# Lac Courte Oreilles Tribal (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alac_courte_oreilles_chippewa%3Aded67d86faa33fe5 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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. OLL, OPEN LAW LIBRARY, and the Open Law Library LOGO are trademarks used herein under license. How to Use This Code This is the official version of the Lac Courte Oreilles Tribal Code of Law. It is current through the date provided on the cover. Features This document contains two key features designed to make the code more accessible and easier to use. First, when viewing this document on a computer, the entries in the table of contents for Titles and Chapters are hyperlinks that will take you directly to their location in the document. Second, QR codes are provided to allow you to easily check which Titles and Chapters are still up to date. These QR codes contain hyperlinks to the more frequently updated online version of the code where you can see exactly what has been added or removed from the code since this document's creation. Now, when updating to a newer printed version, only the Titles or Chapters that have been updated need to be reprinted. Using the QR codes In this document, a QR code immediately follows each Title and Chapter heading. This QR code contains a hyperlink to a webpage comparing the Title or Chapter as contained in this document with the most recent version of that Title or Chapter available online. When viewing this document on a computer, the QR codes can be simply clicked to follow the hyperlink. Otherwise, you can use a QR code reader to read the code and access the hyperlink on a device such as a phone or tablet. QR code readers can be downloaded for free, if one is not already preinstalled on your device. 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 pressu [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alac_courte_oreilles_chippewa%3Aded67d86faa33fe5. Public record. Not legal advice.