefits
offered by the LCO-CHC, unless otherwise provided for in an Employment Contract with the
LCO-CHC or mandated by law. Employees who work 16 hours a week are eligible for the
FEHB insurance.
(p) "Positive Test Result" means a Blood Alcohol Concentration determined to be under
the influence as established in Section PAP.5.2.010(x) andSection PAP.5.8.080(c).
PAP.5.2-
(q) "Probationary Employee" means an employee who has not successfully completed
their required probationary period. Probationary employees are eligible for holiday leave
and funeral leave. Probationary employees accrue PTO leave, however probationary
employees will not be able to use PTO during their probationary period unless it is for
extreme circumstances with approval of their department head or director and concurrence
of the Health Director. If an employee does not complete the probationary period for any
reason, the employee forfeits all accrued but unused benefits.
(r) "Seasonal Employee" means an employee hired for an established period usually
during peak workloads or seasonal demands. Seasonal workers may not be eligible for all
employee benefits.
(s) "Serious Health Condition" means a condition which requires inpatient care at a
hospital, hospice, or residential medical care facility, or a condition which requires
continuing care by a licensed health care provider. This policy covers illnesses of a serious
and long-term nature, as documented by a licensed health care professional, resulting in
recurring or lengthy absences. Generally, a chronic or long term health condition which, if
left untreated, would result in a period of incapacity of more than three (3) days would be
considered a serious health condition.
(t) "Temporary Employee" means an employee hired for a period of ninety (90) days or
less. Temporary employees may work a full-time or part-time schedule and are not eligible
for employee benefits and paid leave.
(u) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
(v) "Tribal Court" means the Court of the Lac Courte Oreilles Band of Lake Superior
Chippewa Indians.
(w) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte
Oreilles Band of Lake Superior Chippewa Indians.
(x) "Under the Influence of Alcohol, Illegal Drugs or Controlled Substances" means the
following: a Blood Alcohol Concentration that indicates a positive test result as established
in Section PAP.5.8.080(c); or are results that confirm the presence of illegal substance; or
are results that confirm the presence of a controlled substances that an employee does not
have a valid prescription for or the levels exceed the prescribed dosage.
PAP.5.2-
(y) "Valid Prescription" means a prescription that is current and issued for a medical
purpose in the usual course of professional practice by a practitioner or a covering
practitioner who has conducted at least 1 in-person medical evaluation of the patient.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.2.010 was formerly codified as XIV LCOTCL §5.201
PAP.5.2-
Subchapter PAP.5.3
Governance
Subchapter PAP.5.3
Governance
PAP.5.3.010 General ................................................... PAP.5.3-Error! Bookmark not defined.
PAP.5.3.020 Sovereignty ............................................. PAP.5.3-Error! Bookmark not defined.
PAP.5.3.030 Employment Laws ................................... PAP.5.3-Error! Bookmark not defined.
PAP.5.3.040 Health Advisory Board............................. PAP.5.3-Error! Bookmark not defined.
PAP.5.3.050 Responsibilities of Health Director .......... PAP.5.3-Error! Bookmark not defined.
PAP.5.3.060 Responsibilities of Medical Director ........ PAP.5.3-Error! Bookmark not defined.
PAP.5.3.070 Responsibilities of Program Directors ...... PAP.5.3-Error! Bookmark not defined.
PAP.5.3.080 Responsibilities of Employees ................. PAP.5.3-Error! Bookmark not defined.
PAP.5.3.010 General
The Tribal Governing Board is the governing body of the Tribe. Pursuant to the
Amended Constitution and Bylaws of the Tribe, ultimate legal and fiscal responsibility of the
Tribe is with the Tribal Governing Board, as the elected representatives of the members of
the Tribe. The Tribal Governing Board possesses the inherent sovereign authority to
delegate oversight and management responsibilities to program directors for the planning
and daily operations of Tribal programs and entities. The Tribal Court interprets and
enforces, in accordance with and subject to applicable law, as well as these policies and
procedures established by the Tribal Governing Board.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.010 was formerly codified as XIV LCOTCL §5.301
PAP.5.3.020 Sovereignty
The LCO-CHC is a public body established as a subordinate entity of the Tribe pursuant
to Title III, Chapter 5 of the LCOTCL – Community Health Center Code. The Tribe is a
sovereign nation, with inherent reserved rights recognized through federal treaties; as such
the tribe exists within the geographical boundaries of the United States. Immunity from
private lawsuits is one aspect of inherent tribal sovereignty. Pursuant to Chapter TCT.1 of
the LCOTCL – Sovereign Immunity Code, immunity from suit means that no private lawsuit
can be maintained against the Tribe or any of its subordinate entities such as the LCO-CHC,
unless the Tribe consents to the action. Nothing in this manual, including without limitation
PAP.5.3-
the provisions of Subchapter PAP.5.12, constitutes a waiver of the Tribe's inherent sovereign
immunity.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.020 was formerly codified as XIV LCOTCL §5.302
PAP.5.3.030 Employment Laws
It is the general policy of the LCO-CHC to extend to its employees, where possible, the
rights and benefits provided by employers regulated by the laws of the United States.
However, the LCO-CHC looks to federal employment laws as guidelines only, and nothing in
this personnel policy and procedural manual shall be construed as the LCO-CHC's consent to
application of such laws. Another aspect of the Tribe's inherent sovereignty is that
Wisconsin Statutes are not applicable on Tribal operations without the express written
permission of the Tribal Governing Board. The Tribe reserves the right to create and modify
its employment laws and policies without regard to such laws or interpretations thereof.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.030 was formerly codified as XIV LCOTCL §5.303
PAP.5.3.040 Health Advisory Board
The Health Advisory Board, as established in Title III, Chapter 5 of the LCOTCL –
Community Health Center Code, shall serve in an advisory capacity to the Tribal Governing
Board and the Health Director to promote comprehensive planning, delivery of health
services and evaluation of health programs. The Board shall assist in the creation and review
of policies governing the services of the LCO-CHC and shall provide recommendations
thereof, as well as other such policies as requested by the Health Director or the Tribal
Governing Board.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.040 was formerly codified as XIV LCOTCL §5.304
PAP.5.3.050 Responsibilities of Health Director
The Health Director, as established in Title III, Chapter 5 of the LCOTCL – Community
Health Center Code, is responsible for the planning, organization, and administration of all
tribal health services and shall oversee all matters relating to program requirements
including daily operations of the LCO-CHC.
(a) The Health Director is responsible for carrying out the following functions:
PAP.5.3-
(1) Report to the Tribal Governing Board regarding the management of all health
care programs and personnel. The Health Director works with the Health Advisory Board
to ensure policy development, community needs, and development of health services;
(2) Advises the Tribal Governing Board concerning matters affecting contracting,
program activities, new initiatives, staffing and policy changes, and directly reports
progress in accomplishing activities to the Tribal Governing Board;
(3) Direct responsibilities for personnel management including the monitoring of job
performance and work schedules of all Directors and/or Department heads; and
(4) Establish and provide direct supervision over the Health Administration Sections.
(b) In addition to performing Director/Department Head annual evaluations, the Health
Director will assist supervisors with:
(1) Employee annual evaluations;
(2) Coordinating employee training, benefits, and salaries;
(3) Approval of employee requests for annual leave, sick leave, and compensatory
time; and
(4) Approves employee training and enforces Federal and Tribal travel
reimbursement policies.
(c) The Health Director will also:
(1) Oversee employees in the successful discharge of their delegated responsibilities
and initiate disciplinary action as necessary or required by this manual;
(2) Carry out the mandate of the Tribal Governing Board pursuant to initiatives of
the Tribe;
(3) Ensure that all programs are meeting requirements pursuant to established goals
and objectives including reporting, fund accounting, and compliance with federal
regulations;
(4) Ensure the LCO-CHC operates within the confines of the approved budget;
(5) Prepare annual strategic plan in conjunction with Health Advisory Board;
(6) Ensure completion of the scopes of work of all activities contained in the Tribe's
P.L.93-638 Contract with the Indian Health Service and other programs under the direct
control of the LCO-CHC;
PAP.5.3-
(7) Ensure completion of all required reports including an annual report to the
people with a copy to the Indian Health Services and documents necessary for
implementing required contracts or grants;
(8) Manage the LCO-CHC's budget including approval of expenditures, formulation
of program budget requests, modification of contract expenditures and providing
necessary information to the Tribal Accounting Department;
(9) Oversee the development of policies and procedures used in the ongoing
management of the LCO-CHC and ensure policies are followed by staff and patients;
(10) Oversee planning of program goals and objectives including new service
development and identification of issues affecting service delivery and assessment of
community needs;
(11) Serve as the primary contact person for all external agencies and area media;
(12) Oversee the development of informational materials developed by the LCOCHC;
(13) Carry out administration of support activities including training, information
systems, and financial management including 3rd party billing;
(14) Be responsible for the implementation of a quality improvement program and
evaluation of program services including arranging outside evaluations;
(15) Assign or delegate responsibilities to departmental staff of the LCO-CHC and
with Tribal Governing Board support develop the administrative structure of
department and personnel.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.050 was formerly codified as XIV LCOTCL §5.305
PAP.5.3.060 Responsibilities of Medical Director
The Medical Director, as established in Title III, Chapter 5 of the LCOTCL – Community
Health Center Code, is responsible for the day-to-day operations of the Medical Department
of the LCO-CHC and is primarily responsible for patient care. The Medical Director shall
report to the Health Director on all matters regarding patient care and the supervision of
medical personnel.
(a) The Medical Director is responsible for carrying out the following administrative
duties:
PAP.5.3-
(1) Direct supervision of the medical staff including the Lab Technician, Radiology
Technicians, Medical Records Staff, and the other physician staff;
(2) Ensure policies and procedures of the LCO-CHC and standards of accreditation
are followed in providing patient care;
(3) Ensure patient confidentiality and the safeguarding of medical information is
maintained;
(4) Provide technical expertise for administrative decisions regarding patient care,
evaluation of medical staff, and resolution of personnel matters affecting patient care;
(5) Assure that providers are available to serve patients during scheduled hours of
operation of the LCO-CHC and for planned specialized medical services;
(6) Work with the Health Director to determine and arrange for appropriate training
of medical staff; and
(7) Ensure peer review.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.060 was formerly codified as XIV LCOTCL §5.306
PAP.5.3.070 Responsibilities of Program Directors
The Program Directors, as established in Title III, Chapter 5 of the LCOTCL – Community
Health Center Code, are responsible for the day-today operations of their various programs.
They are responsible for program compliance under the directives of the grant
administration or funding source. The Program Directors shall report to the Health Director.
(a) The Program Directors are responsible for, but are not limited to, the following
duties:
(1) Ensure that the programs operations are consistent under tribal, state, and
federal law.
(2) Ensure completion of the assigned scopes of work of their departments and staff
as contained in the Tribe's IHS contract or grants for health care service including
reporting and completion of information system requirements;
(3) Manage the staff members of their departments including prioritizing workloads,
limiting compensation time requests, assigning responsibilities to staff members,
monitoring program budgets, maximize 3rd party revenue, evaluation of work activities,
and recordkeeping;
PAP.5.3-
(4) Ensure that personnel policies of the LCO-CHC are adhered to regarding
employee job performance, performance appraisals, approval of leave, training, and
disciplining of staff as warranted;
(5) Develop appropriate policies, procedures and protocols for their departments
forwarding them for approval to the Health Director, including direct participation in
quality assurance activities of the LCO-CHC;
(6) Complete tasks delegated by the Health Director and inform the Health Director
of anticipated or actual problems occurring in their department;
(7) Coordinate program services with other departments and directly participate as
requested by the Health Director in areas of planning, budget development meetings
and quality assurance activities;
(8) Submit a monthly report to the Health Director containing minimally the number
and type of services delivered to the LCO Community. They must also address the top
five health concerns as well as other health concerns. These reports will also outline
team achievements for the month in meeting patient care objectives and Continuous
Quality Improvement efforts.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.070 was formerly codified as XIV LCOTCL §5.307
PAP.5.3.080 Responsibilities of Employees
It is the responsibility of each employee of the LCO-CHC, as established in Title III,
Chapter 5 of the LCOTCL – Community Health Center Code, to learn and understand and
comply with the materials contained in this manual and any subsequent revisions.
Employees are encouraged, at any time, to submit suggestions for changes or improvements
in this manual to the Health Director. The responsibilities of the LCO-CHC employees are as
follows:
(a) The Employees are responsible for, but are not limited to, the following duties:
(1) Perform duties as contained in their job description or other duties as deemed
necessary by their supervisor or the health director for meeting customer service and
program goals and objectives of the LCO-CHC;
(2) Complete all intake, charting, reports, or forms required by the LCO-CHC to
provide patient care;
(3) Participate in assigned committees of the LCO-CHC and attend all mandatory
staff meetings and required or planned training sessions;
PAP.5.3-
(4) Inform supervisors of suggested improvements or opportunities to improve
services;
(5) Maintain professional standards in carrying out their job responsibilities
including successful interaction with all patients and LCO-CHC employees;
(6) Inform their supervisor of any real or anticipated problems in meeting their job
responsibilities including reporting any known program infractions; and
(7) Assist the LCO-CHC or their department in planning, department goals,
developing budgets, establishing policies and procedures, or evaluation activities.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.3.080 was formerly codified as XIV LCOTCL §5.308
PAP.5.3-
Subchapter PAP.5.4
Hiring Process
Subchapter PAP.5.4
Hiring Process
PAP.5.4.010 Equal Employment Opportunity .............. PAP.5.4-Error! Bookmark not defined.
PAP.5.4.020 Indian Preference.................................... PAP.5.4-Error! Bookmark not defined.
PAP.5.4.030 Hiring Preferences................................... PAP.5.4-Error! Bookmark not defined.
PAP.5.4.040 Employment of Relatives......................... PAP.5.4-Error! Bookmark not defined.
PAP.5.4.050 Employment of Minors............................ PAP.5.4-Error! Bookmark not defined.
PAP.5.4.060 Disclosure and Background Check ........... PAP.5.4-Error! Bookmark not defined.
PAP.5.4.070 Funding and Approval ............................. PAP.5.4-Error! Bookmark not defined.
PAP.5.4.080 Posting .................................................... PAP.5.4-Error! Bookmark not defined.
PAP.5.4.090 Job Application........................................ PAP.5.4-Error! Bookmark not defined.
PAP.5.4.100 Screening and Selection Process.............. PAP.5.4-Error! Bookmark not defined.
PAP.5.4.110 Tribal Governing Board Notification ........ PAP.5.4-Error! Bookmark not defined.
PAP.5.4.120 Orientation ............................................. PAP.5.4-Error! Bookmark not defined.
PAP.5.4.130 Position Description ................................ PAP.5.4-Error! Bookmark not defined.
PAP.5.4.140 Probationary Period ................................ PAP.5.4-Error! Bookmark not defined.
PAP.5.4.150 Classifications ......................................... PAP.5.4-Error! Bookmark not defined.
PAP.5.4.160 Employment At-Will ................................ PAP.5.4-Error! Bookmark not defined.
PAP.5.4.010 Equal Employment Opportunity
The LCO-CHC reaffirms its commitment to equal employment opportunity and
advancement toward all applicants and employees regardless of race, color, creed, national
origin, gender, sexual orientation, marital status, veteran status, religion, status with regard
to public assistance, membership or activity in a local commission, disability, age or any
other status protected by law.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.010 was formerly codified as XIV LCOTCL §5.401
PAP.5.4.020 Indian Preference
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et. seq. prohibits various forms
of discrimination, including racial, color, gender-based, religion or national origin within the
employment context. However, similar to the United States government, Indian tribes are
expressly exempted from the definition of a covered "employer." Consistent with this
exemption, the LCO-CHC grants Indian preference in employment, and will apply preference
PAP.5.4-
in the following order when there are two or more candidates that meet the job
qualifications:
(a) Members of the Lac Courte Oreilles Tribe,
(b) Members of other Federally Recognized Tribes with a dependent or dependents who
are members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians,
(c) Members of other Federally Recognized Tribes,
(d) Non-members with a dependent or dependents who are members of the Lac Courte
Oreilles Band of Lake Superior Chippewa Indians,
(e) All Others.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.020 was formerly codified as XIV LCOTCL §5.402
PAP.5.4.030 Hiring Preferences
The LCO-CHC will utilize the following preference ranking when considering an applicant
for employment. It is the responsibility of the applicant to provide the necessary documents
listed below for the purpose of obtaining preferences:
(a) Indian preference as described in Section PAP.5.4.020 of this manual (Applicant must
provide a signed official document from a federally recognized Tribe acknowledging
enrollment);
(b) Veteran preference (Applicant must provide a Veterans Administration form DD214);
(c) Former employees of the LCO-CHC whom left in "good standing" and whose
separation was not as a result of disciplinary action or an agreement in lieu of disciplinary
action which would have otherwise resulted in termination may re-apply after 6 months of
previous separation.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.030 was formerly codified as XIV LCOTCL §5.403
PAP.5.4.040 Employment of Relatives
The LCO-CHC encourages relatives of Lac Courte Oreilles Tribal members to seek
employment with the LCO-CHC. However, the LCO-CHC also seeks to avoid potential
problems arising from family members directly supervising one another. A waiver of this
PAP.5.4-
provision may be granted by the Health Director when the services of the employee cannot
be obtained from any other available person with the same or equivalent qualifications.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.040 was formerly codified as XIV LCOTCL §5.404
PAP.5.4.050 Employment of Minors
The LCO-CHC will utilize, solely as a guideline, federal laws pertaining to the
employment of minors.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.050 was formerly codified as XIV LCOTCL §5.405
PAP.5.4.060 Disclosure and Background Check
(a) All applicants who are being considered for employment with the LCO-CHC must
provide the information as described in Section Section PAP.5.4.090 of this manual.
Incomplete applications and application which fail to provide consent for background checks
will not be considered. For all applicants considering employment with the LCO-CHC, the
LCO-CHC reserves the right to:
(1) conduct background checks on all LCO-CHC employees.
(b) While employed with the LCO-CHC, every employee must notify his or her
department head or director in writing of any pending criminal charge or conviction, which
may result in disciplinary action pursuant to Subchapter PAP.5.12 of this manual. The LCOCHC reserves the right to:
(1) issue disciplinary action depending upon the severity of the charge or conviction.
(2) conduct a criminal background check or personnel background check of current
Governmental employees with reasonable suspicion of policy violations as detailed in
this manual.
(c) Failure to pass a background check to the satisfaction of the LCO-CHC or to disclose a
criminal charge or conviction may result in revocation of a conditional offer of hire or
disciplinary action, up to and including termination.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.060 was formerly codified as XIV LCOTCL §5.406
PAP.5.4-
PAP.5.4.070 Funding and Approval
Prior to posting or filing a position, the department head or director must ensure there
are sufficient funds to pay for salary, fringe benefits and all other costs of the position. If the
job is for a shorter period and only limited funds are available or if the position is contingent
upon receiving funding, this constraint will be explicitly specified at the time of
advertisement. The Health Director or designee shall ensure that all positions submitted for
posting have all required approvals.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.070 was formerly codified as XIV LCOTCL §5.407
PAP.5.4.080 Posting
Only the Human Resources Director, or designee, is authorized to post a position,
provided an existing position shall only be posted with the prior approval of the Health
Director.. All positions shall be posted for at least ten (10) working days, provided temporary
positions may be exempt from this section. The Human Resource Director, or designee, will
advertise all job postings locally at various locations and other places as appropriate
including electronic posting.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.080 was formerly codified as XIV LCOTCL §5.408
PAP.5.4.090 Job Application
(a) Application Form. Applicants for employment are required to submit a current and
complete application form, which will include without limitation:
(1) Signature for permission to perform a background and reference check;
(2) Driving record and insurance information (if applicable);
(3) Drug testing consent and authorization form;
(4) Letter of interest;
(5) Resume;
(6) Credentials;
(7) Proof of any stated qualifications;
(8) Three (3) current (within a year) letters of recommendation;
PAP.5.4-
(9) Academic transcripts; and
(10) Documentation of hiring preferences pursuant to Section PAP.5.4.030 of this
manual.
(b) Background Investigations. The Human Resource Director, or designee, shall ensure
that background investigations are performed prior to applicant screening pursuant to
Section PAP.5.4.060 of this manual.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.090 was formerly codified as XIV LCOTCL §5.409
PAP.5.4.100 Screening and Selection Process
As an employer, the LCO-CHC seeks to employ individuals who possess the
qualifications, skills, abilities and background to meet the employment needs of the LCOCHC. It is also the intent of the LCO-CHC to treat all applicants with respect and fairness
along with ensuring the provisions of Section PAP.5.4.010 of this manual, are adhered to.
Pursuant to the Privacy Act of 1974, 5 U.S.C. § 552a, all applications shall be treated as
privileged information and shall be made available only to those directly involved in the
hiring process.
(a) Applicant Screening.
(1) Upon receipt, all applications will be date stamped and kept in the hiring file
until the deadline date and time has expired. After the deadline, all applications
received, within the required time lines, will be reviewed by the Human Resources
Director for completeness and minimum qualifications. In addition, the Human
Resources Director will conduct a background and reference check to determine any
issues that might prohibit an individual from being employed by the LCO-CHC.
(2) Applicants that are deemed to meet these minimum qualifications will be
notified in writing, emailed (if applicable) and/or telephonically of an offer to be
interviewed. Any applications deemed to not be complete, not meet the minimum
qualifications or have a background check that contains information that is detrimental
to the LCO-CHC will be notified in writing that they were not selected to be interviewed.
(3) The decision to not offer an interview will not be subject to any grievance,
complaint or appeal provisions of the LCO-CHC.
(4) In the event the Health Director, Human Resources Director, or Department
Head or Director determines that there is no qualified or insufficient applicants the
position may be reposted.
PAP.5.4-
(5) Reference and background checks made by the Human Resources Director
should be properly documented and retained for a minimum period consisting of the
probationary period of the position being considered.
(b) Applicant Interview.
(1) All eligible applicants will be interviewed by a committee which shall be
facilitated by the Human Resources Director and composed of the following, unless the
position being considered requires such other composition as determined by the Health
Director:
(A) Human Resource Director;
(B) Health Director;
(C) Department Head or Director;
(D) Immediate Supervisor for the position being interviewed;
(E) Other as the department head or director deems appropriate.
(2) In all instances, current tribal member employees shall comprise the interview
committee as deemed by the Health Director.
(c) Interviewing Principles.
(1) The committee will interview each eligible applicant and shall make the selection
based upon all relevant factors, including but not limited to:
(A) Preferences defined in Section PAP.5.4.030 of this manual;
(B) Education/Training;
(C) Personal and professional references;
(D) Experience relevant to position;
(E) Interview;
(F) Pre-determined interview questions will be asked consistently for each
applicant for the position.
(2) The committee may utilize a ranking system that factors all of the areas
established in Section PAP.5.4.100(c)(1) above, that will ensure a fair and equitable
process for determining the best qualified candidate, and if applicable an alternate, to
PAP.5.4-
fill the position being interviewed. Such system may utilize points or other forms of
ranking that is deemed relevant for the position in consideration. The Human Resources
Director shall forward the committee's recommendation to the Health Director for
review and approval.
(3) The Human Resource Director or designee shall notify the successful and
unsuccessful applicants in writing within five (5) working days. If the selected individual
does not accept the position or an employee does not successfully complete the
probationary period, the Human Resource Director shall offer the position to the
alternate selection, if applicable. If there was no alternate selected then the Human
Resource Director or designee may repost the position as approved by the Health
Director.
(4) All relevant documents related to a hiring will be retained by the Human
Resources Director for a period not longer than the probationary period for the position
being considered. Pursuant to the Privacy Act of 1974, 5 U.S.C. § 552a, all such
information shall be treated as privileged information and shall be made available only
to those directly involved in the hiring process.
(5) If an employee does not complete the probationary period, the Human Resource
Director shall offer the position to the alternate selection. If there was no alternate
selected then the Human Resource Director or designee may repost the position as
approved by the Health Director.
(6) The decision to not hire an interviewee will not be subject to any grievance,
complaint or appeal provisions of the LCO-CHC.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.100 was formerly codified as XIV LCOTCL §5.410
PAP.5.4.110 Tribal Governing Board Notification
The Health Director will notify the Tribal Governing Board who was hired for what
position(s) and/or if a position(s) was reposted.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.110 was formerly codified as XIV LCOTCL §5.411
PAP.5.4.120 Orientation
(a) All new employees will be provided an orientation checklist within the first day of
employment, and will be provided: this personnel policy and procedural manual, all required
forms for employment, benefits, a copy of Chapter CMP.6 – Worker's Compensation Code,
PAP.5.4-
HIPAA, Cultural Sensitivity, OSHA, risk management, infection control, and day-to-day
procedures. The Human Resource Director, or designee, will also answer any questions
which may arise throughout the course of employment. Supervisors will provide further
direction relevant to the operation of their department.
(b) Orientation for department head or directors will include additional training with the
Contracts Office, the Accounting Department and other required areas to familiarize the
employee with grants management responsibilities, accounting codes and procedures, and
other applicable functions.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.120 was formerly codified as XIV LCOTCL §5.412
PAP.5.4.130 Position Description
The Human Resource Director, or designee, will provide every employee on an annual
basis with a copy of his or her current and or amended position description. The position
description is intended to provide a general overview of the duties of the position. From
time to time, however, employees will perform duties and handle duties and responsibilities
that are not a part of the original position description. Position descriptions contain a
general description of a position and do not create any employment rights or entitlements.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.130 was formerly codified as XIV LCOTCL §5.413
PAP.5.4.140 Probationary Period
(a) All newly-hired employee's will be placed on a ninety (90) calendar day probationary
period with the exception of positions identified by the department head or director as
needing an extended period in order to adequately assess the employees capabilities to
perform the job duties. During an employee's probationary period they will get to know
fellow employees, Management and the duties involved for the position. The LCO-CHC will
work closely with employees during the probationary period to assist in understanding the
needs and processes of the job. The probationary period may be waived by the Health
Director for short term or seasonal employment.
(b) The probationary period is a trial time for both the employee and the LCO-CHC.
During this probationary period, the LCO-CHC will evaluate the employee's suitability for
employment. At any time during the probationary period, an employee may resign without
any detriment to the employee's record. In addition, if during this period an employee's
work habits, attitude, attendance, or performance do not measure up to the LCO-CHC's
standards, the LCO-CHC may extend the probationary period for up to ninety (90) calendar
PAP.5.4-
days or terminate the employee's employment without the ability of the employee to
appeal the decision.
(c) Probationary employees are eligible for paid holiday leave and paid funeral leave.
Probationary employees accrue Personal Time Off. Such employees cannot use Personal
Time Off until the completion of their probationary period, unless authorized by their
immediate supervisor with concurrence from the Health Director and only for medical
reasons with a documented note by a licensed medical professional or extreme
circumstances. If an employee does not complete the probationary period for any reason,
the employee forfeits all accrued but unused benefits.
(d) At the end of the probationary period, the LCO-CHC will prepare a written
performance evaluation and discuss overall job performance with the employee. During the
course of the discussion, the employee is encouraged to present his or her comments and
ideas as well.
(e) The probationary period ends only when a written evaluation of the employee is
filed to the Human Resources Director by the supervisor indicating the employee has passed
probation, with no exceptions.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.140 was formerly codified as XIV LCOTCL §5.414
PAP.5.4.150 Classifications
Upon hire, the LCO-CHC will inform every employee of his or her employment
classification, whether exempt or non-exempt, full-time, part-time, seasonal or temporary.
This is important because employment classification has an effect on employee rights and
benefits under this personnel policy and procedural manual (See Subchapter PAP.5.2 –
Definitions for the various classifications).
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.150 was formerly codified as XIV LCOTCL §5.415
PAP.5.4.160 Employment At-Will
Employees, with the exception of certain contracted employees, are hired for an
indefinite and unspecified duration and are not guaranteed employment for any specified
length of time. As such, either the LCO-CHC or an employee can terminate the employment
relationship at-will, at any time. In addition, the LCO-CHC can modify, amend, supplement or
delete terms and conditions of employment relationship at-will, at any time, with or without
cause or advance notice. No individual or governmental body, other than the Tribal
PAP.5.4-
Governing Board, or its authorized designee, has the power or legal authority to alter the atwill nature of the employment relationship.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.4.160 was formerly codified as XIV LCOTCL §5.416
PAP.5.4-
Subchapter PAP.5.5
Employment
Subchapter PAP.5.5
Employment
PAP.5.5.010 Work Site Accommodations .................... PAP.5.5-Error! Bookmark not defined.
PAP.5.5.020 Personnel Files ........................................ PAP.5.5-Error! Bookmark not defined.
PAP.5.5.030 Medical Documentation .......................... PAP.5.5-Error! Bookmark not defined.
PAP.5.5.040 Hours of Work......................................... PAP.5.5-Error! Bookmark not defined.
PAP.5.5.050 Pay Period............................................... PAP.5.5-Error! Bookmark not defined.
PAP.5.5.060 Reclassification ....................................... PAP.5.5-Error! Bookmark not defined.
PAP.5.5.070 Evaluations ............................................. PAP.5.5-Error! Bookmark not defined.
PAP.5.5.080 Resignations............................................ PAP.5.5-Error! Bookmark not defined.
PAP.5.5.090 Transfers ................................................. PAP.5.5-Error! Bookmark not defined.
PAP.5.5.100 Promotions ............................................. PAP.5.5-Error! Bookmark not defined.
PAP.5.5.110 Attendance ............................................. PAP.5.5-Error! Bookmark not defined.
PAP.5.5.120 Lunch ...................................................... PAP.5.5-Error! Bookmark not defined.
PAP.5.5.130 Break Periods .......................................... PAP.5.5-Error! Bookmark not defined.
PAP.5.5.140 Inclement Weather ................................. PAP.5.5-Error! Bookmark not defined.
PAP.5.5.010 Work Site Accommodations
The LCO-CHC is exempted from the federal and state offered definition of an employer
as provided by the American's with Disabilities Act, 42 USC § 12111 (5) (B). However, as a
matter of its own internal policies the LCO-CHC discourages discrimination against persons
with disabilities and when possible seeks to accommodate persons with disabilities on the
job. When possible, the LCO-CHC will make reasonable efforts to provide reasonable
accommodations to all employees and applicants, including work site accessibility.
Employees must notify their department head or director or the Human Resource Director,
or designee, in writing of any requested reasonable accommodation within a reasonable
period of time after the employee learns of the need for such accommodation.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.010 was formerly codified as XIV LCOTCL §5.501
PAP.5.5.020 Personnel Files
(a) The LCO-CHC will create and maintain a personnel file for each employee beginning
at the time of employment. These files are the sole property of the LCO-CHC and are
deemed confidential. All employee files, past and present, will be secured in a locked
location at all times. Access will be limited to the Human Resource Director, or designee, a
PAP.5.5-
Department Head or Director, the Health Director, an employee or his or her representative
if designated in writing which states the purpose of the disclosure. An employee may
inspect his or her personnel file in the Human Resources department by contacting the
Human Resource Director, or designee, to make an appointment. Files will be reviewed in a
secure location under the supervision of the Human Resource Director, or designee. A
personnel file may contain the following types of information:
(1) Original employment application,
(2) Letters of reference,
(3) Notice of hire,
(4) New hire forms,
(5) Current position description,
(6) Records of all disciplinary actions,
(7) Performance evaluations,
(8) Starting pay scale and subsequent increases,
(9) Change of employment status,
(10) Applicable skills test results,
(11) Training and career development records,
(12) Copy of certification or licenses as required,
(13) Copy of separation notice or letter of resignation,
(14) Exit interview and inventory checklist,
(15) Other documents relied upon by the LCO-CHC to make decisions concerning the
employee's employment.
(b) The Human Resources department will maintain time, attendance, and payroll and
leave records for each employee in a separate file. The Human Resource Director, or
designee, will maintain payroll reports for employees.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.020 was formerly codified as XIV LCOTCL §5.502
PAP.5.5-
PAP.5.5.030 Medical Documentation
The LCO-CHC will maintain employee documentation as it relates to Doctor's excuse for
longer than the allowable three day absence, return to work statements or any limitations
on type of work to be performed by the employee. This information shall be maintained
alongside an employee's personnel file, but shall be maintained in a separate file. Access will
be limited to the Human Resource Director, or designee. All personal medical related
information is subject to the provisions of the Health Insurance Portability and
Accountability Act of 1996, 110 Stat. 1936.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.030 was formerly codified as XIV LCOTCL §5.503
PAP.5.5.040 Hours of Work
(a) Each employee's work schedule shall be determined by the Department Head or
Director, subject to approval from the Health Director, and only when patient care or
services are not affected by frequent absences. Employee hours may be changed at the
discretion of the Department Head or Director, and each department may establish its own
work schedule, subject to the approval of the Health Director. A written approval shall be
maintained in an employee's personnel file.
(b) Each Employee must accurately record, sign and in addition have their respective
Supervisor attest to the hours being paid by signing an approved timesheet or timecard.
Each timesheet or timecard shall accurately reflect the actual hours being paid during the
pay period and distributed by the correct payroll and account/department coding for each
employee. The timesheet or timecard is a legal record of hours worked and may not be
altered without consent of both the employee and his or her department head or director.
Each employee and their Supervisor are responsible for the accuracy of their timesheet or
timecard. The Department Head or Director or the Health Director and the employee must
initial all timecards recorded by the use of a time clock. Timecards are the property of the
LCO-CHC and must remain in the timecard rack. No employee shall knowingly punch the
timecard of another employee or allow another employee to punch his or her timecard.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.040 was formerly codified as XIV LCOTCL §5.504
PAP.5.5-
PAP.5.5.050 Pay Period
The LCO-CHC's pay period is from Monday through Sunday and all hours worked during
this period are to be recorded as defined in Section PAP.5.5.040 of this manual.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.050 was formerly codified as XIV LCOTCL §5.505
PAP.5.5.060 Reclassification
The LCO-CHC may reclassify an employee (full-time, part-time, exempt, nonexempt,
etc.) if the duties or need for the employee has changed. The reclassification of an employee
may result in a change in the terms and conditions of employment including without
limitation eligibility for benefits, and leave. Any supervisor who seeks to reclassify an
employee shall obtain proper authorization from the Department Head or Director in
collaboration with the written approval of the Health Director.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.060 was formerly codified as XIV LCOTCL §5.506
PAP.5.5.070 Evaluations
(a) At the end of the probationary period, the Department Head or Director will prepare
a written performance evaluation in accordance with Section PAP.5.4.140 of this manual.
(b) Each employee will receive an annual written performance evaluation from their
supervisor. The evaluation will highlight the employee's strengths and weaknesses, and
ways to improve or enhance job performance. The employee and the Department Head or
Director or Health Director must sign the evaluation. The employee's signature does not
necessarily indicate concurrence, but does record acknowledgement and delivery of the
document. Employees should not expect that evaluations will automatically result in a
change in pay. However, the LCO-CHC will rely on evaluations, in addition to all other
relevant information, to make decisions about an employee's terms and conditions of
employment.
(c) Failure of the Department Head or Director to complete an evaluation for their
employees within 30 days of the employees Anniversary date may result in disciplinary
action.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.070 was formerly codified as XIV LCOTCL §5.507
PAP.5.5-
PAP.5.5.080 Resignations
Each employee must provide his or her supervisor with at least two (2) weeks prior
written notice of resignation. Failure to provide notice will result in a negative
recommendation for future employment and shall result in forfeiture of accrued but unused
PTO leave.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.080 was formerly codified as XIV LCOTCL §5.508
PAP.5.5.090 Transfers
An employee may be granted an internal transfer upon agreement of the supervisors of
both of the applicable departments or programs involved, subject to the prior approval of
the Health Director. The transferred employee must accept all provisions of the other
position (i.e. benefits, rate of pay, duties, hours of work, etc.). The provisions of Subchapter
PAP.5.4 of this manual shall not apply to transfers with the exception of Section
PAP.5.4.040, Section PAP.5.4.070, Section PAP.5.4.130, Section PAP.5.4.150, and Section
PAP.5.4.160. In addition, the provisions of Section PAP.5.4.140, may not apply upon
approval of the new supervisor, with concurrence from the Health Director. This transfer
may be granted allowing employees to transfer to new "open" positions with the approval
of the Health Director and Department Head or Director without having to go through the
position posting provision as established in Section PAP.5.4.080 of this manual and the
interview process provision as established in Section PAP.5.4.100 of this manual.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.090 was formerly codified as XIV LCOTCL §5.509
PAP.5.5.100 Promotions
A Department Head or Director may recommend an employee for a promotion based
upon job performance and the needs of the LCO-CHC, subject to the prior approval of the
Health Director. The promoted employee must accept all provisions of the new position (i.e.
benefits, rate of pay, duties, hours of work, etc.). The provisions of Subchapter PAP.5.4 of
this manual shall not apply to transfers with the exception of Section PAP.5.4.040, Section
PAP.5.4.070, Section PAP.5.4.130, Section PAP.5.4.150, and Section PAP.5.4.160. In addition,
the provisions of Section PAP.5.4.140, may not apply upon approval of the new Department
Head or Director, with concurrence from the Health Director. The Health Director shall
provide the Tribal Governing Board with written notice of all promotions.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.100 was formerly codified as XIV LCOTCL §5.510
PAP.5.5-
PAP.5.5.110 Attendance
Punctuality and regular attendance are essential to the effective operation of the LCOCHC. Employees must report to work on time. Any employee who will be absent from work
must notify his or her immediate supervisor no later than their respective scheduled start
time. Any employee who wants to leave early for any reason must have prior approval from
his or her immediate supervisor, punch out and punch in upon return. Failure to report to
work by your respective start time, without notice, for three consecutive working days will
be considered job abandonment and the employee will be considered to have resigned from
the LCO-CHC. Job abandonment shall be subject to the provisions of Section PAP.5.5.080 of
this manual. Job abandonment shall not be subject to appeal.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.110 was formerly codified as XIV LCOTCL §5.511
PAP.5.5.120 Lunch
(a) Employees are allowed one (1) hour leave for lunch. Employees must take their
lunch at the usual time, between 12:00 – 1:00, unless mutually changed by the employee
and supervisor. No employee may work through lunch without prior approval of their
supervisor, with concurrence from the Health Director.
(b) Any employee that chooses to work through the lunch period voluntarily forfeits
their leave time for lunch. No lunch time may be taken at the end of the work day.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.120 was formerly codified as XIV LCOTCL §5.512
PAP.5.5.130 Break Periods
Employees are allowed one fifteen (15) minute break between the hours of 8:00 a.m.
and noon and another fifteen (15) minute break between 1:00 p.m. and 4:30 p.m.
Employees should be mindful and courteous of workload requirements and the need to
make certain that break periods should not be abused.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.130 was formerly codified as XIV LCOTCL §5.513
PAP.5.5.140 Inclement Weather
(a) In the event of inclement weather conditions, the Tribal Governing Board and Health
Director will gather information on existing and anticipated weather and road conditions
from the Transportation Directors and local TV broadcasts.
PAP.5.5-
(b) The Health Director will contact Tribal Governing Board members to determine if
LCO-CHC offices will open as usual, will be closed, or will have a later opening time.
(c) By 6:30 am, the Health Director or designee will contact local radio stations (WOJB,
WRLS, WHSM) if the LCO-CHC offices will be closed or opening later than normal. If there
are no announcements on the local radio stations, then the LCO-CHC offices will be open as
usual.
(d) When LCO-CHC offices are open, employees that would prefer to not drive during
inclement weather conditions must contact their supervisor to obtain the approval to utilize
accrued PTO. However, employees are to make every reasonable effort to come to work,
especially employees with meetings or appointments scheduled.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.5.140 was formerly codified as XIV LCOTCL §5.514
PAP.5.5-
Subchapter PAP.5.6
Wages
Subchapter PAP.5.6
Wages
PAP.5.6.010 Wage Classifications................................ PAP.5.6-Error! Bookmark not defined.
PAP.5.6.020 Wage Increases ....................................... PAP.5.6-Error! Bookmark not defined.
PAP.5.6.030 On Call Staff ............................................ PAP.5.6-Error! Bookmark not defined.
PAP.5.6.040 Compensatory Time ................................ PAP.5.6-Error! Bookmark not defined.
PAP.5.6.050 Temporary Increases ............................... PAP.5.6-Error! Bookmark not defined.
PAP.5.6.060 Employer Payroll Deductions................... PAP.5.6-Error! Bookmark not defined.
PAP.5.6.070 Bank Deposits or Payroll Deductions ....... PAP.5.6-Error! Bookmark not defined.
PAP.5.6.080 Workers' Compensation .......................... PAP.5.6-Error! Bookmark not defined.
PAP.5.6.010 Wage Classifications
The LCO-CHC establishes wage and salary classifications for each position based on
many factors, including, but not limited to position category, education, experience,
knowledge, ability and level of responsibility.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.010 was formerly codified as XIV LCOTCL §5.601
PAP.5.6.020 Wage Increases
The LCO-CHC will consider cost of living, merit and wage increases on an annual basis.
All such increases are contingent upon many factors, including funding availability and
performance evaluation. Any increase is at the discretion of the Department Head or
Director, with written approval of the Health Director.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.020 was formerly codified as XIV LCOTCL §5.602
PAP.5.6-
PAP.5.6.030 On Call Staff
Personnel that are designated to be a weekly "on-call" worker will be provided an
additional stipend above their normal pay to compensate them for their services. Such
compensation will be in lieu of compensatory time accrual.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.030 was formerly codified as XIV LCOTCL §5.603
PAP.5.6.040 Compensatory Time
(a) The Human Resource Director, or designee, will classify and consistently review the
classification of employees as either Exempt or Non-exempt. Exempt employees are
compensated on a salary basis and will not accrue compensatory time for hours worked in
excess of forty (40) hours in a workweek. Non-exempt employees will accrue, in lieu of
overtime compensation, compensatory time for authorized hours worked in excess of forty
(40) hours in a workweek.
(b) A Non-exempt employee shall not work over forty (40) hours in a workweek without
the prior written authorization of the department head or director and the Health Director.
A department head or director may adjust any employee's work schedule to avoid
accumulation of compensatory time.
(c) The LCO-CHC will permit a Non-exempt employee to use accrued compensatory time
off with their supervisor's approval as long as the use of the compensatory time will not
unduly disrupt the operations of the LCO-CHC.
(d) A Non-exempt employee must use compensatory time during the fiscal year in which
it was accrued, and all such unused time shall be forfeited at the end of the fiscal year,
provided a maximum of forty (40) hours may be carried over into any new fiscal year. The
LCO-CHC may enforce this provision any time it becomes aware an employee carried over
too much compensatory time from one fiscal year to the next.
(e) A Non-exempt employee who has accrued compensatory time off shall be paid for
up to forty (40) hours of unused compensatory time at the employee's ending rate of pay
upon the resignation of employment as long as the employee provided proper notice
pursuant to Section PAP.5.5.080 of this manual. Employees that have been terminated
pursuant to Subchapter PAP.5.12 of this manual shall forfeit all remaining uncompensated
PAP.5.6-
accrued compensatory time. At no other time may an employee cash out accrued
compensatory time.
(Res. No. 2022-48; Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.040 was formerly codified as XIV LCOTCL §5.604
PAP.5.6.050 Temporary Increases
A Department Head or Director who obtains prior authorization of the Health Director
may temporarily increase the pay rate of an employee during the time that the employee is
temporarily performing the duties of a position with a higher salary range. Any increase will
cease upon removal of the conditions that warranted the increase.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.050 was formerly codified as XIV LCOTCL §5.605
PAP.5.6.060 Employer Payroll Deductions
Various payroll deductions are made each payday to comply with applicable laws,
including but not limited to federal and state income tax withholding and social security. At
the end of each calendar year, the LCO-CHC will provide each employee with a Wage and
Tax Statement (W-2) form. This statement summarizes employee income and deductions for
the year.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.060 was formerly codified as XIV LCOTCL §5.606
PAP.5.6.070 Bank Deposits or Payroll Deductions
The LCO-CHC may automatically deposit Employees' paychecks at financial institutions
and may provide for payroll deductions, subject to applicable, charges, procedures and
limitations. In addition, the LCO-CHC may make deductions from Employees' paychecks in
accordance with orders issued by a court of competent jurisdiction. Employees should
contact the Accounting Department with any questions.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.070 was formerly codified as XIV LCOTCL §5.607
PAP.5.6.080 Workers' Compensation
The LCO-CHC carries insurance to cover the cost of work-incurred injury or illness.
Benefits help pay for employees' medical treatment and a portion of any income lost while
PAP.5.6-
recovering. An employee must report any work-related injury or illness to his or her
department head or director by completing the "First Report of Injury or Illness Form,"
which must be completed within the timelines as stated in the Chapter CMP.6 – Worker's
Compensation Code. Refer to the Chapter CMP.6 – Worker's Compensation Code for
additional guidelines.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.6.080 was formerly codified as XIV LCOTCL §5.608
PAP.5.6-
Subchapter PAP.5.7
Available Benefits
Subchapter PAP.5.7
Available Benefits
PAP.5.7.010 Available Benefits.................................... PAP.5.7-Error! Bookmark not defined.
PAP.5.7.020 Eligibility ................................................. PAP.5.7-Error! Bookmark not defined.
PAP.5.7.030 Group Health Insurance / Cobra .............. PAP.5.7-Error! Bookmark not defined.
PAP.5.7.040 Holiday Leave.......................................... PAP.5.7-Error! Bookmark not defined.
PAP.5.7.050 Personal Time off .................................... PAP.5.7-Error! Bookmark not defined.
PAP.5.7.060 Sharing of Personal Time Off ................... PAP.5.7-Error! Bookmark not defined.
PAP.5.7.070 Additional Paid Leave .............................. PAP.5.7-Error! Bookmark not defined.
PAP.5.7.080 Unpaid Leave .......................................... PAP.5.7-Error! Bookmark not defined.
PAP.5.7.090 Family and Medical Leave ....................... PAP.5.7-Error! Bookmark not defined.
PAP.5.7.100 Life Insurance, Disability Insurance and Retirement Plan ............... PAP.5.7-Error!
Bookmark not defined.
PAP.5.7.110 Employee Assistance Program................. PAP.5.7-Error! Bookmark not defined.
PAP.5.7.120 Christmas Bonus ..................................... PAP.5.7-Error! Bookmark not defined.
PAP.5.7.130 Employee Recognition – Years of Service PAP.5.7-Error! Bookmark not defined.
PAP.5.7.010 Available Benefits
(a) The following is a brief list of benefits available to eligible employees;
(1) Group Health Insurance/COBRA
(2) Holiday
(3) Personal Time Off (PTO)
(4) Additional Paid Leave
(5) Unpaid Leave
(6) Family and Medical Leave
(7) Life Insurance, Disability Insurance and Retirement Plan
(8) Employee Assistance Program
(9) Christmas Bonus
(10) Employee Recognition – Years of Service
PAP.5.7-
(b) The LCO-CHC reserves the right, at its sole and absolute discretion, to rescind or
amend benefits, to change insurance carriers, or to require employees to contribute
towards premium costs. The LCO-CHC may make these changes at any time, except as
provided by law. The Human Resource Director or Benefits Administrator, or their designee,
will notify employees of changes. While the LCO-CHC intends to continue offering sponsored
benefits, there is no guarantee that such benefits will always be available.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.010 was formerly codified as XIV LCOTCL §5.701
PAP.5.7.020 Eligibility
The following employee classifications and eligibility for Fringe Benefits are as follows;
(a) Full Time Employee. Full time Employees, as defined in Section PAP.5.2.010(f) of this
manual, are eligible for all Fringe Benefits after satisfactorily completing their probationary
period, unless otherwise provided for in an Employment Contract with the LCO-CHC or
mandated by law.
(b) Part Time Employee. Part Time Employees, as defined in Section PAP.5.2.010(o) of
this manual, are not eligible for any fringe benefits offered by the LCO-CHC, unless
otherwise provided for in an Employment Contract with the LCO-CHC or mandated by law.
Employees who work 16 hours a week are eligible for the FEHB insurance.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.020 was formerly codified as XIV LCOTCL §5.702
PAP.5.7.030 Group Health Insurance / Cobra
(a) Group Health Insurance is through the Federal Employee Health Benefits; FEHB. An
eligible employee may select an insurance provider that best meets their individual needs
through FEHB. FEHB is offered for both single, single plus one, and family coverage.
Employees considered to be full time status will be required to pay 21%, or as amended
from time to time by official action of the Tribal Governing Board, of the premium for the
plan selected, unless otherwise provided for in an Employment Contract with the LCO-CHC.
Employee's portion of payment will be made through payroll deductions done weekly.
(b) Employees who are covered by the group health plan may have the right to choose
continuation of health coverage if coverage is lost due to a reduction in hours of
employment or termination of employment. Continuation coverage is provided pursuant to
the Consolidated Omnibus Budget Reconciliation Act of 1985, and later amendments,
PAP.5.7-
otherwise known as "COBRA". Employees should contact the Human Resource Director for
additional information regarding qualifying events or other requirements of COBRA.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.030 was formerly codified as XIV LCOTCL §5.703
PAP.5.7.040 Holiday Leave
The LCO-CHC grants eligible employees paid holiday leave. The Health Director will
approve the holiday schedule at least one (1) month prior to the beginning of a new
calendar year. Eligible employees will receive the following paid holidays:
(a) New Year's Eve Day and New Year's Day (2 Days);
(b) Martin Luther King Jr. Day;
(c) Treaty Day;
(d) President's Day;
(e) Good Friday;
(f) Easter Monday;
(g) American Indian Day;
(h) Memorial Day;
(i) Independence Day;
(j) Honor the Earth Powwow (Friday prior to or the Monday after);
(k) Labor Day;
(l) Indigenous Day;
(m) Veterans Day;
(n) Thanksgiving (2 Days);
(o) Christmas Eve Day (1 day);
(p) Christmas Day (2 Days);
PAP.5.7-
(q) Other official holidays as established by the Tribal Governing Board.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.040 was formerly codified as XIV LCOTCL §5.704
PAP.5.7.050 Personal Time off
(a) Employees will accrue paid Personal Time Off (PTO) at the following rates:
(1) If employed up to three (0 to 3) years, 16 hours per month for a total of 192
hours per year.
(2) If employed three years to ten years (3 to 10), 20 hours per month for a total of
240 hours per year.
(3) If employed more than ten (10+) years, 24 hours per month for a total of 288
hours per year.
(4) Employees who work 32-39 hours per week shall receive a prorated annual leave
at 75% of the above.
(b) In no circumstance will employees accrue any amounts over the maximum
designated accumulations stated above. If an employee is on any leave without pay the
employee will not accrue any PTO until the employee returns to a full time status. An
employee who quits his or her employment without providing at least a two (2) week notice
will forfeit any accrued PTO unless otherwise approved by his or her department head or
director in collaboration with the Health Director.
(c) For purposes of calculating length of service it will be the responsibility of the
employee to provide the Human Resources Director with a statement from other Lac Courte
Oreilles Tribally controlled entities stating the start and end dates. The length of service will
only be calculated utilizing the certifiable time for an employee that left a position in good
standing (i.e. not termination).
(d) Prior to the utilization of accrued PTO, Employees must schedule and have the use of
accrued PTO time approved so it will not interfere with job responsibilities, except as
otherwise provided by law. If an employee is on PTO and there is early release or closure of
the employee's worksite, the employee shall be credited any such leave during the period of
early release or closure. If requesting more than three (3) days of PTO time employees shall
obtain prior authorization at least five (5) working days in advance of the leave date. The
department head or director may or may not approve such request depending on a variety
of factors, including project deadlines and schedules. In extreme emergency situations the
PAP.5.7-
Health Director, in consultation with the employees Supervisor, may waive the five (5) day
notification provision, if requested by the employee in writing citing the reason.
(e) To utilize PTO for unscheduled absences employees must notify the LCO-CHC and
their immediate supervisor prior to their designated start time. If an Employee is absent
from work for three (3) consecutive working days or longer, which is related to an illness or
other medical related issues, a licensed Health Professional excuse must be provided that
substantiates their absence.
(f) Probationary employees will not be able to use PTO during their 90 day probationary
period unless it is for extreme circumstances with approval of their department head or
director and concurrence of the Health Director.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.050 was formerly codified as XIV LCOTCL §5.705
PAP.5.7.060 Sharing of Personal Time Off
Employees are permitted to share PTO within the same Employer Tax ID. Under no
circumstances are probationary employees entitled to participate in the sharing of Personal
Time Off. Employees may cash-out PTO with Tribal Governing Board approval.
(Res. No. 2023-46 Section 3; Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.060 was formerly codified as XIV LCOTCL §5.706
PAP.5.7.070 Additional Paid Leave
The LCO-CHC grants employees additional paid leave in certain situations, including the
following:
(a) Civil Leave. The LCO-CHC grants eligible employees paid civil leave during the
required absence when any employee appears as a witness for the federal, state or Tribal
Government, in obedience to a subpoena. An employee must promptly notify his or her
department head or director upon receipt of any subpoena. If an employee receives any
stipend for such civil leave, he or she must use PTO during any work absence for such
service. No employee shall take both compensated time and stipend pay during the
required absence for civil leave.
(b) Jury Duty Leave. The LCO-CHC grants eligible employees paid leave during the
required absence for jury service. An employee must promptly notify his or her department
head or director upon receipt of any notice to appear. If an employee receives any stipend
for such jury duty leave, he or she must use PTO during any work absence for such service.
PAP.5.7-
No employee shall take both compensated time and stipend pay during the required
absence for jury service.
(c) Funeral Leave.
(1) All full-time employees will be given a five (5) day leave without loss of pay for
funeral services for immediate family. Immediate family includes the following:
(A) Husband, Wife, Son, Daughter, Mother, Father, Brother, Sister, Grandparent,
Grandchild, Niece, Nephew, Aunt and Uncle (including great-grandparents, in-laws,
and step-relationship, etc.), including a partner who has been in a relationship for a
period of time or in relationship under Ojibwe tradition and practices.
(2) Up to three (3) day leave for other persons will be given only if the full-time
employee is assisting the family during their immediate time of loss, subject to prior
approval of employee's supervisor.
(3) All other funeral leave will be limited to no more than one (1) day with pay to
attend the funeral services, subject to the notification and approval of employee's
immediate supervisor.
(d) Committee or Board Leave. The LCO-CHC grants eligible full-time employees paid
leave to serve on committees or boards of the Tribal Governing Board and may approve
leave to participate in other outside boards or committees. An employee must receive prior
approval from his or her department head or director prior to accepting an appointment or
volunteering to sit on any committee or board. An employee may receive any stipend for
such committee or board service, he or she shall not need to use PTO during any work
absence for such service. Attendance at any meetings related to such appointment must be
preapproved by the employees immediate Supervisor and such appointment/meetings shall
not interfere with an employee's work performance and duties.
(e) Maternity Leave. The LCO-CHC grants eligible full-time female employees up to eight
(8) weeks, a maximum of three hundred and twenty (320) hours paid leave, for time to
deliver and care for a newborn child. If an employee has medical problems prior to delivery,
she may utilize paid maternity leave, subject to the maximum limit, with written verification
from her doctor. An employee must request and obtain the prior approval of his or her
department head or director to utilize this leave. The paid leave under this section is
included in the maximum leave provided for in Section PAP.5.7.090 of this manual.
(f) Paternity Leave. The LCO-CHC grants eligible full-time employees up to two (2)
weeks, maximum of eighty (80) hours, paid leave to care for a newborn child. An employee
must request and obtain the prior approval of their department head or director to utilize
PAP.5.7-
this leave. The paid leave under this section is included in the maximum leave provided for
in Section PAP.5.7.090 of this manual.
(g) Parental Leave. The LCO-CHC grants eligible full-time employees up to two (2) weeks,
maximum of eighty (80) hours, paid leave for adoption, customary adoption, guardianship,
protective placement, or an emergency safety plan of a pre-school (0-5 years of age) child.
Leave may be granted prior to the legal proceedings having been completed. An employee
must request the leave as early as possible and obtain approval of his or her department
head or director to utilize the leave. The paid leave under this section is included in the
maximum leave provided for in Section PAP.5.7.090 of this manual.
(h) Military Leave. The LCO-CHC grants eligible full-time employees up to ten (10) days,
maximum of eighty (80) hours, paid leave upon presentment of official orders requiring
attendance for training or to perform other duties as a member of the United States Armed
Forces. An employee serving on military leave with pay will be paid only the difference
between compensation fees received for such duties and his or her normal salary. An
employee must notify his or her department head or director prior to such leave. The LCOCHC will look to the provisions of the Uniformed Services Employment and Reemployment
Rights Act (USERRA) 38 U.S.C. § 4301 et. seq. solely as a guideline in determining
reemployment of employees who take extended military leave.
(i) Voting Leave. The LCO-CHC will grant eligible employees two (2) hours paid leave to
exercise the right to vote subject to the voting verification requirements established by the
Tribal Governing Board. An employee must request and obtain the prior approval of his or
her department head or director to utilize this leave.
(j) Birthday Leave. The LCO-CHC will grant eligible employees eight (8) hours of paid
leave for the employee's birthday, provided the employee must take such leave within five
(5) calendar days, either before or after, the date of the birthday.
(k) In-House Medical Appointments. The LCO-CHC may grant employees paid release
time to attend medical appointments at the Lac Courte Oreilles Community Health Center.
(l) Education Leave. The LCO-CHC may grant employees paid release time to attend jobrelated or degree seeking courses. An employee must consult with his or her department
head or director prior to registering to ensure the course is acceptable and must request
and obtain the prior written approval of his or her Department head or Director with
concurrence from the Health Director to utilize this benefit. An employee must also have an
approved Professional Development Plan on file with the Human Resource office. An
employee must promptly provide his or her Department Head or Director and the Human
Resource Director, or designee, with written proof of course completion. A failure to
successfully complete a course may jeopardize an employee's ability to obtain approval of
subsequent paid release time hereunder. The LCO-CHC may pay the tuition, books and
PAP.5.7-
associated fees of an employee attending an accredited institution of higher learning. The
employee must be attending for the purpose of obtaining a degree or enrolling in courses in
a field of study that is related to their position of employment with the LCO-CHC. An
employee desiring to have the LCO-CHC pay these expenses must have an approved
Professional Development Plan on file which is approved by their immediate Supervisor and
agree to the terms and conditions of an Educational Expense Reimbursement Agreement
and is subject to program availability of funding pursuant to Section PAP.5.4.070 of this
manual.
(m) Conferences and Meetings. The LCO-CHC may grant employees time to attend jobrelated conferences and professional meetings. An employee must consult with his or her
Department Head or Director prior to registering to ensure the conference or professional
meeting is acceptable. An employee must request and obtain the prior written approval of
his or her Department Head or Director to utilize this benefit.
(Res. No. 2023-119; Res. No. 2023-11 Section 1; Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.070 was formerly codified as XIV LCOTCL §5.707
PAP.5.7.080 Unpaid Leave
(a) Disciplinary Leave. The LCO-CHC may take disciplinary action, up to and including
termination or suspension without pay, against employees who violate the provisions of this
personnel policy and procedural manual.
(b) 30-Day Leave of Absence. The LCO-CHC may grant eligible employees up to thirty
(30) days unpaid leave, without loss of employment status. The LCO-CHC may grant such
leave only when the resulting leave will not adversely affect the operations of the LCO-CHC.
An employee must request and obtain the prior written approval of his or her department
head or director with written concurrence from the Health Director to utilize this leave.
(c) Religious Leave. The LCO-CHC may grant eligible employees up to an additional
fifteen (15) days of unpaid religious leave. An employee must request and obtain the prior
approval of his or her department head or director to utilize this leave.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.080 was formerly codified as XIV LCOTCL §5.708
PAP.5.7.090 Family and Medical Leave
Employees may be eligible for up to twelve (12) weeks of family and medical leave
during any twelve (12) month period. The leave may be paid, unpaid, or a combination of
paid and unpaid, depending on the circumstances. This policy sets forth the LCO-CHC's
policies and procedures for requesting family and medical leave.
PAP.5.7-
(a) Eligibility for Leave. To be eligible for family and medical leave under this policy all of
the following conditions must be met:
(1) An employee must have been employed by the LCO-CHC for at least twelve (12)
months or fifty-two (52) weeks.
(2) An employee must have worked at least one thousand two hundred fifty (1250)
hours during the twelve (12) months immediately preceding the request for leave.
(b) Reasons for Requesting and Types of Leave. Employees who are eligible for leave
under this policy may request up to twelve (12) workweeks of unpaid leave during any
twelve (12) month period for the following reasons:
(1) To care for a child following the child's birth or placement for adoption or foster
care (this may be taken only within twelve (12) months of the birth or placement).
(2) To care for an immediate family member who has a serious health condition as
defined in Section PAP.5.2.010(s) of this manual.
(3) Because the employee has a serious health condition as defined in Section
PAP.5.2.010(s) of this manual, which prevents the employee from performing the
functions of the position.
(c) If an employee takes PTO for a condition that progresses into a serious health
condition and the employee requests unpaid leave as provided under this policy, the LCOCHC may designate all or some portion of related leave taken as leave under this policy, to
the extent that the earlier leave meets the necessary qualifications.
(d) If both parents work for the LCO-CHC, and each wishes to take leave for the birth of
a child, adoption or acceptance of a child in foster care, or to care for an immediate family
member with a serious health condition, the employees may only take a combined total of
twelve (12) weeks of unpaid leave.
(e) Employees can take up to twelve (12) weeks of leave under this policy during any
twelve (12) month period. The LCO-CHC will measure the twelve (12) month period as a
rolling twelve (12) month period measured backward from the date an employee uses any
leave under this policy. Each time an employee takes a leave, the LCO-CHC will compute the
amount of leave you have taken under this policy and subtract it from the twelve (12) weeks
of available leave, and the balance remaining is the amount an employee is entitled to take
at that time. An employee's family or medical leave taken may run concurrently with other
types of leave including workers' compensation and other leaves, such as short-term or
long-term disability, etc.
PAP.5.7-
(f) Intermittent or Reduced Work Schedule Leave. Leaves may be taken all at once or on
an intermittent or reduced work schedule basis. Intermittent or reduced work schedules
may be used only in the following circumstances:
(1) In situations where leave is requested due to the birth, adoption or acceptance
of a child in foster care, intermittent or reduced work schedules will be granted at the
LCO-CHC's sole discretion and if granted must be taken within one (1) year of the birth
or placement of the child.
(2) In situations where leave is requested in order to care for an immediate family
member who suffers from a serious health condition or because of an employee's own
serious health condition, intermittent or reduced work schedules will be granted only
when an employee can prove the leave is medically necessary.
(3) In situations where an intermittent or reduced work schedule is permitted, the
LCO-CHC may require an employee to transfer to an alternative position with equivalent
pay and benefits in order to accommodate the recurring periods of absence.
(g) Use of Paid and Unpaid Leave. Employees who have accrued PTO must use paid
leave first and take the remainder of the twelve (12) weeks as unpaid leave.
(1) Employees who take a leave because of their own serious health condition or the
serious health condition of a family member must use all accumulated PTO prior to
being eligible for unpaid leave.
(2) Employees who take leave for the birth of a child must use paid PTO for physical
recovery following childbirth, except where such leave is compensated as paid
maternity leave under this personnel policy and procedural manual or as paid shortterm or long-term disability leave. These employees must then use all paid PTO, and
then will be eligible for unpaid leave for the remainder of the twelve (12) weeks.
Employees who take leave for the adoption or acceptance of a child in foster care must
use all paid PTO prior to being eligible for unpaid leave.
(h) Procedure for Requesting Leave. In situations where leave is foreseeable, employees
must provide written notice to the department head or director at least thirty (30) days
prior to the date on which the leave is scheduled to begin. If the leave is foreseeable due to
a planned medical treatment, employees must make reasonable efforts to schedule the
treatment(s) to minimize disruptions to the LCO-CHC operations. If circumstances occur, in
which it is not practicable to provide thirty (30) days' notice, employees must provide
written notice as far in advance as is practicable. If an employee fails to provide thirty (30)
days advance written notice of a requested leave and have no reasonable excuse, the leave
may at the Health Director's discretion be delayed for up to thirty (30) days from the date of
written notice.
PAP.5.7-
(i) Medical Certification Requirement. When leave is requested because of a serious
health condition affecting an employee or his or her immediate family member, the LCOCHC requires the employee to obtain certification of the health condition from the pertinent
doctor or health care provider. This certification must be provided to the department head
or director within fifteen (15) days after the leave is requested or, when the need for leave
was unforeseeable, within fifteen (15) days after the leave has commenced unless it is not
practicable to do because of the nature of the health condition.
(1) If an employee seeking leave due to a serious health condition fails to provide
the required medical certification, the leave will be denied until the certification is
provided. If the leave request was not foreseeable, such as in a medical emergency, the
failure to provide the required medical certification within a reasonable time may result
in the denial of continuation of leave. Medical certification provided in justification of a
request for leave must include the following information:
(A) The date on which the serious health condition started and its expected
duration,
(B) The diagnosis concerning the condition,
(C) A brief description of the treatment prescribed for the condition,
(D) A statement of whether in-patient hospitalization is required, or
(E) A statement that the employee is needed to care for his or her immediate
family member afflicted with a serious health condition or, if the employee has the
serious health condition, a statement that he or she is unable due to the health
condition to perform the essential functions of the position or work of any kind.
(2) The LCO-CHC, if it doubts the certification, at its expense, may require an
employee seeking leave due to a serious medical condition to obtain a second opinion
from a doctor or other health care professional designated by the LCO-CHC. If the
second opinion conflicts with the certification provided by the employee, the LCO-CHC
may, at its sole discretion and at its expense, require a third opinion from a doctor or
other health care professional designated jointly by the LCO-CHC and the employee.
Such a third opinion will be final and binding.
(3) If an employee plans to take intermittent leave or work a reduced schedule, the
certification must also include dates and the duration of treatment and a statement of
medical necessity for taking intermittent leave or working a reduced schedule. During a
leave taken under this section, employees may be required to provide, periodically,
written notice to the Health Director concerning his or her status and intention to return
to work.
PAP.5.7-
(j) Return from Leave. Upon completion of leave due to an employee's own serious
health condition, the employee must provide the LCO-CHC with medical certification from
his or her doctor or other health care professional that the employee is now able to return
to work. If an employee fails to provide this certification, he or she will not be permitted to
return to work until such certification is provided. An employee who takes leave under this
policy will be able to return to the same job or a job with equivalent status, pay, benefits
and other employment terms. The LCO-CHC may choose to exempt certain highly
compensated employees from this requirement and not return them to the same or similar
position.
(k) Health Benefits during Leave.
(1) During a leave taken pursuant to this policy, an employee's health benefits under
any existing Tribal sponsored health plan will be continued as if the employee had
continued in employment continuously for the duration of the leave. If, however, an
employee fails to return at the end of a leave taken under this policy, except if this is
due to the continuation, recurrence or onset of a serious health condition or something
else beyond the employee's control, then the LCO-CHC may recover from the employee
all of the health care premiums paid to maintain health coverage during the leave.
(2) If under the LCO-CHC's current policy, an employee pays a portion of the health
care premium, while on paid leave, the LCO-CHC will continue to make payroll
deductions to collect the employee's share of the premium. While on unpaid leave, the
employee must continue to make this payment, either in person or by mail. The
payment must be received by the first day of each month. If the payment is more than
thirty (30) days late, the employee's health care coverage may be dropped for the
duration of the leave.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.090 was formerly codified as XIV LCOTCL §5.709
PAP.5.7.100 Life Insurance, Disability Insurance and Retirement Plan
If requested by the Employee, the LCO-CHC provides eligible employees Life and
Disability insurances along with a Retirement Plan. An Employee wanting these types of
benefits should consult with the LCO-CHC's Benefit's Administrator for further information.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.100 was formerly codified as XIV LCOTCL §5.710
PAP.5.7-
PAP.5.7.110 Employee Assistance Program
The Tribe recognizes that individual employees may develop personal problems which
could have negative effects on job performance. The Tribe offers an Employee Assistance
Program (EAP) for all employees, the purpose of which is to encourage the early diagnosis
and treatment of personal, psychological, and medical problems. Employees are encouraged
to contact the Human Resource Director, or designee, for information regarding the EAP.
Employees are responsible for submission of all documents and paperwork to pay the costs
incurred for services rendered in connection with the EAP. Employees may utilize their
health insurance plan as coverage is available; otherwise the service will be self-pay.
Employees may attend a scheduled EAP appointment with the LCO-CHC during work hours.
If the EAP appointment is at another facility the employee may use permitted paid or unpaid
leave for EAP absences. EAP appointments (that the employee is required to attend by the
Employer) will be coordinated with the employee's supervisor so customer service does not
get interrupted.
(a) Self-Referral. An employee may request assistance from their supervisor for
personal, psychological, or medical reasons at any time during their employment. Strict
confidentiality will be maintained throughout this process.
(1) Procedure: A department head or director shall provide the employee and the
Human Resource Director, or designee, with written notice using the LCOCHC – Behavior
Health Clinic intake form and a signed consent form to release and or share information
between departments of any referral. The Human Resource Director will set up the EAP
Process with the LCOCHC – Behavioral Health Director. The Behavioral Health Director
will report to the Human Resource Director on the status of the referral within five (5)
working days after receipt of the referral. Regardless of any EAP referral, employees
must maintain an acceptable level of job performance. Documentation of completion or
non-completion of the EAP will be on file in the employee's personnel file located in the
Human Resource Department.
(A) A leave of absence to attend inpatient treatment shall be granted to
employees requesting assistance through self-disclosure. The leave of absence may
not exceed 12 weeks pursuant to Section PAP.5.7.090 of this manual.
(B) Employees placed on a leave of absence from self-disclosure shall:
(i) Be allowed to return to the position, shift, and level of seniority that was
held by the employee prior to the leave being granted.
(ii) Be allowed to maintain tribally sponsored Health; Life and short-term
disability Insurance Benefits during the leave. The employee will be responsible
for their portion of insurance premiums.
PAP.5.7-
(iii) Be allowed to utilize any accrued Paid Time Off hours earned prior to
the leave.
(iv) Any accrual of Paid Time Off hours shall be in accordance with the
Tribe's policies on family and medical leave pursuant to Section PAP.5.7.090 of
this manual.
(C) An employee returning to duty following a leave of absence from selfdisclosure will be required to undergo testing for illegal drugs and prescribed
medication for which they do not have a valid prescription as a condition of
returning to work. If the applicant is suspected to be under the influence of alcohol
at the time of return to drug screen, a PBT may be requested. Employees who
refuse to take a test is thereby insubordinate will be considered to have produced a
positive test result and shall be terminated. Upon receipt of a positive test result as
defined in Section PAP.5.2.010(p), the employee shall be subject to disciplinary
action, up to and including termination pursuant to Section PAP.5.8.080(f) of this
manual and the positive test sample will be sent for a confirmation test result
pursuant to Section PAP.5.8.080(a) of this manual.
(D) Utilization of this self-disclosure provision does not negate any disciplinary
action for which an employee is subject to pursuant to Section PAP.5.8.080(f) of this
manual, or any other tribal law or policy.
(b) Employer Referral. An employee's department head or director shall refer an
employee to the Human Resource Director, or designee, when an employee's conduct
mandates as such.
(1) Procedure: A department head or director shall provide the employee and the
Human Resource Director, or designee, with written notice using the LCOCHC – Behavior
Health Clinic intake form and a signed consent form to release and or share information
between departments of any referral. The Human Resource Director will set up the EAP
Process with the LCOCHC – Behavioral Health Director. The Behavioral Health Director
will report to the Human Resource Director on the status of the referral within five (5)
working days after receipt of the referral. Employees shall comply with the referral to
the EAP and follow subsequent recommendations for referral and treatment. Failure to
show-up for required scheduled EAP appointment will result in further disciplinary
action up to and including termination of employment. Regardless of any EAP referral,
employees must maintain an acceptable level of job performance. Documentation of
completion or non-completion of the EAP will be on file in the employee's personnel file
located in the Human Resource Department.
(A) A leave of absence to attend inpatient treatment shall be granted to
employees when required by an approved LCOCHC- Behavioral Health EAP
PAP.5.7-
treatment plan. The leave of absence may not exceed 12 weeks pursuant to Section
PAP.5.7.090 of this manual.
(B) Employees placed on a leave of absence when required by an approved
LCOCHC- Behavioral Health EAP treatment plan shall:
(i) Be allowed to return to the position, shift, and level of seniority that was
held by the employee prior to the leave being granted.
(ii) Be allowed to maintain tribally sponsored Health; Life and short-term
disability Insurance Benefits during the leave. The employee will be responsible
for their portion of insurance premiums.
(iii) Be allowed to utilize any accrued Paid Time Off hours earned prior to
the leave.
(iv) Any accrual of Paid Time Off hours shall be in accordance with the
Tribe's policies on family and medical leave pursuant to Section PAP.5.7.090 of
this manual.
(C) An employee returning to duty following a leave of absence from a referral
of the employer will be required to undergo testing for illegal drugs and prescribed
medication for which they do not have a valid prescription as a condition of
returning to work. If the applicant is suspected to be under the influence of alcohol
at the time of return to drug screen, a PBT may be requested. Employees who
refuse to take a test is thereby insubordinate will be considered to have produced a
positive test result and shall be terminated. Upon receipt of a positive test result as
defined in Section PAP.5.2.010(p), the employee shall be subject to disciplinary
action, up to and including termination pursuant to § 5. 808 (6) of this manual and
the positive test sample will be sent for a confirmation test result pursuant to
Section PAP.5.8.080(a) of this manual.
(D) Participation in an approved LCOCHC – Behavioral Health EAP treatment
plan does not negate any disciplinary action for which an employee is subject to
pursuant to Section PAP.5.8.080(f) of this manual, or any other tribal law or policy.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.110 was formerly codified as XIV LCOTCL §5.711
PAP.5.7-
PAP.5.7.120 Christmas Bonus
Christmas bonuses may be paid to employees as determined by the Health Director,
which will be subject to any funding or other limitations.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.120 was formerly codified as XIV LCOTCL §5.712
PAP.5.7.130 Employee Recognition – Years of Service
The provisions of this section shall commence on the date of the endorsement of this
Manual and upon an employee reaching the next available milestone as follows:
(a) Employees that have worked for the LCO-CHC for fifteen (15) years shall receive a
gift equal to one week's pay.
(b) Employees that have worked for the LCO-CHC for twenty (20) years shall receive a
gift equal to two week's pay.
(c) Employees that have worked for the LCO-CHC for twenty five (25) years shall receive
a gift equal to two week's pay, a gift and plaque.
(d) Upon retirement (25 years or more), an employee shall receive one hundred dollars
for each year of service to the LCO-CHC.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.7.130 was formerly codified as XIV LCOTCL §5.713
PAP.5.7-
Subchapter PAP.5.8
Conduct
Subchapter PAP.5.8
Conduct
PAP.5.8.010 General Statement of Conduct ................ PAP.5.8-Error! Bookmark not defined.
PAP.5.8.020 Conflict of Interest .................................. PAP.5.8-Error! Bookmark not defined.
PAP.5.8.030 Outside Employment .............................. PAP.5.8-Error! Bookmark not defined.
PAP.5.8.040 Political Activity....................................... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.050 Harassment............................................. PAP.5.8-Error! Bookmark not defined.
PAP.5.8.060 Alcohol and Drugs ................................... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.070 Drug Free Workplace Act Compliance ..... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.080 Drug and Alcohol Testing Procedures ...... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.090 Inspection and Search ............................. PAP.5.8-Error! Bookmark not defined.
PAP.5.8.100 Confidentiality ........................................ PAP.5.8-Error! Bookmark not defined.
PAP.5.8.110 Media Inquiries ....................................... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.120 Security Measures / Limited Access Control Areas. PAP.5.8-Error! Bookmark not
defined.
PAP.5.8.130 Dress and Appearance ............................ PAP.5.8-Error! Bookmark not defined.
PAP.5.8.140 Smoking .................................................. PAP.5.8-Error! Bookmark not defined.
PAP.5.8.150 Internet and Telephones ......................... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.160 Solicitation and Distribution .................... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.170 Workplace Violence ................................ PAP.5.8-Error! Bookmark not defined.
PAP.5.8.180 Off-Duty Misconduct ............................... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.190 Children in the Workplace ....................... PAP.5.8-Error! Bookmark not defined.
PAP.5.8.200 Policy Regarding Use of Social Media by Employees .....PAP.5.8-Error! Bookmark
not defined.
PAP.5.8.010 General Statement of Conduct
All Employees must conduct themselves in a manner, which is kind, courteous, ethical
and respectful to all members of the public, including fellow employees. In all instances,
employees must exercise good judgment and conduct themselves with the highest degree
of professionalism. A failure to follow any conduct policies or other provisions of this
personnel policy and procedure manual may result in disciplinary action, up to and including
termination.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.010 was formerly codified as XIV LCOTCL §5.801
PAP.5.8-
PAP.5.8.020 Conflict of Interest
Employees are not permitted to engage in nepotism, favoritism, and any outside
business transactions, or other activities, which are detrimental to the best interests of the
LCO-CHC. This includes activities that, directly or indirectly, divert business opportunities
from the LCO-CHC or confer an unfair advantage upon or benefit to a family member. It also
includes activities that negatively reflect upon the LCO-CHC's image or are contrary to the
mission of the LCO-CHC, except for activities specifically protected by law. The LCO-CHC
respects the right of employees to engage in activities outside their employment that are of
a private nature and unrelated to their job or the LCO-CHC. However, employees must fully
disclose to their department head or director or the Human Resource Director, or designee,
all business and personal activities that represent such a conflict of interest with the LCOCHC. If an employee is unsure whether a conflict of interest exists, the employee is
encouraged to seek the advice of the Human Resource Director, or designee.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.020 was formerly codified as XIV LCOTCL §5.802
PAP.5.8.030 Outside Employment
Employees may not accept simultaneous employment with another tribal agency or
another employer without the express permission of the Health Director. Permission may be
denied if the other employer is a competitor or supplier of the LCO-CHC. The request may
be denied with employment of another tribal agency if the total hours worked in a given
week violates tribal policy or interferes with the work expectations of the LCO-CHC. The
LCO-CHC considers all full time employees' work with the LCO-CHC to be their primary
employment responsibility. As such, outside employment will not be considered an excuse
for poor performance, absenteeism, tardiness or refusal/inability to work overtime.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.030 was formerly codified as XIV LCOTCL §5.803
PAP.5.8.040 Political Activity
Employees shall not directly or indirectly use their authority, influence or political
aspirations to compel individuals to participate or not participate in Tribal political activity
and/or election processes. Campaign buttons, posters, or apparel related to tribal political
activity is prohibited at the workplace, and distributing literature, emailing, and circulating
petitions related thereto during work time or in work areas is strictly prohibited. In addition,
PAP.5.8-
employees shall not use Tribal property and services to influence individuals to participate
or not participate in the Tribal election process.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.040 was formerly codified as XIV LCOTCL §5.804
PAP.5.8.050 Harassment
(a) The LCO-CHC has a "zero-tolerance" policy with respect to employee harassment.
Any form of unlawful employee harassment based on race, color, religion, sex, national
(including Tribal) origin, age, disability or status in any protected group is prohibited. The
LCO-CHC will not tolerate interference with the ability of employees to perform their
expected job duties. Harassment of employees, patients, or members of the public by
employees will result in disciplinary action, up to and including termination.
(1) Sexual Harassment. Sexual harassment includes unwelcome sexual advances,
requests for sexual favors, and other verbal, visual or physical conduct of a sexual
nature. No supervisor, manager or any other employee shall threaten or insinuate,
either explicitly or implicitly that another employee's refusal to submit to sexual
advances will adversely affect that person's employment, wages, advancement,
assigned duties, or any other condition of employment or career development.
Similarly, no supervisor, manager or employee shall promise, imply or grant any
preferential treatment in connection with another employee engaging in sexual
conduct.
(A) Sexual harassment also includes unwelcome sexual flirtations, advances or
propositions, verbal abuse of a sexual nature, subtle pressure or requests for sexual
activities, unnecessary touching of an individual, graphic or verbal commentaries
about an individual's body, sexually degrading words used to describe an individual,
a display in the workplace of sexually suggestive objects or pictures, sexually explicit
or offensive jokes, or physical assault.
(2) Racial and National (including Tribal) Origin Harassment. Racial and national
origin harassment is verbal or physical conduct that denigrates, belittles or shows
hostility or aversion towards an individual because of his or her race or national
(including tribal) origin and has the purpose or effect of creating an intimidating, hostile,
or offensive working environment, or has the purpose or effect of unreasonably
interfering with an individual's work performance or otherwise adversely affects an
individual's employment opportunities. This includes, but is not limited to, epithets,
slurs, intimidating or hostile acts that relate to race, or national (including tribal) origin,
written or graphic material that denigrates, belittles or shows hostility or aversion
toward an individual because of his or her race, or national (including tribal) origin and
PAP.5.8-
that is placed on walls, bulletin boards or elsewhere on our premises or circulated in
facilities.
(3) General. Harassment under this policy may also include words or conduct
committed by customers or suppliers of the LCO-CHC. In the event that any harassing or
offensive language or conduct occurs, employees must report it to the Human Resource
Director, or designee, immediately so the matter can be addressed promptly.
(4) Enforcement. Each member of Management is responsible for creating an
atmosphere free of harassment, sexual, racial or otherwise. Further, employees are
responsible for respecting the rights of their coworkers.
(b) If an employee experiences any job-related harassment based on sex, race, national
(including tribal) origin, disability, or another factor, or believes that he or she has been
treated in an unlawful, discriminatory manner, the employee must promptly report the
incident to his or her department head or director or Human Resource Director, or designee,
who will investigate the matter and take appropriate action. All employee complaints will be
kept confidential to the maximum extent possible.
(c) The LCO-CHC prohibits any form of retaliation against any employee for filing a bona
fide complaint under this policy or for assisting in a complaint investigation. However, if,
after investigating any complaint of harassment or unlawful discrimination, the LCO-CHC
determines that the complaint is not bona fide and was not made in good faith or that an
employee has provided false information regarding the complaint, disciplinary action may
be taken against the individual who filed the complaint.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.050 was formerly codified as XIV LCOTCL §5.805
PAP.5.8.060 Alcohol and Drugs
(a) All employees of the Tribe are subject to the drug testing procedures as provided in
Section PAP.5.8.080 of this manual.
(b) Employees are expected to come to work with a clear mind, unimpaired by drugs or
alcohol. No employee under the influence of alcohol, illegal drugs or controlled substances
as established in Section PAP.5.2.010(x) shall be permitted to come to or remain at work.
(c) Employees, while on the Tribe's property or on duty, shall not be under the influence
of alcohol or illegal drugs; possess or consume alcoholic beverages; possess or consume
prescription drugs in the absence of a valid prescription; or use, sell, possess, transfer or
purchase illegal drugs or controlled substances. Prescription drugs shall be used only in the
manner, combination, and quantity prescribed by a licensed medical practitioner while on
PAP.5.8-
the Tribe's property or while on duty. As a condition of continued employment with the
Tribe, all employees must notify the Tribe of any criminal drug statute conviction or charges
against them no later than five (5) days after receiving such conviction or charges.
(d) Drug means any substance other than alcohol capable of altering an individual's
mood, perception, pain level or judgment. A prescribed drug is any substance prescribed for
individual consumption by a licensed medical practitioner. An illegal drug is any drug or
controlled substance, the sale or consumption of which is illegal.
(e) The legal use of controlled substances prescribed by a licensed medical provider is
not prohibited, but all employees are required to make such use known to the appropriate
supervisor within five (5) days they are prescribed the controlled substance. Failure to make
the legal use of a controlled substance as prescribed by a licensed medical provider to the
appropriate supervisor shall result in disciplinary action up to and including termination.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.060 was formerly codified as XIV LCOTCL §5.806
PAP.5.8.070 Drug Free Workplace Act Compliance
(a) The Tribe hereby establishes a policy providing for a drug-free workplace as required
by the Drug Free Workplace Act of 1988, 41 U.S.C. 701 et. seq. As such, as required by the
Act, the Tribe hereby publishes a statement notifying employees that the Tribe prohibits the
unlawful manufacture, illegal distribution, dispensation, possession or use of a controlled
substance in the workplace. All employees who violate this policy shall be subject to
disciplinary action, up to and including termination. As a condition of continued
employment with the Tribe, all employees must notify the Tribe of any criminal drug statute
conviction or charges no later than five (5) days after receiving such conviction or charges.
(b) General Provisions.
(1) Consent. No alcohol test may be administered, urine sample obtained, or any
drug test conducted without the consent of the person being tested. An employee gives
consent to participate in any and all forms of testing as a condition of continued
employment with the Tribe.
(2) Record Keeping. It is essential that all necessary documentation from each form
of testing is maintained in the Human Resources Department in applicable employee
files for no less than 5 years. Employee violations will never expire.
(3) Notice of Conviction or Charges.
PAP.5.8-
(A) An employee will be responsible for notifying his/her immediate supervisors
in writing within five (5) day of any criminal drug statute conviction or charges for
violation. The employee's department head or director shall notify the Human
Resource Director who will notify the Office of the Attorney General.
(B) As required by law, the Office of the Attorney General will be responsible for
notifying the applicable funding agency of the employee's department within ten
days after receiving notice from the human resource director, or designee of an
employee's criminal drug statute conviction or charges occurring in the workplace
or while on duty.
(4) Illegal Distribution or Illegal Dispensing of Controlled Substance on Tribal
property. Any employee who manufactures, illegally distributes, or illegally dispenses a
controlled substance on Tribal property or while on duty will be terminated. Such
termination shall not be subject to appeal.
(c) Rehabilitation and Rehiring. Any employee who has been dismissed for violation of
the Tribe's Drug-Free Workplace Policy may be eligible for re-employment after 90-days
with the Tribe upon proof of rehabilitation provided by an accredited treatment facility that
the person has been to treatment or has successfully completed appropriate treatment and
is in recovery.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.070 was formerly codified as XIV LCOTCL §5.807
PAP.5.8.080 Drug and Alcohol Testing Procedures
All employees and applicants for employment are subject to drug and alcohol testing,
including reasonable suspicion, pre-employment, and return-to-duty. Drug tests require
laboratory testing as provided by the Mandatory guidelines for Federal Workplace Drug
Testing Programs pursuant to 94 FR 28101, May 15, 2015 as amended, as minimum
standards for the following classes of drug and correlative cutoff concentrations: Cocaine;
Opiates including opium and codeine derivatives such as Oxycodone, Oxymorphone,
Hydrocodone, Hydromorphone; Amphetamines and Methamphetamines including
Methylenedioxyamphetamine (MDA) and Methylenedioxyethylamphetamine (MDEA);
Phencyclidine (PCP). Nothing precludes the Human Resource Director, or designee, in
testing for substances which are not included on this list, should the Health Director, or
designee, determine it is in the best interests of the Tribe to include substances which are
not listed above to ensure a drug free workplace. Employees are encouraged to contact the
Human Resource Director, or designee, with any questions regarding drug and alcohol
testing. Failure or refusal to participate in an employer-directed drug test is considered
insubordination and the employee will be terminated for insubordination.
PAP.5.8-
(a) General Drug and Alcohol Testing Procedures. In cases where an employee is
required to undergo testing for the presence of alcohol or drugs including reasonable
suspicion, pre-employment, and return-to-duty the following procedures shall apply:
(1) LCO-CHC using a licensed laboratory of the LCO-CHC choice that conducts
substance abuse testing that is deemed appropriate by the Tribal Governing Board for
business purposes; i.e., screening and confirmatory testing, will take a sufficient sample
to assure that confirmation testing can occur in the event of an initial positive test
result. The initial cost for this testing will be incurred by the Tribe.
(2) The laboratory evaluation of the samples will be carried out by a laboratory that
is contracted with the LCO-CHC and is certified by either the College of American
Pathologists or the National Institute on Drug Abuse.
(3) In the event of a positive test result, a confirmation test will be performed by a
laboratory specified in Section PAP.5.8.080(a)(2) above, using the original sample (not a
new sample). The confirmation test will be based on a different analytical method of
higher analytical certainty.
(4) The employee within two (2) working days of the results must request any
further confirmation testing (using the original sample) by a laboratory specified in subs.
1(a) above, in writing. Costs of confirmation testing incurred will be paid by the
employee.
(5) The results of any drug or alcohol tests shall be kept confidential, except
information shall be shared between departments as deemed necessary. All policies
regarding employee personnel records shall be strictly adhered to and followed in
accordance with the provisions of this Manual.
(6) A portable breath test (PBT) conducted by a Class 1 PBT Certified person of the
LCO-CHC choice that is deemed appropriate by the Tribal Governing Board for business
purposes shall be utilized for alcohol testing.
(b) Pre-Employment Testing Procedures.
(1) An applicant for employment will be required to undergo testing for illegal drugs
and prescribed medication for which they do not have a valid prescription as a condition
of employment. If the applicant is suspected to be under the influence of alcohol at the
time of their pre-employment drug screen, a PBT may be requested.
(2) Applicants who test positive for alcohol, illegal drugs, and/or prescribed
medication for which they do not have a valid prescription, shall be denied employment.
PAP.5.8-
(3) An applicant who initially declines a drug test will be denied employment and
not eligible for employment for 90 days.
(c) Probable Cause Testing Procedures.
(1) Upon a finding by an employee's department head or director that there is
probable cause that the employee is either under the influence of alcohol (under the
influence shall mean a blood alcohol concentration of 0.02 grams of alcohol per 100
milliliters of a person's blood or while the person has 0.02 grams of alcohol per 210
liters of a person's breath) or drug abuse that is impairing the employee's ability to carry
out job-related activities, the employee shall be required to be tested for the presence
of drugs or alcohol pursuant to Section PAP.5.8.080(c)(3), below. A finding of probable
cause and directive requiring the employee to submit to testing for drugs or alcohol
must be in writing signed by the employee's department head or director. The probable
cause finding must be supported by evidence of specific, personal observations
concerning job performance, appearance, behavior, speech, or bodily odors of the
employee. If hearsay information is received, such information must be corroborated by
personal observations, or observations and evaluation by the Executive Director, or
designee.
(2) Once an employee's department head or director has determined that probable
cause pursuant to Section PAP.5.8.080(c)(1), above exists, the employee's department
head or director shall immediately contact the Human Resource Director, or designee
and convey that one of his or her employees is under the influence of alcohol or a
controlled substance and that such influence is impairing that employee's ability to carry
out his or her job related duties.
(3) Upon receiving contact from an employee's department head or director, the
Human Resource Director, or designee shall have the employee drug tested and if
alcohol related have the employee submit to a portable breath test (PBT) conducted by
a Class 1 PBT Certified person as specified in Section PAP.5.8.080(a)(6), above. If the
employee refuses to take a test (including but not limited to a drug test, drug urine test,
or PBT test) after being required to do so, the employee is thereby insubordinate and
considered to be in violation of the Drug Testing Policy and shall be terminated.
(4) Upon receipt of a positive test result, the employee shall be immediately
relieved of their duty station and will be subject to disciplinary action, Section
PAP.5.8.080(f) below, and the positive test sample will be sent for a confirmation test
result pursuant to Section PAP.5.8.080(a) above. In all cases, an employee may face
legal consequences for his/her actions. Upon receipt of a positive confirmation test
result pursuant to Section PAP.5.8.080(a) above, the employee shall be referred by the
Human Resource Director, or designee to participate in the Employee Assistance
Program pursuant to Section PAP.5.7.110(a) of this manual. Failure to comply and
PAP.5.8-
successfully complete an approved LCOCHC- Behavioral Health EAP treatment plan
within the timeframe established in the treatment plan will result in termination.
(d) [Open.]
(e) Return to Duty Procedures. An employee returning to duty following a chemical
dependency related leave of absence must receive a release by a licensed physician stating
that the reasons for the employee being placed on leave have been resolved.
(f) Discipline for Drug Testing Violation. In all cases, an employee may face legal
consequences for his/her actions.
(1) Any employee who uses (or is under the influence of) alcohol and/or drugs,
possesses alcohol and/or drugs or intoxicants on Tribal property or while on duty will be
subject to disciplinary action, up to and including termination as follows:
(A) First Offense: The employee will be informed of a first offense in writing and
will be suspended three (3) days without pay.
(B) Second Offense: If a second offense occurs, the employee will be suspended
five (5) days without pay. During the suspension, the employee must have a
conference with the LCO-CHC's alcohol and drug counselor and undergo an
assessment. If it is determined that the violation reflects a drug or alcohol abuse
problem that is affecting the employee's job performance, then a plan of action will
be developed by a licensed counselor and the employee. The licensed counselor will
put the plan in writing and the plan will be approved for employment purposes by
the employee's department head or director with final approval by the executive
director. Failure to comply and successfully complete any approved LCO-CHC
Behavioral Health EAP treatment plan will result in termination. Such termination
shall not be subject to appeal.
(C) Third Offense: If a third offense occurs, the employee shall be terminated.
Such termination shall not be subject to appeal.
(2) Any employee who refuses to take a test as established in Section PAP.5.8.080(a)
will be considered insubordinate and will be terminated for insubordination. Such
termination shall not be subject to appeal.
(3) Rehabilitation and Rehiring. Any employee who has been dismissed for violation
of the Tribe's Drug Testing Policy may be eligible for re-employment after 90-days with
the Tribe upon proof of rehabilitation provided by an accredited treatment facility that
PAP.5.8-
the person has been to treatment or has successfully completed appropriate treatment
and is in recovery.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.080 was formerly codified as XIV LCOTCL §5.808
PAP.5.8.090 Inspection and Search
(a) The LCO-CHC has the authority to inspect or search the entire work-place, including,
but not limited to any office or desk when there are reasonable grounds for suspecting that
the search will turn-up evidence that an employee violated any provision of this manual or
otherwise engaged in work-related misconduct.
(b) The LCO-CHC has the authority to inspect or search, when the inspection or search is
necessary for non-investigatory work-related purpose, including locating and retrieving any
information from a location within the work place.
(c) The LCO-CHC has the authority to inspect or search any employee's personal
possessions located within the work place when there are reasonable grounds for
suspecting that the search will turn-up evidence that the employee violated any provision of
this manual or otherwise engaged in work-related misconduct.
(d) If an employee is found to be in possession of any item or substance prohibited by
this manual or fail to comply with any inspection or search conducted in accordance with
this manual, the employee will be subject to appropriate disciplinary action, up to and
including termination. Any illegal substances that are found, in the course of an inspection
or search, will be turned over to law enforcement.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.090 was formerly codified as XIV LCOTCL §5.809
PAP.5.8.100 Confidentiality
(a) In the course of performing duties for the LCO-CHC, employees may obtain or
become aware of confidential information, such as personnel, financial and legal
information of the LCO-CHC, its programs, operations, enterprises and employees, including
but not limited to information encompassed in any reports, investigations, research or
development work, mailing lists, bid lists, directories, listings, plans, specifications,
proposals, marketing plans, financial projections, cost sheets, bid estimates, bid
spreadsheets, vendor or subcontractor quotes, financial data and any and all concepts or
ideas, materials or information related to the business, products, or services of the LCO-CHC
or its customers and vendors ("Confidential Information").
PAP.5.8-
(b) Employees must hold all Confidential Information in strict confidence and shall not
directly or indirectly disclose Confidential Information or permit the release thereof to any
outside person or entity except as necessary to perform employment duties or as otherwise
required by law. If any question arises about whether information must be treated as
confidential, employees must treat such information as confidential until confirmed
otherwise by their department head or director, in consultation with the Office of the
Attorney General.
(c) Employees also must not use or release, directly or indirectly, any proprietary
information or trade secrets of the LCO-CHC without prior authorization from their
department head or director, in consultation with the Office of the Attorney General. Trade
secrets include any formula, pattern or devise of compilation of information which is used in
the LCO-CHC's business or operations.
(1) Confidential Patient Information is subject to the Health Information Privacy and
Portability Act (HIPAA) and consists of personal or household income, health, academic
records, paternity, arrest records and court proceedings, except to the extent that such
information is necessary to determine the client's eligibility for tribal services.
(2) Employee Information of a personal nature should also be maintained as
confidential and includes personal or household income, health, academic records,
previous criminal history, disciplinary actions and performance evaluations, except to
the extent such information is necessary to determine and employee's or applicant's
suitability for LCO- CHC employment.
(3) LCO-CHC Mailing Lists should be kept confidential, except to the extent such
information is necessary for conducting LCO-CHC business. Violation of Federal
confidentiality laws and approved LCO-CHC policies concerning confidentiality may be
cause for disciplinary action up to including dismissal.
(d) Violations of confidentiality, including the disclosure of confidential information
(verbal, written or documents) as defined under this section shall be subject to discipline, up
to and including termination. The LCO-CHC reserves the right to prosecute any violations to
fullest extent allowed under tribal, state or federal law.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.100 was formerly codified as XIV LCOTCL §5.810
PAP.5.8.110 Media Inquiries
The LCO-CHC generates public interest and persons often seek newsworthy information.
Therefore, it is our policy to allow only authorized representatives to make contact with or
provide information or comments to reporters and news agencies regarding the LCO-CHC.
PAP.5.8-
Any employee who is contacted by a reporter regarding the LCO-CHC must inform his or her
Department Head or Director of the request for information. Prior written authorization by
the Tribal Governing Board Chairman or his/her designee is required prior to any media
release of information.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.110 was formerly codified as XIV LCOTCL §5.811
PAP.5.8.120 Security Measures / Limited Access Control Areas
(a) Maintaining security and limiting access to certain areas of the LCO-CHC's facilities is
important to the continued success and is required by law in some instances. Employees
shall not permit unauthorized persons, which may include Tribal employees, to enter secure
and limited access controlled areas or to access confidential or protected information.
(b) LCO-CHC Employees must possess a visible employee badge at all times in the
facility. Visitors and vendors are also required to possess visible visitor badges at all times in
the facility.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.120 was formerly codified as XIV LCOTCL §5.812
PAP.5.8.130 Dress and Appearance
The LCO-CHC is an ambulatory health care facility with multiple departments tasked
with serving the health care need of the Native American population of the LCO-CHC. The
LCO-CHC is committed to presenting a professional, neat and clean image for our patients,
their families and other visitors. As staff members, we represent the LCO-CHC to everyone
who enters. We can contribute to the center's image by taking pride in our own appearance.
(a) Purpose. The purpose of the LCO-CHC's Dress Code Policy is to ensure that all
employees present a professional appearance to patients and visitors, and to promote
greater professionalism and safety in the workplace. Outlined below are general guidelines
and basic expectations for appearance that all employees are required to follow.
(b) Policy.
(1) Employees are expected to represent themselves, and the LCO-CHC, in a
professional manner, which includes appropriate clothing, grooming and hygiene habits.
Thus all staff members are expected to dress in professional or business casual attire. In
general, business casual means dressing professionally, looking relaxed yet neat and
pulled together and no visible hickeys and facial piercings. Scrub uniforms and closed
shoes for medical staff, business casual for all other staff (example would be khakis,
PAP.5.8-
dress pants, nice sweater, blouses, but absolutely no obscene or graphic shirts, shorts,
or flip-flops). Blue jeans without rips will be permitted only on casual Fridays or by
Maintenance staff. Sports Jerseys/shirts are allowed on Fridays or designated game day.
(2) Failure to maintain a professional appearance may be cause for disciplinary
action. Supervisors will have the authority and responsibility to enforce this policy, and
subsequent action required. This policy is applicable on all shifts, seven days a week.
Departments may establish more specific guidelines consistent with this policy.
Variances to this policy may be implemented by specific departments at the discretion
of the departmental supervisor and approval by the Health Director as needed to ensure
the safety of their staff, and will be implemented in conjunction with PPE (Personnel
Protective Equipment) related requirements, as required by relevant OSHA and
infection control standards, and as specified in individual departmental manuals
requiring specific PPE equipment.
(3) Administration recognizes that there may be occasions when the nature of an
employee's responsibilities requires him/her to wear dress attire that is prohibited by
this policy (e.g. working on the floor to teach CPR, clean office space, etc.). Department
heads may exercise discretion in making exceptions to this policy for those limited
occasions.
(4) Housekeeping & maintenance staff may wear jeans or work pants that are in
good condition. Long or ¾ length sleeved smocks are required over shirts. Closed toe
and closed heel sturdy shoes are required.
(5) Federal employees may wear uniforms while on duty, however, these costs will
be accrued by the Federal employees.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.130 was formerly codified as XIV LCOTCL §5.813
PAP.5.8.140 Smoking
(a) Providing a tobacco-free environment for all employees and visitors:
(1) Employees shall smoke only in designated areas, notwithstanding subd. (3)
below.
(2) Smoking is prohibited in the following areas, notwithstanding subd. (3) below:
(A) In any Tribal owned or leased vehicle;
(B) There will be no tobacco use in personal vehicles when transporting people
on authorized business.
PAP.5.8-
(C) In any Governmental building designated as a workplace.
(b) Notwithstanding subd. (3) below, no use of tobacco products will be allowed within
the LCO-CHC facilities; its grounds and its surrounding parking lots for staff and visitors.
Furthermore, the staff are not permitted to smoke anywhere near the Tribal Office Pavilion.
(c) Nothing in this policy shall be deemed to limit or interfere with the use of tobacco at
traditional ceremonies and cultural functions.
(d) Violators of this section are subject to disciplinary action, up to and including
termination.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.140 was formerly codified as XIV LCOTCL §5.814
PAP.5.8.150 Internet and Telephones
(a) All electronic and telephonic communication systems and all communications and
information transmitted by, received from, or stored in these systems are the property of
the LCO-CHC and as such are to be used solely for job-related purposes. The use of any
software and business equipment, including, but not limited to, e-mail, internet access,
facsimile machines, computers, telephones (land lines and cellular phones) and copy
machines for private purposes is prohibited.
(b) No employee may use a pass code or voice-mail access code that has not been
issued to that employee or that is unknown to the LCO-CHC. Moreover, improper use of the
e-mail system (e.g., distributing offensive jokes or remarks) will not be tolerated.
(c) Employees shall not use the LCO-CHC's internet, voice mail and e-mail resources,
phones and other systems in a prohibited manner, including:
(1) To transmit, view, retrieve, or store any communications of a discriminatory or
harassing nature or materials that are considered obscene or pornographic;
(2) To access pornographic internet sites, display or print any associated materials,
pictures and cartoons;
(3) To harass or transmit messages with derogatory or inflammatory remarks about
an individual's race, sex (including pregnancy), age, disability, religion, national origin or
physical attributes or transmit abusive, profane or offensive language;
(4) For non-business, personal or private use, including but not limited to game
playing and personal communication not associated with business;
PAP.5.8-
(5) To disclose any confidential or proprietary information except where such
disclosure is authorized or permitted in this personnel policy and procedural manual;
(6) To solicit for more LCO-CHC approved activities;
(7) Do not access file sharing sites for music, videos or whatever;
(8) Do not access any social networking sites such as My Space or Facebook;
(9) Do not use streaming audio or video at your computer. The only exceptions
would be for approved training such as the ICS or IHS trainings;
(10) Do not access gaming sites, E-Bay or other non-work related sites;
(11) Do not connect to the internet and leave it open. Do what you need and get
off;
(12) Do not open any email that you do not recognize the sender;
(13) Turn off preview of emails. Even the preview mode transmits virus activity;
(14) To prevent viruses when receiving emails from unknown sources do not open
any attachments while in email, save the attachments while in email, save the
attachments and open it later, and of course never open an attachment you are not
sure about.
(d) Employees shall not use the LCO-CHC's internet, voice mail and e-mail resources and
other systems and equipment, including but not limited to computer hardware, software,
copier, fax machine and postage machine in a manner that is contrary to the provisions of
any purchase or lease contract, such as unlawful copying of computer software.
(e) Notwithstanding the LCO-CHC's right to retrieve and read any voice or electronic
mail messages, such messages should be treated as confidential by other employees and
accessed only by the intended recipient. Employees are not authorized to retrieve or read
any voice or e-mail messages that are not sent to them. Any exception to this policy must
receive prior written approval by Management.
(f) The LCO-CHC may monitor, record and listen to all internet, e-mail and voice mail
usage, to assure compliance with its policies, for cost analysis and for legitimate business
purposes. Thus, the LCO-CHC may listen to, access and disclose any information in the
electronic communication and telephone systems, even such information or communication
protected by an employee's personal password, at any time, with or without notice to the
PAP.5.8-
employee. Employees have no expectation of privacy in connection with the use of these
systems, or the transmission, receipt or storage of information in such systems.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.150 was formerly codified as XIV LCOTCL §5.815
PAP.5.8.160 Solicitation and Distribution
(a) Employees shall not debate, agitate, or solicit for funds, dues, etc., or solicit for
membership in organizations during working time. Employees may engage in such activities
only if both the employee doing the soliciting and the employee being solicited are not on
working time. Working time means all periods in which employees are required to be
actively at work, but does not include non-working mealtimes.
(b) In the interest of good housekeeping and safety, employees shall not distribute nonwork literature such as leaflets, pamphlets, etc., at all times in working areas. It is the
responsibility of each employee of the LCO-CHC to keep all facilities clean and orderly.
(c) Non-employees, other than customers and vendors, are not permitted on Tribal
property for the purpose of solicitations or any other reason without the express
authorization of the Tribal Governing Board.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.160 was formerly codified as XIV LCOTCL §5.816
PAP.5.8.170 Workplace Violence
(a) The LCO-CHC is concerned about the increased violence in society, which has also
filtered into many workplaces, and has taken steps to help prevent incidents of violence
from occurring at its facilities. It is our policy to expressly prohibit any acts or threats of
violence against any employee in or about our facilities or elsewhere at any time. We will
not condone any acts or threats of violence against our employees, customers, or visitors on
the LCO-CHC's property at any time or while they are engaged in business with or on behalf
of the LCO-CHC, on or off our premises.
(b) In keeping with the spirit and intent of this policy, and to ensure the objectives in this
regard are attained, the LCO-CHC is committed to the following:
(1) To provide a safe and healthful work environment;
(2) To take prompt remedial action, up to and including immediate termination,
against any employee who engages in any threatening behavior or acts of violence or
who uses any obscene, abusive, or threatening language or gestures;
PAP.5.8-
(3) To take appropriate action when dealing with customers, former employees, or
visitors to our property who engage in such behavior. Such action may include notifying
the police or other law enforcement personnel and prosecuting violators of this policy
to the maximum extent of the law;
(4) To establish viable security measures to ensure that the LCO-CHC's facilities are
safe and secure to the maximum extent possible and to properly handle access to the
LCO-CHC's facilities by the public, off-duty employees, and former employees.
(c) Employees, former employees, customers and visitors shall not bring or possess
unauthorized firearms or other weapons onto the LCO-CHC's premises. Any employee who
displays a tendency to engage in violent, abusive, or threatening behavior or who otherwise
engages in behavior that the LCO-CHC, in its sole discretion, deems offensive or
inappropriate, or who possesses a firearm or weapon in violation of this policy will be
subject to disciplinary action, up to and including termination.
(d) Employees have a "duty to warn" management of any suspicious workplace activity
or situations or incidents that they observe or that they are aware of that involve other
employees, former employees, customers, or visitors and that appear problematic. This
includes, for example, threats or acts of violence, aggressive behavior, offensive acts,
threatening or offensive comments or remarks, and the like. Employee reports made
pursuant to this policy will be held in confidence to the maximum possible extent. The LCOCHC will not condone any form of retaliation against any employee for making a report
under this policy.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.170 was formerly codified as XIV LCOTCL §5.817
PAP.5.8.180 Off-Duty Misconduct
Employees shall not engage in off-duty misconduct which is deemed detrimental to the
LCO-CHC. While it is impossible to predict every detrimental situation, the LCO-CHC may
determine that off-duty misconduct is adverse to the LCO-CHC, because it is serious in
nature; is at odds with an employee's job duties; or is notorious and has the potential to
discredit the LCO-CHC. Any arrest shall be reported to the employee supervisor and the
Human Resource department within 72 hours. Any arrest shall be subject to review by the
department director, and may include discipline including a suspension or termination
depending on the determination and severity of the allegations leading to an arrest. An
PAP.5.8-
arrest and conviction related to misconduct shall be subject to discipline which may include
termination.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.180 was formerly codified as XIV LCOTCL §5.818
PAP.5.8.190 Children in the Workplace
The presence of children in the workplace is discouraged because it can be disruptive to
other employees. However, the LCO-CHC recognizes that there may be circumstances when
it is necessary for an employee to have a child at the workplace for a short period. A
supervisor has the authority to prohibit an employee from having a child at the workplace if
the supervisor determines that the employee is abusing this policy or the workplace is being
disturbed.
(Res. No. 19-76; Res. No. 19-28; Res. No. 17-13; Res. No. 16-104)
Prior Codifications
∗
§PAP.5.8.190 was formerly codified as XIV LCOTCL §5.819
PAP.5.8.200 Policy Regarding Use of Social Media by Employees
(a) While the LCO-CHC encourages its employees to enjoy and make good use of their
off-duty time, certain activities on the part of employees may become a concern if they have
the effect of impairing the work of any employee; harassing, demeaning, or creating a
hostile working environment for any employee; disrupting the smooth and orderly flow of
work within the office; or harming the goodwill and reputation of the LCO-CHC. In the area
of social media (print, broadcast, digital, and online services such as Facebook, LinkedIn,
MySpace, Plaxo, and Twitter, among others), employees may use such media in any way
they choose as long as such use does not produce the adverse consequences noted above.
For this reason, the following provisions apply regarding an employee's use of social media,
both on and off duty:
(1) An employee shall be subject to disciplinary action, up to and including
termination of employment, depending upon the severity and repeat nature of the
offense, if an employee publishes any personal information about the employee,
another employee of the LCO-CHC, the Tribe and its officials, or a tribal member in any
public medium (print, broadcast, digital, or online) that:
(A) has the potential or effect of involving the employee, their coworkers, tribal
members or the LCO-CHC in any kind of dispute or conflict with other employees or
third parties;
(B) interferes with the work of any employee;
PAP.5.8-
(C) creates a harassing, demeaning, or hostile working environment for any
employee;
(D) disrupts the smooth and orderly flow of work within the office, or the
delivery of services to tribal members;
(E) harms the goodwill and reputation of the LCO-CHC in the community at
large; or
(F) tends to place in doubt the reliability, trustworthiness, or sound judgment of
the person who is the subject of the information.
(2) No employee may use the LCO-CHC's equipment or facilities for furtherance of
non-work-related social media related activities or relationships without the express
advance permission of their program Director.
(3) Employees who conduct themselves in such a way that their social media related
actions toward and relationships with each other interfere with or damage work
relationships, disrupt the flow of work or tribal member relations, or cause unfavorable
publicity in the community, should be
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