Pawnee Nation of Oklahoma (2019)

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Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Table of Contents

Chapter 1. General Provisions ............................................................................................................. 6

Section A. Purpose..................................................................................................................... 6

Section B. Application .......................................................................................................................... 6

Section C. Exceptions .................................................................................................................................6

Section D. Amendments ....................................................................................................................... 7

Section E. Consent to Tribal Jurisdiction ................................................................................... 7

Chapter 2. Employment Practices ............................................................................................................ 8

Section A. Equal Employment Statement ....................................................................................... 8

Section B. Indian Preference ................................................................................................................ 8

Section C. Veterans Preference ....................................................................................................... 8

Chapter 3. Recruitment and Selection (revised – January 2013) ..................................................... 9

Section A. Recruitment Policy ................................................................................................... 9

Section B. Application for Employment ........................................................................................... 10

Section C. Advertising of Vacant Positions ...................................................................................... 11

Section D. Indian Preference in Hiring..................................................................................... 12

Section E. Selection Methods and Criteria.................................................................................... 13

Section F. Hiring of Relatives / Nepotism ........................................................................................14

Section G. Background Investigations ..............................................................................................15

Section H. Physical Examinations ................................................................................................ 17

Section I. Offer of Employment......................................................................................................... 18

Chapter 4. Employment Classification .............................................................................................. 19

Section A. Classification Policy ............................................................................................... 19

Section B. Position Classification Policy .................................................................................. 19

Section C. Classification of New Positions .............................................................................. 19

Section D. Classification of Existing Positions......................................................................... 19

Section E. Job Descriptions................................................................................................................ 20

Chapter 5. Compensation Administration ......................................................................................... 21

Section A. General Compensation Policy................................................................................. 21

Section B. Salary Limits ................................................................................................................ 22

Section C. Pay Adjustments .......................................................................................................... 22

Section D. Cost of Living Allowances .......................................................................................... 23

Section E. Merit Increases .................................................................................................................. 24

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February 27, 1995

PAGE

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Human Resources Policies & Procedures

Section F. Overtime Pay .......................................................................................................... 25

Section G. Compensatory Time ..................................................................................................... 26

Section H. Bonus Pay............................................................................................................... 27

Section I. Pay Advancements ................................................................................................... 28

Section J. Pay Deductions ............................................................................................................. 29

Section K. Pay Calendar .......................................................................................................... 30

Section L. Release of Paychecks .............................................................................................. 31

Chapter 6. Employment Status ..................................................................................................... 32

Section A. General Policy ............................................................................................................. 32

Section B. Re-Hire Employee Status ........................................................................................ 33

Section C. Introductory Employee Status ................................................................................. 34

Section D. Regular Employment Status ........................................................................................ 35

Section E. Temporary Employment Status ............................................................................... 36

Section F. Full-Time Employment Status ..................................................................................... 37

Section G. Part-Time Employment Status ................................................................................ 38

Section H. Independent Contractor / Consultant........................................................................... 39

Section I. Volunteer Status ............................................................................................................ 40

Section J. Changes in Assignment ..................................................................................................... 41

Section K. Intern & Summer Youth Status…………………………………………………..43

Chapter 7. Time and Attendance .................................................................................................. 44

Section A. Hours of Work..................................................................................................................44

Section B. Time Reporting ............................................................................................................ 45

Section C. Attendance ................................................................................................................... 46

Section D. Tardiness / Early Departure .................................................................................... 47

Section E. Work Breaks .....................................................................................................................48

Section F. Flex Time ..................................................................................................................... 49

Chapter 8. Employee Benefits ..................................................................................................... 51

Section A. General Leave Policy .............................................................................................. 51

Section B. Holiday Leave ........................................................................................................ 52

Section C. Paid Time Off ......................................................................................................... 53

Section D. Sick Leave ........................................................................................................................55

Section E. Administrative Leave ........................................................................................................57

Section F. Inclement Weather Leave.................................................................................................58

Section G. Bereavement Leave................................................................................................. 59

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

March 27, 2013

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Section H. Education Leave (revised – June 2013) .................................................................. 60

Section I. Worksite Wellness Leave Policy .............................................................................. 61

Section J. Military Leave............................................................................................................... 61

Section K. Family Medical Leave .....................................................................................................64

Section L. Leave Sharing ......................................................................................................... 66

Section M. Leave Without Pay ................................................................................................ 67

Section N. Leave of Absence ................................................................................................... 68

Section O. Victims of Domestic Violence Leave .............................................................................69

Section P. General Health Benefit Policy ................................................................................. 70

Section Q. Employee Assistant Program…………………………………………………...…70

Chapter 9. Employee Conduct ..................................................................................................... 71

Section A. General Code of Conduct Policy ............................................................................ 71

Section B. Personal / Professional Behavior ................................................................................. 72

Section C. Personal Appearance.................................................................................................... 73

Section D. Inappropriate Conduct ............................................................................................ 74

Section E. Supervisor / Employee Relationship ........................................................................ 75

Section F. Confidentiality...................................................................................................................76

Section G. Press Releases ....................................................................................................................... 77

Section H. Intellectual Property Rights ..................................................................................... 78

Section I. Political Activity (revised – March 2013)................................................................. 79

Section J. Receipt of Gifts ............................................................................................................. 80

Section K. Outside Employment .......................................................................................................81

Section L. Solicitation ................................................................................................................... 82

Section M. Conditions of Work Area ....................................................................................... 83

Section N. Tobacco Free Work-site Policy .............................................................................. 84

Section O. Tools and Equipment................................................................................................... 85

Section P. Visitors in the Workplace........................................................................................ 86

Section Q. Personal Mail / Telephone Calls ................................................................................. 87

Section R. General Harassment ..................................................................................................... 88

Section S. Sexual Harassment ............................................................................................................91

Section T. Workplace Violence..................................................................................................... 93

Section U. Protective Order Enforcement .........................................................................................95

Section V. Alcohol & Drugs in the Workplace ........................................................................ 98

Section W. Internet Usage Policy .......................................................................................... 101

Section X. Identification (ID) Badge Policy………………………………………..……….102

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February 27, 1995

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Section Y. Social Media Policy……............................…………………………………..……….103

Chapter 10. Performance Evaluations..................................................................................................... 104

Section A. General Policy ............................................................................................................. 104

Section B. Satisfactory Performance ...................................................................................... 106

Section C. Unsatisfactory Performance ......................................................................................107

Chapter 11. Employee Training and Development ........................................................................ 108

Chapter 12. Employee Discipline .............................................................................................. 109

Section A. General Policy ...........................................................................................................109

Section B. Types of Disciplinary Action................................................................................ 110

I.

Verbal Warning .................................................................................... 110

II.

Written Warning ................................................................................... 110

III.

Suspension .................................................................................................... 110

IV.

Termination .......................................................................................... 110

Section C. Documentation ............................................................................................................... 111

Section D. Contents of Disciplinary Action Form ........................................................................ 112

Section E. Causes for Disciplinary Action ............................................................................. 113

Chapter 13. Employee Grievance .............................................................................................. 115

Section A. General Policy ...........................................................................................................115

Section B. Grievance Procedure Steps ................................................................................... 116

Step 1 .............................................................................................................. 116

Step 2 .............................................................................................................. 117

Step 3 .............................................................................................................. 117

Section C. Grievance Committee ........................................................................................... 118

Chapter 14. Termination of Employment ...........................................................................................119

Section A. General Policy ...........................................................................................................119

Section B. Resignation ................................................................................................................120

Section C. Involuntary Termination ....................................................................................... 121

Section D. Reduction in Force.....................................................................................................122

Section E. Termination of a Volunteer or Temporary Employee ............................................... 124

Section F. Termination of an Introductory Employee ................................................................ 125

Section G. Retirement ...................................................................................................................... 126

Section H. Death of an Employee................................................................................................... 127

Section I. Final Pay ................................................................................................................ 128

Section J. Exit Interview..............................................................................................................129

Chapter 15. Personnel Files ....................................................................................................... 130

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

March 27, 2013

PAGE

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Human Resources Policies & Procedures

Section A. Location of Files ........................................................................................................130

Section B. Contents of Files ................................................................................................... 131

Section C. Updating of Files .................................................................................................. 132

Section D. Confidentiality of Files ......................................................................................... 133

Section E. Employee Examination of Personnel File(s) .............................................................. 134

Section F. Release of Information ...................................................................................................135

Section G. Personnel Action Forms ............................................................................................ 136

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2015

SUPERCEDES

March 27, 2013

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Human Resources Policies & Procedures

Chapter 1. General Provisions

Section A. Purpose

The Pawnee Nation Human Resources Policy and Procedure Manual is designed to:

•

•

•

•

Create a uniformed system of personnel administration that provides maximum service

to the Pawnee Nation;

Establish set standards to ensure that the terms, conditions, and privileges of

employment are impartially and universally applied to all personnel matters;

Provide for a recruitment and selection process that facilitates the employment of

individuals of select quality who display pride, respect, and dignity in the performance

of their duties; and

Promote a clear understanding of the rights, privileges and responsibilities of

employment with the Pawnee Nation.

Section B.Application

The Pawnee Nation Human Resources Policy and Procedure Manual applies to all employees of

the Pawnee Nation tribal government, regardless of funding source or employment status,

except where they are specifically excluded. The policies set forth in this manual are not

intended to create a contract, nor are they to be construed to constitute contractual obligations of

any kind or a contract of employment between the Pawnee Nation and any of its employees.

Section C.Exceptions

The Pawnee Nation Human Resources Policy and Procedure Manual shall serve as the

foundation of personnel management for the Pawnee Nation and its tribal enterprises, unless

separate personnel manuals have been adopted by the enterprises.

Limitations in grant funding for particular departments and programs, or specific grantor agency

regulations, may supersede policies and procedures contained herein. In the event that Pawnee

Nation Divisions, Departments, or Programs develop policies or procedures to supplement this

manual, such documents shall be reviewed and approved, as necessary, prior to their

implementation.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February 27, 1995

PAGE

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Human Resources Policies & Procedures

SectionD.Amendments

The Pawnee Nation reserves the right to amend, supplement or rescind any policy or procedure

of this manual. Such amendments, supplements or rescissions will be approved by the Pawnee

Business Council through the Executive Director and Human Resources Committee. The

Human Resources Director may make non-substantive changes through the approval of the

Executive Director.

Section E. Consent to Tribal Jurisdiction

By accepting employment with the Pawnee Nation, all individuals thereby submit to the

criminal and civil jurisdiction of the Pawnee Nation tribal courts. As such, all criminal and civil

matters arising out of, or connected with employment at the Pawnee Nation, and which occur

within the territorial or subject matter jurisdiction of the courts, are subject to the criminal and

civil jurisdiction of the Pawnee Nation tribal courts.

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2015

SUPERCEDES

March 27, 2013

PAGE

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Human Resources Policies & Procedures

Chapter 2. Employment Practices

Consistent with the philosophy of Indian Self-Determination, the following policies shall apply.

Section A. Equal Employment Statement

The policy of the Pawnee Nation is to comply with all applicable laws that govern the

employment relationship between the Pawnee Nation and its employees. Consistent with the

provisions of applicable laws and policies, the Pawnee Nation will not discriminate against any

applicant or employee in recruitment, appointment, training, promotion, retention, or any other

personnel action because of political or religious opinions or affiliations, race, color, creed, sex,

age, physical handicap or any other non-merit factors.

Section B. Indian Preference

The 1964 Civil Rights Act VII (42 USC 2000e2(i)) allows private and governmental employers

on or near a Federal Trust Indian Reservation to exercise Indian Preference in employment. It is

the policy of the Pawnee Nation to give preference to any person who is enrolled as a member

of a federally recognized tribe.

Section C. Veterans Preference

The Pawnee Nation gives preference in employment to Veterans of the United States Armed

Forces. Eligible Veterans receive preference only during the initial hiring process. To be

eligible for preference, the Veteran must have an honorable or general discharge. Applicants

claiming preference must provide a copy of the DD Form 214.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

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Human Resources Policies & Procedures

Chapter 3. Recruitment and Selection

Section A. Recruitment Policy

It is the policy of the Pawnee Nation to promote hiring the best qualified candidates, in order to

provide the highest quality services to the people of the Pawnee Nation. It is additionally the

policy of the Pawnee Nation to promote employment opportunities for qualified Pawnee Tribal

Members and other qualified Native Americans.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

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Human Resources Policies & Procedures

Section B. Application for Employment

Policy

All individuals applying for employment will complete the Pawnee Nation Employment

application online. To apply for Pawnee Nation job vacancies, applicants will be directed to the

Pawnee Nation website.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

In order to be considered for a specific job vacancy, an online employment application

must be submitted prior to the closing date. To be considered for temporary employment

opportunities, applicants must complete and submit the temporary application available

online.

The Employment Application must be submitted online on or before the close of

business on the closing date specified on the job vacancy announcement.

Applicants will be required to electronically sign the Employment Application, which

includes a statement certifying to the truth and accuracy of all information provided.

Any unsigned or incomplete Employment Applications will not be considered for

employment with the Pawnee Nation.

Applicants shall be required to furnish, at their own expense, evidence of character,

education, physical condition, or other qualifications, which are job-related and deemed

necessary for consideration of the vacant position.

To receive full credit for education, certification, or licensure, transcripts, copies of

degrees, certificates, and other appropriate documentation must be submitted, in

conjunction with the Employment Application, on or before the close of business on the

closing date specified on the job vacancy announcement.

Any misrepresentations, falsifications, or material omissions on the Employment

Application or any other materials used in the recruitment and selection process may

result in exclusion of the individual from further consideration for employment for that

position; or, if the individual has been hired, termination of employment.

The Office of Human Resources may make non-substantive changes, through the

approval of the Executive Director.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

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Human Resources Policies & Procedures

Section C. Advertising of Vacant Positions

Policy

The Office of Human Resources shall give public announcement of job vacancies within the

Pawnee Nation. A reasonable effort shall be made to attract qualified applicants from the

community and to provide a prominent venue for individuals to view job vacancies.

Procedure

I.

II.

III.

IV.

V.

Vacancy announcements for all regular positions shall remain open for at least ten

(10) business days.

Each job vacancy announcement shall specify the following:

a. The position’s job title;

b. The position’s employment status;

c. Minimum required qualifications of the position;

d. Application deadline;

e. Method of application;

f. Indian Preference; and

g. Equal Employment statement.

Job vacancy announcements shall be posted in tribal offices and on the official

Pawnee Nation website and social media sites.

The Office of Human Resources, in consultation with a Division Director, may

advertise job vacancy announcements in newspapers within a pre-determined radius,

educational institutions, professional and vocational societies, public offices, and

with other such individuals and/or organizations, as deemed appropriate. In order for

a job vacancy to be announced, the Division Director must ensure that adequate

funding is available for the position and that an updated job description is on file in

the Office of Human Resources.

In the event an emergency temporary hire is needed, the Division Director, in

concurrence with the Executive Director and Human Resources Director, may

request to deviate from this policy. To do so, the Division must demonstrate at least

one of the following:

a. The temporary position is necessary to continue program operations;

b. The temporary position is necessary to maintain client services; or

c. The temporary position is necessary to alleviate extreme understaffing issues.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

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Human Resources Policies & Procedures

Section D. Indian Preferencein Hiring

Policy

It is the policy of the Pawnee Nation to give preferential treatment in hiring to any person who

is enrolled as a member of a federally recognized tribe.

Procedure

I.

II.

III.

IV.

Preference in hiring shall be given to Indians, as defined in PL93-638, the Indian Self

Determination Act.

Members of the Pawnee Nation will receive preferential treatment in the recruitment and

selection process.

The applicant is responsible for providing documentation of tribal enrollment or Native

American lineage by submitting a copy of one of the following:

a. BIA form 432 Indian Preference form,

b. Enrollment letter from the tribe they are claiming preference from, or

c. Tribal enrollment membership card

If a question surrounds the applicant’s tribal membership or lineage, the Office of

Human Resources will review the evidence and approve or disapprove such a claim.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

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Human Resources Policies & Procedures

Section E. Selection Methods and Criteria

Policy

The Pawnee Nation is committed to a fair and impartial system of employee selection. The

selection process is a joint effort between the Office of Human Resources, Division Directors,

Department Managers, Program Coordinators, Supervisors, and the Pawnee Business Council.

The Pawnee Nation will evaluate applicants in the form of verbal interviews. Also written

examinations, physical tests, education, training, job related experience, and prior job

performance may be used as evaluation tools. All applicants will be consistently evaluated

using the same job-related methods and criteria, which are specifically designed to reveal

each candidate’s knowledge, skills, and abilities applicable to the vacant position. The

scoring tool used during the interview process will be turned into the Human Resources

Department at the conclusion of the interview.

Procedure

I.

The Office of Human Resources uses an online application system that will screen

applicants and certify qualification to identify the applicants who meet the minimum

requirements for a vacant position.

II.

When a background investigation, physical exam, driving record, or other screening

mechanism is necessary to evaluate an applicant’s eligibility for a position, the Office of

Human Resources will ensure such mechanisms are administered to each applicant prior

to the interview.

The Pawnee Nation recognizes preferences, and grants qualified applicants the

following preference points during the initial screening process:

a.

Pawnee Preference- 8 points

b.

Indian Preference5 points

c.

Veterans Preference- 5 points

III.

IV.

Applicants will be scored according to qualifications and capacity for the position, using

the online application system. The candidates who score in the top percentage of the

qualifications category will be routed to the hiring authority for the interview process.

When available no more than five (5) applicants or no less than three (3) applicants will

be forwarded for the interview process. The coordination of interviews will be

scheduled no later than three (3) business days following the reeipt of the applicant

scoring.

V.

The Executive Director and Attorney General positions are subject to interview by the

Pawnee Business Council.

All other positions are subject to interview by the Division Director, Program

Manager, and/or Supervisor.

The decision of the Hiring Authority will be forwarded to the Human Resources

Department no later than three (3) business days following the receipt of the interview

scoring/ranking.

All new hires will serve a ninety (90) day probationary period.

VI.

VII.

VIII.

APPROVED

September 29 2016

EFFECTIVE

September 30, 2016

SUPERCEDES

November 3,2008

PAGE

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Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section F. Hiring of Relatives / Nepotism

Policy

It is the policy of the Pawnee Nation to make a special effort to employ tribal members for job

vacancies; however, the Pawnee Nation recognizes problems may arise from nepotism.

Therefore, no person shall be hired, promoted, demoted or transferred to a position which

requires the employee to directly supervise or be directly supervised by an immediate family

member.

Procedure

I.

II.

III.

IV.

V.

Immediate family member is defined as an individual who is related, by blood or

marriage, to the employee as a father, mother, son, daughter, brother, sister,

grandmother, and grandfather. Cohabitants, regardless of the nature of the relationship,

shall also be considered immediate family.

All applicants must indicate their relation to current Pawnee Nation employees on the

official Employment Application form. This information will be used to determine

possible conflicts between the vacant position, the applicant, and the Nepotism Policy.

If an applicant knowingly withholds information or responds untruthfully to questions

concerning a familial relationship, the applicant will be removed from the applicant pool

for that vacant position. Or, if the applicant has been employed after knowingly

withholding information or responding untruthfully to questions concerning a familial

relationship, the employee will be subject to disciplinary action, as prescribed in

Chapter 12. Employee Discipline.

When a conflict with the Nepotism Policy is created by either reorganization or

individuals who become related while employed, ninety (90) calendar days will be

allowed to resolve the matter voluntarily or by reassignment of one of the employees. If

a voluntary resolution is not forthcoming and reassignment of one of the employees is

not possible, the employee with the most recent date of continuous employment will be

released.

Employees, as well as members of Committees, Commissions, and the Pawnee Business

Council, shall refrain from influencing any personnel action involving family members

who are covered by these policies as employees and/or applicants.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

14 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

SectionG.Background Investigations

Policy

It is the policy of the Pawnee Nation to conduct background checks in accordance with

applicable federal law and dependent upon position requirements. Applicants who apply for

such positions are required to submit to a background investigation.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

When required by the position, background investigations, including fingerprinting,

shall be conducted prior to the employment of an applicant. Background investigation

results will be used to determine an applicant’s suitability for employment.

Current employees who occupy applicable positions may be subject to background

investigations, as determined by position and/or funding agency requirements.

The background investigation will be obtained at the expense of the Pawnee Nation.

Individuals may not provide background information from other sources in lieu of a

background investigation by the Pawnee Nation.

All information gathered through background investigations will be treated as

confidential. The criminal history record of applicants and/or existing employees will

become a part of the confidential recruiting file and/or employee personnel file.

Information provided by an applicant to obtain employment, which later proves false,

will be subject to provisions of disciplinary action, as prescribed in Chapter 12.

Employee Discipline.

In the event a background investigation produces negative results, the Human Resources

Director will notify the applicant and/or employee of the results and provide a copy of

the results, if requested.

In the event background investigation results are questionable, the Human Resources

Office will serve as the adjudicating body to make a final determination in suitability of

the applicant to the vacant position.

The adjudication process protects the interests of the Pawnee Nation and the rights of

applicants and existing employees. Each case is judged on its own merits and all

available information, both favorable and unfavorable, must be considered and assessed

in terms of accuracy, completeness, relevance, seriousness, overall significance and how

similar cases have been handled in the past. The Human Resources Office must review

the background investigation to determine the character, reputation and trustworthiness

of the individual. At a minimum, the Human Resources Office must:

a. Review the application with the background investigation and compare the

information provided;

b. Review the results of written record searches requested from local law

enforcement agencies, former employers, former supervisors, and employment

or educational references; and

c. Review the results of any fingerprint charts maintained by the Federal Bureau of

Investigation of other law enforcement information maintained by other

agencies.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

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Human Resources Policies & Procedures

IX.

X.

XI.

XII.

Relevancy is a key objective in evaluating investigative data. The Human Resources

Office must consider prior conduct in light of:

a. The nature and seriousness of the conduct in question, in relation to the job

duties of the applicant, employee, volunteer or contractor;

b. How recent the conduct was and circumstances surrounding the conduct in

question;

c. The age of the individual at the time of the incident;

d. Societal conditions that may have contributed to the nature of the conduct;

e. The probability that the individual will continue the type of behavior in question;

and

f. The individual’s commitment to rehabilitation and a change in the behavior in

question.

The determination of suitability measuring the fitness or eligibility of an applicant or

existing employee does not evaluate a person’s education, skills, knowledge or

experience. Suitability is determined by:

a. The degree of risk the applicant or existing employee would bring to the

position;

b. The applicant’s or existing employee’s past conduct interfering with his or her

performance of duties or creating an immediate or long-term risk for the Nation;

and

c. The applicant’s or existing employee’s minimum standards of character.

i. Minimum standards of character refer to identifiable character traits and

past conduct to include, but not limited to:

1. Criminal arrest and/or convictions that would create a risk of

danger or loss to the Nation based on the job responsibilities of

the position in which the person has applied or is employed.

The decision of the Human Resources Office regarding an applicant or

INTRODUCTORY employee shall be final.

Employees, unless otherwise prohibited by an employment contract or other applicable

Pawnee Nation policies, shall have appeal rights as set forth in Chapter 13. Employee

Grievance.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

16 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section H.Physical Examinations

Policy

It is the policy of the Pawnee Nation to require employees in certain applicable positions to

possess and maintain the minimum physical qualifications necessary to perform essential duties

of the position.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

Physical examinations shall be conducted prior to employment of an applicant to an

applicable position. The physical examination results shall be received in the Human

Resources Office prior to the prospective employee’s first day of work.

Current employees who occupy applicable positions may be subject to physical

examinations, as determined by position requirements and/or outside funding guidelines.

The physical examination will be obtained at the direction of the Pawnee Nation.

Individuals may not provide initial physical examinations from other sources in lieu of

an initial physical examination initiated by the Pawnee Nation.

All information gathered will be treated as confidential. The medical information of

applicants and/or existing employees will become a part of the confidential personnel

file of that individual.

In the event the physical examination produces negative results for an applicant, the

applicant will not be eligible for hire. The Human Resources Director will notify the

applicant of the results and provide a copy of the results, if requested.

In the event the physical examination produces negative results for a current employee,

the employee may seek a second medical opinion by a physician of his or her choice. If

the opinions are not in agreement, a third medical opinion will be obtained from a

physician selected by the Pawnee Nation’s designated physician and the employee’s

designated physician. The result of the third physician will be final in determining

future or further employment with the Pawnee Nation.

All physical examinations must be taken within three (3) calendar days of the Human

Resources physical examination request.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

17 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section I. Offer of Employment

Policy

It is the policy of the Pawnee Nation to extend offers of employment in a consistent manner.

The Human Resources Director will maintain the authority to offer employment for all positions

within the Pawnee Nation.

Procedure

I.

II.

After the hiring authority has selected an individual for hire, in accordance with all

aspects of this policy, the Human Resources Director will make contact with the

individual to offer employment.

The Human Resources Director shall not offer employment if selection was done

contrary to the provisions of Chapter 3. Recruitment and Selection.

APPROVED

January9, 2013

EFFECTIVE

January9, 2013

SUPERCEDES

September 24,2008

PAGE

18 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Chapter 4. Employment Classification

Section A. Classification Policy

{RESERVED}

Section B. Position Classification Policy

{RESERVED}

Section C. Classification of New Positions

{RESERVED}

Section D. Classification of Existing Positions

{RESERVED}

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

19 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section E. Job Descriptions

Policy

It is the policy of the Pawnee Nation to provide Job Descriptions for each position within the

Pawnee Nation. Job Descriptions will accurately and clearly describe the essential functions

and qualifications required by a position. Information from Job Descriptions will be utilized in

job classification, recruitment and selection, salary administration, training and development,

and performance planning and feedback.

Procedure

I.

II.

III.

IV.

V.

VI.

All Pawnee Nation positions will have an approved Job Description.

To obtain a Job Description, the supervisor must submit a completed Position

Description Questionnaire form to the Office of Human Resources. For occupied

positions, the supervisor shall work with employees to develop and/or review the

Position Description Questionnaire form for accuracy and clarity.

The Office of Human Resources will use the information in the Position Description

Questionnaire form to draft a Job Description.

All Job Descriptions shall contain the following information:

a. Job Title;

b. Department;

c. Supervisor;

d. Position Overview;

e. Essential Functions of the Position;

f. Educational Requirements;

g. Experience Requirements;

h. Knowledge, Skills, and Abilities;

i. Physical Demands; and

j. Work Environment

The Human Resources Director, with concurrence of the Division Director, will approve

new and updated job descriptions.

In order for a job vacancy to be announced, the Division Director must ensure that

adequate funding is available for the position and that an updated job description is on

file in the Office of Human Resources.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

20 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Chapter 5. Compensation Administration

Section A. General Compensation Policy

It is the policy of the Pawnee Nation to pay wages and salaries that are commensurate with the

type of work, the level of responsibility, and the qualifications required for each position. In

addition, employee compensation may be subject to the funding level set forth in an approved

contract or grant budget.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

21 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section B. Salary Limits

{RESERVED}

Section C. Pay Adjustments

{RESERVED}

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

22 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section D. Cost of Living Allowances

Policy

It is the policy of the Pawnee Nation to authorize cost of living allowances.

Procedure

I.

II.

III.

IV.

The Pawnee Business Council shall approve a cost of living allowance rate during the

Annual Budget Call. In the event the Pawnee Business Council does not approve a

rate by the end of the first quarter of the new budget year, the rate for the previous

year shall be used.

Allowable cost of living allowances shall be effective at the beginning of the funding

year.

Division Directors are responsible for initiating Payroll Action Forms to process the cost

of living allowance for each employee.

An employee must have completed their 90-day Introduction Period, and must be a full

time employee to be eligible

APPROVED

March 24, 2016

EFFECTIVE

March 24, 2016

SUPERCEDES

January 25, 2016

PAGE

23 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section E. Merit Increases

Policy

It is the policy of the Pawnee Nation to provide merit increases that reward employees for their

ability, efficiency, and value to the Pawnee Nation.

Procedure

I.

II.

III.

IV.

V.

VI.

All REGULAR employees are eligible for merit increases.

Any employee who has not received an annual Performance Evaluation shall not be

eligible for a merit increase.

To be eligible for a merit increase, employees must have received a categorical rating

“satisfactory” or higher on their annual Performance Evaluation.

The rate of a merit increase shall be determined in accordance with the availability of

funding.

All merit increases shall be approved by the Supervisor and Division Director, with

concurrence of the Human Resources Director and the Executive Director.

Merit increases for positions at the level of Division Director and above shall be

requested by the Executive Director and approved by the Pawnee Business Council.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

24 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section F. Overtime Pay

Policy

It is the policy of the Pawnee Nation to provide all employees with Compensatory Time in lieu

of Overtime Pay.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

25 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section G. Compensatory Time

Policy

It is the policy of the Pawnee Nation to compensate employees in an appropriate manner for

time worked beyond the normal forty (40) hour work week.

Procedure

I.

Employees who work over forty hours within one work week will be eligible to

accrue compensatory time.

II.

Compensatory Time shall accrue at the rate of one and one half (1.5) hours for every

hour worked.

III.

Compensatory Time accrual shall be authorized by the employee’s supervisor, prior to

working over the scheduled forty (40) hour work week.

IV.

Unauthorized work over forty (40) hours shall be eligible for Compensatory Time

accrual, however the employee may be subject to disciplinary action as prescribed in

Chapter 12. Employee Discipline

V.

Use of Compensatory Time requires prior authorization by the employee’s supervisor.

VI.

It is the responsibility of the supervisor to properly account for accrued and used

compensatory time for their respective employees.

VII. While on travel status and being paid per diem, employees are not eligible to accrue

Compensatory Time.

VII. Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 24,2008

EFFECTIVE

September 13, 2016

SUPERCEDES

November 3, 2008

PAGE

26 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section H. Bonus Pay

{RESERVED}

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

27 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section I. Pay Advancements

Policy

The Pawnee Nation will not provide payroll advances to any employee.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

28 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section J. Pay Deductions

Policy

The Pawnee Nation is required by law to make certain deductions from gross earnings for all

employees. In addition, for certain benefit programs which require payments by participants,

the Nation may specify payroll deductions as the only acceptable method of payment. The

Pawnee Nation may make required or necessary garnishments from gross earnings for all

employees.

Procedure

I.

II.

III.

The Pawnee Nation is required by law to make certain deductions from gross earnings of

all employees, including income taxes, social security taxes, and Medicare taxes.

The Internal Revenue Service may levy wages of a delinquent taxpayer. The Pawnee

Nation is obligated to withhold the prescribed levy from the date the levy is made until

the employee’s tax liability is satisfied or becomes unenforceable.

The Pawnee Nation will abide by all Income Deduction Orders as it pertains to support

of a minor child, regardless of court from which the order is originated.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

29 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section K. Pay Calendar

Policy

It is the policy of the Pawnee Nation to pay employees on a bi-weekly basis and in accordance

with Pawnee Nation Fiscal Policies and Procedures, and practices.

Procedure

I.

II.

The Division of Finance shall distribute an approved Pay Calendar for each calendar

year. Pay Calendars shall reflect the following information:

a. The beginning and end date of each pay period;

b. The final date for timesheet submissions for each pay period; and

c. The date pay checks will be distributed to employees for each pay period.

To receive pay for time worked, all employees are subject to the provisions of Chapter

7. Time and Attendance.

APPROVED

September 24,2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

30 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section L. Release of Paychecks

Policy

Paychecks shall be released in accordance with Pawnee Nation Fiscal Policies and Procedures.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

31 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Chapter 6. Employment Status

Section A. General Policy

It is the policy of the Pawnee Nation to establish and maintain categories of employment to

determine eligibility and accrual rates for Pawnee Nation benefit plans.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

32 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section B. Re-Hire Employee Status

Policy

It is the policy of the Pawnee Nation, under certain conditions, to hire individuals who have

previously separated from tribal employment. These individuals may be extended certain rehire benefits.

Procedure

I.

II.

III.

IV.

To be eligible, employees must have separated from the Pawnee Nation through

provisions of Chapter 14. Termination of Employment.

Employees who have resigned in good standing shall have their length of service

restored, if they are re-hired within five (5) years of the date of separation.

Employee’s who have been terminated from employment by the Pawnee Nation are not

eligible for re-hire for a period of one (1) year.

Employees who have been terminated from employment by the Pawnee Nation and are

later re-hired by the Nation will not have any prior length of service restored. The only

exceptions are employees who are re-hired after successfully appealing their termination

through the provisions of Chapter 13. Employee Grievance.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

33 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section C. Introductory Employee Status

Policy

It is the policy of the Pawnee Nation to require all newly hired employees and current

employees in newly appointed positions to successfully complete an Introductory Period of

ninety (90) days before becoming REGULAR employees of the Pawnee Nation.

Procedure

I.

All new hire employees will serve an Introductory Period of ninety (90) days. The

following provisions will apply for new hire INTRODUCTORY employees:

a. New hire INTRODUCTORY employees shall not be afforded rights as

prescribed in Chapter 13. Employee Grievance;

i. New hire INTRODUCTORY employees may bring employment

concerns to the attention of the Human Resources Director.

b. New hire INTRODUCTORY employees will be eligible for certain leave

benefits, as defined in Chapter 8. Employee Benefits.

II.

Current employees will serve an Introductory Period of ninety (90) days in a newly

appointed position. The following provisions will apply for current INTRODUCTORY

employees:

a. Current INTRODUCTORY employees shall not be afforded rights as prescribed

in Chapter 13. Employee Grievance;

i. Current INTRODUCTORY employees may bring employment concerns

to the attention of the Human Resources Director.

b. Current INTRODUCTORY employees will retain all leave and health benefits;

III.

If any Introductory Period is interrupted by an employee's medical absence of more than

ten (10) consecutive business days, the Introductory Period may be extended by the

number of calendar days the employee was absent.

IV.

If an employee's performance or conduct is found to be unsatisfactory during the

Introductory Period, the employee may be terminated for cause. The employee must be

provided with written notification citing the reason(s) for the separation.

V.

Upon completion of the ninety (90) day Introductory Period, the supervisor must

provide the INTRODUCTORY employee with a written performance evaluation, as set

forth in Chapter 10. Performance Evaluations.

To terminate an INTRODUCTORY employee at the conclusion of the ninety (90) day

Introductory Period, the supervisor must inform the Human Resources Director a minimum of

five (5) working days before the end of the employee’s Introductory Period.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

34 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section D. Regular Employment Status

Policy

REGULAR employment consists of continuous and scheduled employment which is expected

to continue for a period of more than one year. REGULAR employment can be considered

FULL-TIME or PART-TIME.

I.

II.

REGULAR employees must successfully complete an Introductory Period prior to being

considered eligible for benefits.

Benefit eligibility for REGULAR employees benefit is dependent on their FULL-TIME

or PART-TIME status.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

35 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section E. Temporary Employment Status

Policy

Temporary employment consists of continuous and scheduled employment not expected to

exceed a period of more than sixty (60) days. Temporary employment can be FULL-TIME

or PART-TIME.

Temporary employees are not eligible for health or certain leave benefits.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

36 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section F. Full-Time Employment Status

Policy

FULL-TIME employment consists of a normal schedule of at least forty (40) hours.

I.

II.

Employees who are normally scheduled to work forty (40) hours a week will be

considered FULL-TIME employees. The number of hours worked will be determined

by staffing needs and/or funding availability.

REGULAR FULL-TIME employees are considered eligible for health and leave

benefits as defined in Chapter 8. Employee Benefits.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

37 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section G. Part-Time Employment Status

Policy

PART-TIME employment consists of a normal schedule of less than forty (40) hours per week.

I.

II.

III.

Employees who are normally scheduled to work less than forty (40) hours a week but at

least twenty (20) hours per week will be considered REGULAR PART-TIME

employees.

REGULAR PART-TIME employees are considered eligible for leave benefits at a rate

of one-half (1/2) of the full-time benefit rate.

PART-TIME employees who work less than twenty (20) hours per week are eligible for

leave benefits in Chapter 8. Employee Benefits.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

38 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section H. Independent Contractor / Consultant

Policy

Independent Contractors and/or Consultants are not considered employees of the Pawnee

Nation. These individuals are engaged to provide paid services to the Pawnee Nation as

contractors and/or consultants, are not eligible for any Pawnee Nation benefits, but are subject

to Pawnee Nation laws and certain policies.

APPROVED

May 18, 2016

EFFECTIVE

May 18, 2016

SUPERCEDES

September 24, 2008

PAGE

39 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section I. Volunteer Status

Policy

Individuals appointed in a Volunteer Status are not considered employees of the Pawnee Nation.

These individuals are engaged to provide unpaid assistance or services to the Pawnee Nation for

a specified time period, are not eligible for any Pawnee Nation benefits, but are subject to

Pawnee Nation laws and certain policies.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

40 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section J. Changes in Assignment

I.

Lateral Transfer / Promotion

Policy

It is the policy of the Pawnee Nation to provide REGULAR employees the opportunity to apply

and compete for lateral transfer or promotion to announced vacancies.

Procedure

a. Temporary, Part-time, etc Employees must apply thru the External Hire

process.

b. Interested candidates must submit a Cover Letter and Resume to HR for

any vacancy to be considered.

c. Vacancy announcements that are posted for Internal Hire shall remain

open for no longer than five (5) days.

d. The Hiring Authority can hire directly if only one interested employee

applies.

e. Two or more interested employees will require the Hiring Authority to

utilize the interview process in selecting a candidate.

f. Interviews conducted for internal employees, in which an applicant is not

selected, will require the Hiring Authority to submit a letter of

justification to Human Resources.

g. The Hiring Authority may utilize the external hire process if no internal

employees apply or are not selected for Internal Hire.

h. Internal Hire Policy, job posting vacancy, and selection can occur

concurrent with External posting of vacancies.

II.

Demotion

Policy

It is the policy of the Pawnee Nation to demote employees for just and reasonable cause. A

demotion will occur either from unsatisfactory performance or through disciplinary action.

Procedure

a. A demotion may be in the form of a reduction in pay, or in the transfer to a

position of lesser job responsibilities, or both. An employee may only be

demoted to an approved vacant position.

b. A demotion may or may not be considered temporary.

c. To determine performance suitability, a demoted employee will be required to

serve a one hundred and eighty (180) day probationary period.

d. All demotions must be approved by the Executive Director.

APPROVED

May 18, 2016

EFFECTIVE

May 18, 2016

SUPERCEDES

September 24, 2008

PAGE

41 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

III.

Reassignment

Policy

To effectively operate governmental business, the Pawnee Nation may use its discretion to

initiate or approve employee job reassignment. A job reassignment occurs when an employee is

re-located from one position to another position which is classified similarly.

Procedure

a. Reassignments shall be used as a reorganization tool, not as an alternative to

disciplinary action. Employees may be reassigned from one Division,

Department, or Program to a different Division, Department, or Program.

b. A reassignment may or may not be considered temporary.

c. When an employee is reassigned from one position to another, the employee may

or may not retain the same pay rate. The approved budget of the Division,

Department, and/or Program will dictate the pay of the position.

d. Until approval of the reassignment has been granted, supervisors, the Office of

Human Resources, and any other knowledgeable party shall not discuss the

reassignment with the potentially affected employee(s).

e. All reassignments must be approved by the Executive Director.

IV.

Acting Status Assignment

Policy

An acting status assignment usually involves assigning a regular status employee to a

supervisory position during an extended absence of the supervisor’s position.

Procedure

a. Only FULL-TIME REGULAR employees may be assigned to an acting status.

b. Employees on acting status assignment for a period of less than thirty (30) days

will not receive additional compensation. In the event the acting status is

extended beyond thirty (30) days, the acting status employee will receive

compensation retroactive to the first day the acting status began.

c. When the acting status assignment ends, the employee shall be returned to the

rate of pay earned prior to the acting assignment, unless the original pay was

otherwise adjusted during the temporary assignment.

d. The request for acting status assignment must be submitted in writing to the

Executive Director for approval. The request shall include the following:

i.

The nature, time period, and expected outcomes of the assignment;

ii.

Assigned duties and responsibilities;

iii.

Reporting relationships and signature authority restrictions; and

iv.

The appropriate salary adjustment for the period of assignment.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

42 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section K. Intern & Summer Youth Status

Policy

Intern employment consists of continuous and scheduled employment for a pre-determined

period of time. Intern employment can be FULL-TIME or PART-TIME.

Summer Youth employment consists of continuous and scheduled employment for a predetermined period of time. Summer Youth employment can be FULL-TIME or PARTTIME.

Neither Intern employees nor Summer Youth are eligible for health or certain leave benefits, as

outlined in Contract.

APPROVED

April 04, 2018

EFFECTIVE

April 04, 2018

SUPERCEDES

April 04, 2018

PAGE

43 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Chapter 7. Time and Attendance

Section A. Hours of Work

Policy

To meet the needs of Pawnee Nation tribal members, clientele, and the general public, employee

work hours may be varied and will be set by each employee’s supervisor. Depending upon

locations and departments, the most common schedule for employees is 8:00 a.m. to 5:00 p.m.,

with a one hour lunch break, Monday through Friday.

Procedure

I.

II.

III.

IV.

V.

XI.

VI.

All FULL-TIME employees are expected to be at their workstations or on assigned

Pawnee Nation work for their prescribed number of work hours.

All PART-TIME employees are expected to be at their workstations or on assigned

Pawnee Nation work for the pre-determined part-time schedule.

Any variations in the regular work schedule must be in alignment with the needs of the

organization and in the best interest of Pawnee Nation tribal members, clientele, and the

general public.

Supervisors may allow employees to work varied schedules, in accordance with the

provisions of Section F – Flex Time.

Some Divisions, Departments, and/or Programs may work different hours due to

requirements of the Division, Department, and/or Programs. The respective supervisor

will ensure lunch breaks and work breaks directly reflect the duration and timing of the

regular work hours.

Employees are required to take a lunch break each work day. Any deviation from the

normal lunch break of 12:00 p.m. to 1:00 p.m. must be approved through a flex time

schedule, in accordance with the provisions of Section F – Flex Time. While on travel

or conducting Pawnee Nation business outside of the regular workstation, employees

must adhere to the schedule of meetings and/or activities associated with the off-site

business or travel.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 24, 2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

44 of 136

Pawnee Nation of Oklahoma

Section B. Time Reporting

Policy

It is the policy of the Pawnee Nation to provide uniform and consistent standards for time

keeping, including the accurate reporting of employee absences and time worked.

Procedure

I.

II.

III.

IV.

V.

VI.

The time keeping system will be available to all employees. Each supervisor will be

responsible for ensuring each employee has access to the time keeping system.

Employees are responsible for accurate recording of their own time.

Each employee will be provided with a password for the time keeping system.

Employees are prohibited from sharing their password with other individuals.

In the event an employee is unable to clock in or out, the employee shall submit written

notification to his or her supervisor within twenty four (24) hours of the missed clock in

or clock out. The supervisor shall be responsible for correcting the employee’s time

sheet to show the adjusted time.

Employees are prohibited from clocking in and/or out for any other employee.

Supervisors are responsible for ensuring the time keeping system is being used

appropriately by their respective employees.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 24,2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

45 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section C. Attendance

Policy

Daily attendance is important to the successful performance of each employee’s job. Failure to

report to work on time not only disrupts the smooth function of the employee’s own job, but

also inconveniences and may place undue hardship on interrelated jobs, other employees, and

Pawnee Nation tribal members and/or clientele.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

Employees are required to report to their designated work locations at the prescribed

time work is to commence.

In the event an employee cannot report to work as scheduled, the employee must notify

their supervisor within thirty (30) minutes after the employee’s work shift is scheduled

to begin.

In the event an employee is unable to contact their supervisor, the employee must notify

the Office of Human Resources within thirty (30) minutes after the employee’s work

shift is scheduled to begin.

Notification of attendance matters from any individual other than the employee is

prohibited and will not be considered proper notification.

In situations when employee notification is impossible or extremely difficult, such as

hospitalization, exceptions may be made at the supervisor’s discretion.

Supervisor

discretion will be applied, without discrimination, to all employees in similar situations

and equal treatment is required.

Failure to comply with the notification procedures shall be subject to disciplinary action,

as prescribed in Chapter 12. Employee Discipline.

An excused absence will be covered under the Pawnee Nation leave policies. Any

absence that is not covered under the leave policies will be considered unexcused.

Any employee who incurs an unexcused absence shall be subject to disciplinary

action, as prescribed in Chapter 12. Employee Discipline.

Any employee who is absent for three (3) consecutive days without complying with the

notification procedures will be considered to have abandoned their position with the

Pawnee Nation.

APPROVED

September 11,2018

EFFECTIVE

September 11, 2018

SUPERCEDES

November 8, 2008

PAGE

46 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section D. Tardiness / Early Departure

Policy

All Pawnee Nation employees are expected to be reliable and punctual in reporting to their

scheduled work areas. Tardiness and early departure from the assigned work station are not

acceptable work practices at the Pawnee Nation.

Procedure

I.

II.

All tardies and/or early departures will be captured by the time keeping system.

When an employee has an unexcused tardy and/or early departures, the employee

will not be allowed to make up this time.

III.

Unusual circumstances causing tardiness, such as unpredictable inclement weather or

road conditions, will be reviewed by the supervisor. Supervisor discretion will be

applied, without discrimination, to all employees in similar situations and equal

treatment is required.

Any employee who has an unexcused tardies and/or early departure shall be subject to

disciplinary action, as prescribed in Chapter 12. Employee Discipline.

IV.

APPROVED

September 11,2018

EFFECTIVE

September 11, 2018

SUPERCEDES

November 3, 2008

PAGE

47 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section E. Work Breaks

Policy

It is the policy of the Pawnee Nation to recognize that work breaks contribute to employee

productivity. The Pawnee Nation provides all employees with scheduled work breaks which

last a period of fifteen (15) minutes.

Procedure

I.

II.

III.

IV.

V.

VI.

For each four (4) hours of scheduled work, Pawnee Nation employees are permitted and

encouraged to take a fifteen (15) minute break from their daily duties.

Break periods of fifteen (15) minutes are provided for employees who work four or

more consecutive hours. Such a break period may not exceed fifteen (15) minutes,

including the time it takes a person to leave the work area and return to the work area.

Work breaks may not be accumulated or used to shorten the beginning or ending of a

work day.

Each supervisor is obligated to monitor employee work breaks.

Supervisors shall schedule work breaks in accordance with Division, Department, and/or

Program needs, client demands, and with fairness to all employees within the Division,

Department, and/or Program.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 24,2008

EFFECTIVE

November 3, 2008

SUPERCEDES

February27, 1995

PAGE

48 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section F. Flex Time

Policy

It is the policy of the Pawnee Nation to allow employees to request work hours that consistently

suit their individual needs. Flex Time will be granted to employees based on the Division,

Department, and/or Program’s ability to grant flex time and simultaneously continue to maintain

a high level of service to Pawnee Nation clientele.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

All employees regardless of status shall be eligible for Flex Time scheduling.

A flex time schedule shall not result in the employee working less than a FULL-TIME

schedule during the work week. Flex Time work schedules must not cause or contribute

to the need for additional staff or for existing staff to take on additional work.

Supervisors are responsible for ensuring that Flex Time schedules do not adversely

affect the services that are provided to Pawnee Nation tribal members and/or clientele.

Flex Time schedules may consist of a start time which varies between 7:00 a.m. and

9:00 a.m. and an end time which varies between 4:00 p.m. and 6:00 p.m., Monday

through Friday.

Eliminating a scheduled lunch break shall not be allowable when requesting a Flex Time

schedule.

Flex Time schedules are to be approved, using the Flex Time Request form, in advance

by the employee’s supervisor, Human Resources Director, and Executive Director. The

approved Flex Time Request form must be kept on file in the Office of Human

Resources.

All Flex Time schedules shall remain effective from the approval date agreed to by the

employee and supervisor. In the event the employee’s needs change, the Flex Time

schedule may be updated. An updated Flex Time schedule must be approved by the

supervisor.

A supervisor reserves the right to cancel or suspend use of Flex Time schedules and

return an employee to his or her standard schedule if:

The employee’s schedule does not allow the Division, Department, and/or Program to

operate effectively and efficiently; or

a. If changes in operational circumstances necessitate the return to the prescribed

schedule; or

b. If an employee experiences performance problems deemed to be related to the

Flex Time schedule.

Employees on business travel are expected to deviate from their Flex Time schedules to

attend scheduled meetings and/or workshops.

Leave will reflect the hours scheduled for the Flex Time workday. For example, an

employee whose Flex Time schedule reflects a nine (9) hour workday will be charged

nine (9) hours of accrued leave for an approved absence from work on that day.

Employees will only receive eight (8) hours of Holiday Leave, regardless of the number

of Flex Time hours scheduled on the day of the holiday. During weeks where paid

APPROVED

June 23, 2016

EFFECTIVE

June 23, 2016

SUPERCEDES

November 3, 2008

PAGE

49 of 136

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XII.

holidays occur, the Flex Time schedule may be adjusted so that the eight (8) hours of

Holiday Leave does not increase or decrease the total hours scheduled in the work week.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

June 23, 2016

EFFECTIVE

June 23, 2016

SUPERCEDES

November 3, 2008

PAGE

50 of 136

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Chapter 8. Employee Benefits

Section A. General Leave Policy

It is the policy of the Pawnee Nation to provide all REGULAR, INTRODUCTORY and

TEMPORARY employees certain leave benefits identified in this policy. Entitlement to leave

benefits shall be prescribed as follows:

I.

II.

III.

IV.

FULL-TIME REGULAR employees who work forty (40) hours per week are eligible

for all leave and health benefits.

a. Employees who work thirty (30) hours or more per week are required to be

offered health insurance.

PART-TIME REGULAR employees who work at least twenty (20) hours per week are

eligible for all leave benefits on a prorated basis.

PART-TIME REGULAR employees who work less than twenty (20) hours per week,

INTRODUCTORY employees, and TEMPORARY employees are eligible for

Holiday Leave, Administrative Leave, Inclement Weather Leave, and Leave Without

Pay.

FULL-TIME REGULAR employees who also serve on Commissions may either use

Leave Without Pay, Accrued Compensatory Time, or Paid Time Off while attending

events directly related to the Commission (ie. conferences, meetings, trainings, etc.).

Any employee found to have abused Pawnee Nation leave benefits or misrepresented

information as it pertains to leave benefits shall be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline, and may be found liable to repay monies to

the Pawnee Nation.

APPROVED

September 29, 2016

EFFECTIVE

September 30, 2016

SUPERCEDES

November 3, 2008

PAGE

51 of 136

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Section B. Holiday Leave

Policy

It is the policy of the Pawnee Nation to observe the following holidays:

Holiday

New Year’s Day

Day Observed

January 1st

Martin Luther King Jr. Day

President’s Day

Memorial Day

Tribal Homecoming Day

Third Monday in January

Third Monday in February

Last Monday in May

Independence Day

July 4th

Break Camp Day (in lieu of

Columbus Day)

Labor Day

Veteran’s Day

Thanksgiving Day

Pawnee Nation Day

Christmas Day

1 day in conjunction with Homecoming weekend

Employee’s Birthday

1 day in conjunction with Homecoming weekend

First Monday in September

November 11th

Fourth Thursday in November

Day after Thanksgiving

December 25th

Must be taken within the month of the

employee’s birthday.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

The Pawnee Business Council shall approve a list of holidays on an annual basis.

Additional holidays may be designated by the Pawnee Business Council.

The Office of Human Resources shall post and distribute a notice of approved annual

holidays two weeks prior to the beginning of each calendar year.

To be eligible for Holiday Leave, employees must work or be on approved leave the day

before and the day following the holiday

If an employee is required to work on a holiday and does not report to work, the

employee forfeits the Holiday Leave.

Eligible Holiday Leave equals the number of hours each employee is regularly

scheduled to work on the day of the holiday.

Eligible Holiday Leave cannot exceed eight (8) hours.

If required to work on a holiday, an employee will be paid for the number of hours

worked on the holiday plus eligible Holiday Leave.

TEMPORARY employees are eligible for Holiday Leave.

If a holiday falls on Saturday, the holiday will be observed on the preceding Friday. If

the holiday falls on a Sunday, the holiday will be observed on the following Monday.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

June 26, 2013

EFFECTIVE

September 13, 2016

SUPERCEDES

June 26, 2013

PAGE

52 of 136

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Section C. Paid Time Off

Policy

It is the policy of the Pawnee Nation to provide all REGULAR employees with Paid Time Off

to be used for personal or family obligations, vacations, court appearances, legal or business

matters, and any other needs of a personal nature. Paid Time Off shall be accrued according to

the following schedules:

FULL-TIME REGULAR

Length of Employment

0 to 5 years

6+ years

Rate of Paid Time Off Accrual

4 hours per pay period

6 hours per pay period

Maximum Accrual

240

240

Rate of Paid Time Off Accrual

2 hours per pay period

3 hours per pay period

Maximum Accrual

240

240

PART-TIME REGULAR

Length of Employment

0 to 5 years

6+ years

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

Paid Time Off shall be credited at the end of the pay period for which it is earned. Paid

Time Off shall not be used until the pay period following the accrual.

Any employee who is on Leave Without Pay status for a period of more than twentyfour (24) hours will not accrue Paid Time Off during that pay period.

INTRODUCTORY employees shall accrue Paid Time Off. However, Paid Time Off

may not be used during the Introductory Period.

Paid Time Off may be accrued and carried from one year to another, not to exceed twohundred and forty (240) hours. Paid Time Off accruals in excess of two-hundred and

forty (240) hours shall be forfeited.

Paid Time Off must be used in increments of one (1) hour.

Any employee requesting Paid Time Off must enter the request in Paycom.

Employees must receive electronic approval, from their immediate supervisor, at least two

(2) business days in advance of taking the Paid Time Off.

When an emergency prevents an employee from requesting Paid Time Off in advance,

the employee must obtain written approval, from their supervisor, immediately upon

returning to work.

Any employee requesting Paid Time Off in excess of twenty four (24) continuous hours

must request and receive approval at least ten (10) business days in advance of taking

the Paid Time Off.

APPROVED

May 18, 2016

EFFECTIVE

May 18, 2016

SUPERCEDES

September 11, 2015

PAGE

53 of 136

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Human Resources Policies & Procedures

X.

XI.

XII.

XIII.

XIV.

XV.

XVI.

Paid Time Off scheduling preference shall be given to employees based on earliest date

of the request and/or the employee’s seniority. All leave is subject to supervisor’s

approval and the needs of the Division, Department, and/or Program clientele.

When transferred, promoted, demoted, reassigned or placed on an acting assignment, the

employee’s accrued Paid Time Off shall be transferred with the employee.

When transferred, promoted, demoted, or reassigned to a position in which Paid Time

Off does not accrue, an employee will be paid for up to the maximum of two hundred

and forty (240) hours of accrued Paid Time Off.

Paid Time Off may not be used to extend an employee’s date of resignation or to accrue

Compensatory Time.

Upon termination of employment, payment for accrued Paid Time Off cannot exceed

the maximum amount of two hundred and forty (240) hours. Any accrued Paid Time

Off exceeding the maximum of two hundred and forty (240) hours shall be forfeited.

The Office of Human Resources is responsible for maintaining accurate Paid Time Off

accrual amounts.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

May 18, 2016

EFFECTIVE

May 18, 2016

SUPERCEDES

June 26, 2013

PAGE

54 of 136

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Section D. Sick Leave

Policy

It is the policy of the Pawnee Nation to provide Sick Leave to employees when absence from

work is necessary due to the employee’s illness, illness of the employee’s immediate family

member(s) health-related emergencies that require the employee’s immediate attention, or

medical / health appointments of the employee or the employee’s immediate family. Sick

Leave shall be accrued according to the following schedules:

FULL-TIME REGULAR & FULL-TIME INTRODUCTORY

Rate of Sick Leave Accrual

4 hours per pay period

MaximumAccrual

240

PART-TIME REGULAR & PART-TIME INTRODUCTORY

Rate of Sick Leave Accrual

2 hours per pay period

MaximumAccrual

240

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

Sick Leave shall be credited at the end of the pay period in which it is earned. Sick

Leave shall not be used until the pay period following the accrual.

Sick Leave may be accrued and carried from one year to another, not to exceed twohundred and forty (240) hours.

Sick Leave in excess of two-hundred and forty (240) hours shall be forfeited.

Sick Leave may be used in increments of one (1) hour.

In the event of an unforeseen illness or emergency, Sick Leave will only be paid to the

employee if the provisions of Chapter 7. Time and Attendance, Section C – Attendance,

have been met.

For absences of twenty four (24) or more consecutive work hours, an employee may be

required to submit written proof of illness from a physician.

When abuse of Sick Leave is suspected, written proof of illness from a physician may be

required for less than twenty four (24) hours absence.

Immediately upon returning to work from an absence, employees must request the use of

Sick Leave on the approved Leave Request form.

Accrued Sick Leave may be taken during an employee’s Introductory Period. If the

employee does not satisfactorily complete the Introductory Period, the value of any Sick

Leave used during the Introductory Period shall be deducted from the employee’s final

paycheck.

All other employees may use Leave Without Pay in lieu of Sick Leave.

Employees approved for Family Medical Leave may request the use of accrued Sick

Leave.

APPROVED

September 11, 2015

EFFECTIVE

September 11, 2015

SUPERCEDES

January9, 2013

PAGE

55 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

XII.

XIII.

XIV.

When transferred, promoted, demoted, reassigned, or placed on an acting assignment,

the employee’s Sick Leave balance shall be transferred with the employee.

Upon separation from employment with the Pawnee Nation, employees shall not be paid

for accrued Sick Leave.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

January9, 2013

PAGE

56 of 136

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Human Resources Policies & Procedures

Section E.Administrative Leave

Policy

The Executive Director may grant Administrative Leave for purposes that are in the best

interest of the Pawnee Nation.

A Division Director, with concurrence of the Executive Director, may grant Administrative

Leave at thei discretion to an employee within their Division as an incentive.

Procedure

I. The Executive Director may, under certain circumstances, declare non-essential tribal

operations closed for certain events and/or activities. Such activities or events include,

but are not limited to, cultural events, memorials, community events, job related

testing / training, employee performance issues, and emergency situations.

II. Administrative Leave shall be paid to employees based on the number of hours the

employee was scheduled to work when the Administrative Leave was granted, not to

exceed eight (8) hours per day.

III. Administrative Leave granted to an employee by the Division Director for the

purpose of an incentive can be granted in one (1) hour increments, not to exceed

eight (8) hours per day.

IV. Administrative Leave may not be used in lieu of an employee’s scheduled Paid Time

Off or other absence.

V.

While summoned to court for Jury Duty, Administrative Leave will be used

provided copy of summons is provided to the supervisor.

VI. While under investigation for alleged misconduct, an employee may be placed on

Administrative Leave.

VII. For matters involving alleged employee misconduct, Administrative Leave will be

used as prescribed in Chapter 12. Employee Discipline.

VIII. The use of Administrative Leave for the investigation of alleged employee

IX.

misconduct may not exceed five (5) business days.

An employee may or may not be provided compensation when Administrative Leave

is used to investigate alleged misconduct by the employee.

X.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

April 12, 2017

EFFECTIVE

April 12, 2017

SUPERCEDES

September 30, 2016

PAGE

57 of 136

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Human Resources Policies & Procedures

Section F. Inclement Weather Leave

Policy

It is recognized that severe weather conditions may prevent employees from reporting to work

and, in some cases, for Pawnee Nation operations to be closed or delayed. Although employees

are expected to report to work at their assigned times regardless of weather conditions, it is the

policy of the Pawnee Nation to allow employees to make inclement weather travel decisions in

accordance with their own personal safety needs.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

Inclement weather travel decisions rest on the employee.

In the event of inclement weather conditions, all employees will make a good faith effort

to report to work on time. This includes, but is not limited to, allowing sufficient travel

time and using alternate routes or alternate methods of transportation.

An employee who is unable to report to work due to inclement weather shall first use

any accrued Compensatory Time or accrued Paid Time Off. The employee shall be

placed on Leave Without Pay, if no other leave is available. It is the employee’s

responsibility to provide notice of his or her inability to report to work, in accordance

with Chapter 7. Time and Attendance.

An employee may request to report to work at a later time and/or to leave early due to

inclement weather conditions. This request must be made to the immediate supervisor

and accrued Compensatory Time or Paid Time Off shall be used. The employee shall be

placed on Leave Without Pay, if no other leave is available.

The Executive Director, with concurrence of the Pawnee Business Council President,

may elect to close or delay the opening of Pawnee Nation offices. In this event, such

decisions will be transmitted to the Division Directors and/or the public media for

distribution to Pawnee Nation staff. A closure will apply to all Divisions, Departments,

and Programs, except those designated as essential service providers.

All employees will be compensated at their regular pay rate for the designated length of

time that Pawnee Nation offices are closed.

The Executive Director will specify the Divisions, Departments, and Programs required

to maintain essential services when the Pawnee Nation is closed. Such Divisions,

Departments, and Programs will be notified of their status as essential service providers.

In addition, employees identified as essential service providers will not be granted

Inclement Weather Leave.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

January9, 2013

PAGE

58 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section G.Bereavement Leave

Policy

It is the policy of the Pawnee Nation to provide employees with Bereavement Leave upon the

death of an immediate family member, as defined in Chapter 2. Employment Practices, Section

F – Hiring of Relatives / Nepotism. In addition, Bereavement Leave shall also be provided upon

the death of an extended family member. Bereavement Leave for immediate family members

and extended family members are provided in accordance with the following schedules:

FULL-TIME & PART-TIME REGULAR

Immediate Family

3 Working Days

Extended Family

One Working Day

Procedure

I.

II.

III.

IV.

An eligible employee may take Bereavement Leave on any scheduled workday between

the date of death and the date of burial of the family member.

Employees who request additional leave may use Compensatory Time, Paid Time Off,

or Leave Without Pay.

Immediately upon returning to work from an absence, employees must request the use of

Bereavement Leave on the approved Leave Request form.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 11, 2015

EFFECTIVE

September 11, 2015

SUPERCEDES

January9, 2013

PAGE

59 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section H. Education Leave

Policy

The Pawnee Nation recognizes the value of higher education and encourages the professional

growth of its employees. Therefore, it is the policy of the Pawnee Nation to promote training,

education, and career development in all employees.

Procedure

I.

FULL-TIME REGULAR employees who have been employed with the Pawnee Nation

for a period of at least one (1) year are eligible for Education Leave and may be

granted up to six (6) hours a week to attend courses at an accredited educational

institution or vocational training center.

II. Employees must submit a written request along with proof of enrollment to immediate

supervisor and receive written approval, from their immediate supervisor, at least thirty

(30) calendar days in advance of taking Education Leave.

III. Before approving Education Leave, supervisors must ensure that the employee’s

performance record is satisfactory and work assignments will not be negatively

affected by the employee’s absence from his or her workstation.

IV. Education Leave shall be arranged in accordance with Chapter 7. Time and

Attendance, Section F – Flex Time.

V. To receive Education Leave pay, employees must submit a Leave Request form.

VI. Upon successful completion of a course at an educational institution or vocational

training center, employee must submit an official transcript or training certificate to the

Office of Human Resources to be placed in employee personnel file.

VII. Any employee found to have abused this policy or misrepresented information as it

pertains to educational leave benefits including failure to successfully complete the

course shall be subject to disciplinary action, as prescribed in Chapter 12. Employee

Discipline, and may be found liable to repay monies to the Pawnee Nation.

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

January9, 2013

PAGE

60 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section I. Worksite Wellness Leave Policy

Policy

The Pawnee Nation recognizes that healthy employees are more productive in their daily work.

Therefore, it is the policy of the Pawnee Nation to encourage and support employee participation in

wellness programs.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

Participation in any non job-related physical fitness activity is voluntary. The Pawnee Nation will

not be held liable for any injury or death resulting from employee participation in any physical

fitness program.

Employees taking advantage of Worksite Wellness Leave will not be eligible for Worker’s

Compensation benefits, should an injury result from or during Worksite Wellness Leave.

Employees may be granted two and one-half (2.5) hours of Worksite Wellness Leave per week,

so that the employee may participate in Worksite Wellness.

Intervals of Physical Fitness Leave may not exceed one (1) hour.

Employees are required to request Worksite Wellness Leave in accordance Chapter 7. Time and

Attendance, Section F – Flex Time.

Before approving Worksite Wellness Leave, supervisors must ensure that the employee’s

performance record is satisfactory and work assignments will not be negatively affected by the

employee’s absence from his or her workstation. Worksite Wellness Leave privileges may be

revoked by the employee’s supervisor at any time with notice.

Before participating in Worksite Wellness Leave, employees must sign a Worksite Wellness

Waiver form. The original, signed waiver must be on file in the Office of Human Resources in

order for Worksite Wellness Leave to be granted. Full-time REGULAR employees are eligible

for Worksite Wellness Leave.

Any employee found violating this policy will be subject to disciplinary action, as prescribed in

Chapter 12. Employee Discipline.

APPROVED

September 11, 2015

EFFECTIVE

September 11, 2015

SUPERCEDES

January9, 2013

PAGE

61 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section J. Military Leave

Policy

It is the policy of the Pawnee Nation to provide Military Leave to employees who have been

inducted or recalled to active duty in the Armed Forces of the United States.

Procedure

I.

II.

III.

IV.

V.

VI.

All FULL-TIME REGULAR employees who are called into active duty in a branch of

the United States Armed Forces or are members of the Reserve components of the

United States Armed Forces are eligible for Military Leave. Such Military Leave will

allow employees to report for active duty, required military training, and other such

activities.

An employee must present official orders requiring attendance for training, active duty,

or other such activity within ten (10) business days of receiving such orders. No notice

is required if military necessity prevents it or the giving of notice is otherwise

impossible or unreasonable.

An employee on Military Leave may request to use Compensatory Time or Paid Time

Off to offset wages.

Using Military Leave will not result in the loss of any employment benefits accrued

before the date that the Military Leave began.

Reinstatement from Military Leave

a. An employee returning from extended military service shall be reinstated within

ninety (90) days after discharge to the level of benefits and seniority that the

employee would have been entitled had the service not occurred.

b. It is the responsibility of the employee to notify the Pawnee Nation Office of

Human Resources of their intent to return to work within ten (10) business days

of discharge.

c. An employee returning from extended military service shall be reinstated into a

position that is comparable to the one held at the time the employee left for

military service. The following are conditions that must be met in order for

reinstatement to occur:

i. The employee must have served 180 consecutive days with the Armed

Forces of the United States of America;

ii. The employee must have received a discharge under honorable

conditions;

iii. The employee must be physically able to perform the duties of the

position; and

iv. The employee must provide a written request for reinstatement, provided

the employee is able to perform the required services of the position.

In the event funding for the employee’s previous position has been exhausted or expired,

the Pawnee Nation will make reasonable efforts to reassign the employee to another

position in accordance with Chapter 4. Employment Status.

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

January9, 2013

PAGE

62 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

VII.

VIII.

Current employees who enlist in the Armed Forces of the United States are not eligible

for Military Leave and must resign from employment with the Pawnee Nation.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 11, 2015

EFFECTIVE

September 11, 2015

SUPERCEDES

January9, 2013

PAGE

63 of 136

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Human Resources Policies & Procedures

Section K. Family Medical Leave

Policy

It is the policy of the Pawnee Nation to provide eligible employees with up to twelve (12)

weeks of unpaid job-protected family or medical leave for the employee’s serious health

condition, for the birth or adoption of a child, and for the care of a child, spouse, or parent who

has a serious health condition.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

XII.

XIII.

To be eligible, an employee must have worked for the Pawnee Nation for at least twelve

(12) months. Furthermore, the employee must have worked at least 1,250 hours in the

twelve (12) months immediately preceding the start date of the leave.

Family Medical Leave may be used for any of the following reasons:

The birth of any employee’s child / children;

a. The adoption of a child or official placement with the employee for foster care;

b. The care of a son, daughter, spouse, or parent having a serious health condition;

or

c. When the employee is unable to perform the functions of his/her position

because of a serious health condition.

Family Medical Leave documentation and, if possible, reasonable advanced notice, are

required.

Family Medical Leave is unpaid leave. During Family Medical Leave, an employee on

leave may choose to use his/her Compensatory Time, Paid Time Off, or Sick Leave.

Employees are required to submit medical certification to support a claim for Family

Medical Leave for an employee’s own serious health condition or to care for a seriously

ill child, spouse, or parent.

When the need for Family Medical Leave is foreseeable, such as the birth or adoption of

a child, or planned medical treatment, the employee must provide advance notice and

make efforts to schedule leave so as not to disrupt Division, Department, and/or

Program operations.

In cases of illness, the employee will be required to report periodically to the immediate

supervisor on his/her leave status and intent to return to work. To resume work, medical

certification is required.

During the employee’s absence, his/her position may be filled on a temporary basis.

Upon return from Family Medical Leave, an employee shall return to the same position

occupied prior to the approved leave.

An employee shall maintain the level of benefits and seniority that the employee would

have been entitled had the Family Medical Leave not occurred.

During an absence for Family Medical Leave, the Pawnee Nation will continue to pay

the employee’s portion of health insurance benefits, provided the insurance was if force

when the leave began.

An employee’s failure to return to work after the duration of approved Family Medical

Leave shall be deemed job abandonment.

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

January9, 2013

PAGE

64 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

XIV.

XV.

The Office of Human Resources is responsible for maintaining applications and forms

for Family Medical Leave.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 11, 2015

EFFECTIVE

September 11, 2015

SUPERCEDES

January9, 2013

PAGE

65 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section L. Leave Sharing

Policy

It is the policy of the Pawnee Nation to provide financial assistance to employees who qualify

for certain conditions of the Family Medical Leave Policy.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

An employee who has been affected by a medical emergency and is unable to perform

the functions of his/her position because of a serious health condition may request, in

writing, to become a recipient of leave under the Leave Sharing Policy.

The Human Resources Director shall notify all employees, in writing, when a recipient

is eligible to receive leave donations.

Any employee donating leave must submit to the Human Resources Director a Leave

Donation form stating the number of hours of accrued Paid Time Off and/ or Sick Leave

to be transferred to the approved leave recipient.

Employees may not donate leave to their immediate supervisor.

An employee who is a recipient of Leave Sharing may only use that amount of donated

leave that would not represent more than the employee’s regular pay.

An employee approved as a leave recipient who actively solicits leave donations from

other Pawnee Nation employees will be subject to disciplinary action, as prescribed in

Chapter 12. Employee Discipline.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

June 23, 2016

EFFECTIVE

June 23, 2016

SUPERCEDES

November 3, 2008

PAGE

66 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section M. Leave Without Pay

Policy

It is the policy of the Pawnee Nation to grant Leave Without Pay when other forms of leave are

not available.

Procedure

I.

II.

III.

IV.

All accrued leave must be exhausted before an employee may apply or be approved for

Leave Without Pay.

Any employee requesting Leave Without Pay must use the approved Leave Request

Form.

Any employee who uses more than twenty-four (24) hours of Leave Without Pay during

a single pay period will not accrue Paid Time Off or Sick Leave for that pay period.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

September 11, 2015

EFFECTIVE

September 11, 2015

SUPERCEDES

January9, 2013

PAGE

67 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section N. Leave of Absence

Policy

It is the policy of the Pawnee Nation to allow employees the opportunity to balance their work

and family lives. Employees may take a Leave of Absence to manage personal matters that are

not covered or related to other Pawnee Nation leave benefits, such as FMLA.

Procedure

I.

II.

III.

IV.

V.

VI.

Upon recommendation of the Division Director and the Human Resources Director, with

concurrence of the Executive Director, a FULL-TIME REGULAR employee who has at

least one (1) year of service may be granted leave without pay for a specified period of

time, not to exceed six (6) months.

If it is determined the absence of the employee would be detrimental to the employee’s

Division, Department, and/or Program, the Leave of Absence request will be denied.

At the expiration of the Leave of Absence, the employee shall return to work to the same

position, when reasonably possible.

An employee’s failure to report to work within three (3) consecutive working days from

the expiration date for the Leave of Absence shall be deemed job abandonment.

A Leave of Absence in excess of thirty (30) days shall constitute a break in service and

benefits and service dates will be adjusted accordingly.

Continued coverage of health benefits must be paid to the Pawnee Nation by the

employee on or before the due date of the benefit premiums.

APPROVED

June 26, 2013

EFFECTIVE

June 26, 2013

SUPERCEDES

January9, 2013

PAGE

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Section O. Victims of Domestic Violence Leave

Policy

The Pawnee Nation recognizes that victims of domestic violence may find it necessary to take leave

in order to protect themselves or their loved ones from perpetrators of violence. It is the policy of the

Pawnee Nation to provide eligible employees with up to (2) weeks of unpaid job-protected leave for

the employee’s health and safety after an incident of domestic violence. Regular, full-time

employees are eligible for Victims of Domestic Violence Leave.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

It is the responsibility of the victim to notify their supervisor and Human Resources of

any incidents of domestic violence, sexual assault, stalking, or dating violence and any

legal action which is being taken (i.e. Protective Orders, Emergency Temporary Custody,

etc.)

Victim confidentiality shall be protected to the greatest extent possible.

The victim shall give written authorization to the Office of Human Resources for the

release of information regarding any incidents of violence, stalking, or violation to a

Protective Order at the workplace.

The victim shall be directed to notify Pawnee Nation Law Enforcement of the incident

and any Protective Orders associated.

Should a victim of domestic violence, stalking, dating violence, or sexual assault need to

take leave to deal with any issue associated to the abuse, the victim will notify their

supervisor and request to use their accrued leave.

Should no accrued leave be available, the victim will be eligible for up to two weeks of

unpaid leave to attend court, make familial living arrangements, heal external and internal

wounds, and any other necessary activities associated with the case.

Should it become necessary for the victim to leave his or her position with the Pawnee

Nation, the Office of Human Resources will assist the victim with applying for

Unemployment Insurance.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12, Employee Discipline.

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

December 2, 2015

PAGE

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Section P. General Health Benefit Policy

Policy

It is the policy of the Pawnee Nation to provide eligible employees with a health benefit

package. The Pawnee Nation is committed to encouraging a healthy and productive

workforce, through health based initiatives and programs designed to promote the health and

wellness of Pawnee Nation employees. The Pawnee Nation reserves the right to add,

eliminate or in other ways modify any discretionary benefits based on the Nation’s capacity to

fund the benefits.

Procedure

I.

II.

III.

IV.

V.

According to the Affordable Care Act employees are eligible for health

insurance on the first day of the month following sixty (60) days of

employment.

Employees will be eligible for all other benefits offered by the Pawnee

Nation on the first day of the first month following successful completion

of the Introductory Period.

The cost of group health insurance benefits are determined by the Pawnee

Nation’s financial budget procedures.

All contracts with health providers will be kept on file in the Division of Finance and

the Office of Human Resources. Eligibility and enrollment requirements will be

determined by such contracts.

Health insurance benefits, if applicable, may continue for a maximum of six (6)

months while the employee is on medical leave. The employee will be responsible

for payment of their portion of the benefit.

Section Q. Employee Assistance Program

{RESERVED}

APPROVED

June 23, 2016

EFFECTIVE

June 23, 2016

SUPERCEDES

June 26, 2013

PAGE

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Chapter 9. Employee Conduct

Section A. General Code of Conduct Policy

It is the policy of the Pawnee Nation to require employees to conduct themselves in a

professional manner at all times. With respect to conduct, Pawnee Nation employees are

expected to comply with all applicable tribal, state, and federal laws, and policies of the Pawnee

Nation. In general, the use of good judgment will guide employees with respect to lines of

acceptable conduct. If a situation arises where it is difficult to determine the proper course of

action, the matter should be discussed with the appropriate supervisor and/or the Human

Resources Director.

The Pawnee Nation believes that each employee is a representative of the Pawnee Nation. In

this role, each employee is obliged to conduct themselves in a manner that will reflect positively

upon the Pawnee Nation. It is the responsibility of employees to familiarize themselves and to

comply with all personnel policies of the Pawnee Nation.

In addition to the provisions of this Chapter, each employee of the Pawnee Nation shall:

•

•

•

•

Show courtesy, respect, cooperativeness, diligence and tact in dealings with supervisors,

co-workers, elected officials, and the general public at all times;

Provide full, efficient, and industrious service to the people of the Pawnee Nation;

Refrain from engaging in any interest or association, which would, or might appear to,

influence or interfere with the independent exercise of his/her judgment in the best

interest of the Pawnee Nation; and

Refrain from using his/her position to influence transactions involving purchases,

contracts, leases, or other business dealings which advance personal interests or those of

his/her friends or relatives.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

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Section B. Personal / Professional Behavior

Policy

The Pawnee Nation expects each employee to uphold the integrity of the Pawnee Nation and the

confidence the Nation placed in the employee pursuant to his/her employment. While

employed, an employee’s private life is his/her own personal matter. However, an employee’s

personal activities cannot disrupt the employee’s work, the work of others, or the workplace. In

the event an employee commits an unlawful act while on or off the job or on Pawnee Nation

premises, the employee may be subject to disciplinary action, up to and including termination.

APPROVED

September 11, 2015

EFFECTIVE

September 11, 2015

SUPERCEDES

January 9, 2013

PAGE

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Section C.Personal Appearance

Policy

It is the policy of the Pawnee Nation to maintain dress, grooming, and cleanliness standards as

they contribute to the professional image presented to Pawnee Nation tribal members, clientele,

and the general public. Each employee’s grooming, and personal hygiene should be appropriate

to the work environment.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

Employees should dress according to the requirements of their positions, as determined

by the appropriate supervisor, with concurrence of the Human Resources Director.

Employees who have regular contact with the public are expected to dress in a manner

that is normally acceptable in similar organizations.

Dress and personal appearance of employees who do not regularly interact with the

public may be regulated by the requirements of safety or comfort, but should still be as

neat and business-like as working conditions permit. Radical departures from

conventional dress or personal grooming and hygiene standards are not permitted.

Supervisors, in concurrence with the Human Resources Director, will determine

acceptable standards.

Ripped, disheveled clothing, unkempt appearance, or other inappropriate clothing or

appearance is not permitted. An employee may be asked to leave the workplace until

properly dressed or groomed. Under such circumstances, the employee will not be

compensated for the time away from work.

Employees should not wear suggestive attire, jeans, athletic clothing, shorts, hats, flip

flops, or similar attire that do not present a professional appearance.

Hair should be clean, combed, and neatly trimmed or arranged. Regardless of length,

unkempt hair is not permissible.

Hickeys, which are defined as visible bruising marks from a consensual sexual act, may

not be visible.

The Pawnee Nation reserves the right to designate a “casual day” for employees to dress

in a more casual fashion than is normally required. On such occasions, employees are

still expected to present a neat appearance. Permissible attire on these days includes:

a. Athletic wear, jeans and T-shirts in good condition;

b. Novelty T-shirts with pictures and logos should not be offensive and must be

appropriate to the workplace; and

c. Shorts and hats are not permitted.

On “casual days” when the Pawnee Business Council is in session, members of the

Executive Office, as well as individuals scheduled to speak before Council, shall wear

business-like attire.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

73 of 136

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Human Resources Policies & Procedures

SectionD.Inappropriate Conduct

Policy

Employees shall avoid any conduct that any reasonable person would deem unacceptable.

Conduct which is deemed to be inappropriate shall be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

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Section E. Supervisor / Employee Relationship

Policy

It is the policy of the Pawnee Nation that all employees are assigned, directed, and evaluated by

a supervisor.

Procedure

I.

Supervisors are responsible for providing an effective link between management and

employees. Therefore, supervisors are expected to communicate the goals and policies

of management to the employees within their supervision.

II.

Supervisors are responsible for ensuring implementation of the employee conduct and

performance goals established in this manual.

III.

Employees are expected to comply with and respond to the directions and instructions of

their supervisor. When an employee disagrees with a supervisor’s directive, the

employee is encouraged to express their opinions and points of view in a courteous and

respectful manner, while complying with such direction.

IV.

In the event that a supervisor is out-of-the-office, the chain-of-command dictates that

supervisory responsibilities transfer to the supervisor’s immediate supervisor.

V.

Employees shall follow the chain of command by addressing any concerns to their

immediate supervisor.

VI.

Any employee found violating this policy will be subject to disciplinary action as

prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

75 of 136

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SectionF.Confidentiality

Policy

It is the policy of the Pawnee Nation to require all employees to protect privileged information

about clients, personnel actions, property acquisitions, Pawnee Nation financial transactions, or

any other confidential information to unauthorized individuals or entities. This prohibition

applies during and after each individual’s employment with the Pawnee Nation.

Procedure

I.

II.

III.

IV.

V.

VI.

All employees will be required to sign a Confidentiality Agreement form.

Information deemed confidential includes, but is not limited to:

a. Personal data on Pawnee Nation clients;

b. Applicant or employee information;

c. Medical records;

d. Criminal histories;

e. Financial transactions; and

f. Enterprise data

Employment Information shall be released in accordance with Chapter 15. Personnel

Records of this manual.

Confidential information should only be released with prior approval from the

supervisor. In addition, confidential information may only be released to an approved

individual or in response to a subpoena or authorized request.

Members of the Pawnee Nation have a right to know how services are being provided

and public service activities are being conducted. If there is a question as to whether a

person’s right to know conflicts with maintaining confidentiality, the supervisor shall

make the decision as to whether or not that information will be released.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

76 of 136

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Section G. Press Releases

Policy

Employees shall not give information to the press, unless proper authorization has been granted.

Procedure

I.

II.

III.

IV.

V.

The Executive Director has the authority to approve routine or Division, Department,

and Program related press releases or statements to the press.

All press releases shall be submitted to the Division Director and forwarded to the

Communications Office for review.

The Communications Office will forward the release to the Executive Director for

approval. The Executive Director shall forward the approved press release to the

Pawnee Business Council President, who will authorize the press release.

The Communications Office will facilitate the release of approved information to the

press.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

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Section H. IntellectualProperty Rights

Policy

Correspondence, papers, documents, computer files, and all such items produced by an

employee in the course of his/her work are considered property of the Pawnee Nation. Any

unauthorized removal, reproduction, and/or disclosure are strictly prohibited and will be subject

to disciplinary action, as prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

78 of 136

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Section I. Political Activity

Policy

Employees are encouraged to exercise their political rights as citizens, to vote as they may

choose, to support a candidate of their choice, and to express their political opinions outside of

work hours and away from the workplace.

Procedure

I.

II.

III.

IV.

Employees may not:

a. Use his/her official authority or workplace for the purpose of interfering or

affecting the result of an election or nomination with the Pawnee Nation Tribal

government;

b. Directly or indirectly coerce, attempt to coerce, command, or advise a fellow

employee to pay, lend, or contribute anything of value to a party, committee,

organization, agency or person to further a political purpose; or

c. Engage in any political activity during scheduled working hours or at the

workplace.

Employees may be a candidate for public office outside of the Pawnee Nation, as long as

those activities do not conflict with Pawnee Nation employment.

An employee who chooses to run for public office, within the Pawnee Nation, shall be

permitted to continue on their jobs, but shall be prohibited from campaigning during

working hours. Any questions concerning the conduct of political activity should be

directed to the employee’s supervisor, Division Director, and/or the Executive Director.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

79 of 136

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Section J. Receipt of Gifts

Policy

It is the policy of the Pawnee Nation to prohibit employees from receiving gifts from outside

entities while performing official duties of their position. Any employee found violating this

policy will be subject to disciplinary action, as prescribed in Chapter 12. Employee Discipline.

APPROVED

March 27, 2013

EFFECTIVE

March 27, 2013

SUPERCEDES

September 24,2008

PAGE

80 of 136

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Human Resources Policies & Procedures

Section K.Outside Employment

Policy

The Pawnee Nation reserves the right to prohibit employees from working for outside

organizations, when such employment interferes with the proper and effective performance of

Pawnee Nation job duties or results in a conflict of interest. Outside employment must not

reflect negatively on the integrity of the employee or the Pawnee Nation.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

Employees who wish to engage in outside employment must submit written notice to

their supervisor. The notification shall include:

a. Pertinent information about the external employer;

b. The nature of the job; and

c. The hours of employment.

The supervisor will forward the employee’s notification and the supervisor’s

recommendation for approval or disapproval to the Division Director and the Human

Resources Director.

If outside employment is approved, the employee may not use Pawnee Nation tools,

material, or equipment to perform duties associated with the outside employment.

In the event that outside employment interferes with an employee’s ability to perform

their job duties at the Pawnee Nation, the supervisor may revoke approval of outside

employment.

At the time of hire or during orientation, new hire employees must inform their

supervisor of outside employment.

Consulting to the Pawnee Nation is allowed by an employee, so long as it does not

directly relate to the position in which the employee is regularly appointed and is not

conducted during normal working hours.

Self-employment is considered outside employment.

Any employee found to violate this policy is subject to disciplinary action, as prescribed

in Chapter 12. Employee Discipline.

APPROVED

Nov. 12, 2014

EFFECTIVE

September 13, 2016

SUPERCEDES

Nov. 12, 2014

PAGE

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Section L.Solicitation

Policy

It is the policy of the Pawnee Nation to prohibit employees or other persons from soliciting its

employees during working time.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

No employee shall circulate any electronic, written or printed solicitation material in

work areas at any time, during his/her working time, or during the working time of the

employees to whom such activity is directed.

Employees who are not scheduled to work must not be on Pawnee Nation premises to

solicit to other employees.

Employees may post approved information and notices concerning their department

activities on Pawnee Nation bulletin boards outside the main entrances to buildings. The

Pawnee Nation prohibits posting on windows, doors, or buildings; such actions shall be

considered defacing Tribal Property.

Flyers and announcements may not contain obscene language and/or pictures. If a

posting is offensive, the posting shall be removed.

The staff of the Executive Director shall remove notices from all posting areas on a

predetermined schedule. All posting areas will be checked regularly during normal

working hours to remove dated notices and postings in violation of this policy.

Any deviation from this policy is subject to approval by the Executive Director.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

Nov. 12, 2014

EFFECTIVE

Nov. 12, 2014

SUPERCEDES

March 27, 2013

PAGE

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Section M. Conditions of Work Area

Policy

It is the policy of the Pawnee Nation to provide employees with a safe and well-functioning

work environment. Employees are expected to keep their work areas clean and orderly and are

expected to comply with all applicable safety, health, and Division, Department, and Program

requirements.

APPROVED

Nov. 12, 2014

EFFECTIVE

Nov. 12, 2014

SUPERCEDES

March 27, 2013

PAGE

83 of 136

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Section N. Tobacco Free Work-site Policy

Policy

It is the policy of the Pawnee Nation to provide a safe and healthy working environment and to

promote the health and wellbeing of employees and all persons visiting Pawnee Nation Work-site

Governmental properties. It is the regulation of Pawnee Nation to prohibit the use of all commercial

tobacco products, (i.e., electronic devices, cigarettes, cigars, pipes, and spit tobacco) inside or

outside Pawnee Tribal office complex during working hours, including rest rooms, conference

rooms, lounge areas, parking lots and warehouse spaces. The Pawnee Nation supports the

philosophy that every person has the right to breathe clean air. It is recognized that smoking is

dangerous to the health of the smoker. Tobacco smoke in a close area also increases a health hazard

to non-smokers, such as those with heart disease, respiratory disease, or allergies.

Procedure

I.

The Pawnee Nation carries the designation of a “Tobacco-Free Campus.”

II.

Managers and Supervisors are responsible for enforcing this policy with their

subordinates.

III.

Visitors to the Pawnee Nation shall be asked to observe our “Tobacco-Free Campus”

policy.

IV.

Commercial tobacco use is defined as recreational tobacco use not for the purposes of

prayer or ceremony.

V.

At all times, the promotion of a healthy work environment for all employees and visitors

shall be prioritized without hindering or denying religious practice or belief.

VI.

Visitors and employees who are asked to observe this policy shall be provide with an

informational brochure outlining the smoking and tobacco use secession programs

available at the Pawnee Nation.

VII.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

December 2, 2015

EFFECTIVE

January 1, 2016

SUPERCEDES

November 12, 2014

PAGE

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Section O. Tools and Equipment

Policy

It is the policy of the Pawnee Nation to provide all employees with the tools and equipment

required to adequately perform the functions of their position. Employees who have tools

and/or equipment assigned to them shall be responsible for such equipment. If equipment is

destroyed or damaged through neglect, misuse, carelessness, or failure to follow instructions,

the employee may be required to pay for the damage or destruction. Incidents of damage or

destruction to Pawnee Nation tools and/or equipment may be referred to the Pawnee Nation’s

Attorney General for prosecution in tribal court.

APPROVED

Nov. 12, 2014

EFFECTIVE

Nov. 12, 2014

SUPERCEDES

March 27, 2013

PAGE

85 of 136

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Section P. Visitors in the Workplace

Policy

To maintain efficiency and safety in the workplace, personal visitors are allowed only during

designated breaks and lunch periods. With supervisory approval, children may be allowed in

the workplace during emergency situations. Any employee found violating this policy will be

subject to disciplinary action, as prescribed in Chapter 12. Employee Discipline.

APPROVED

Nov. 12, 2014

EFFECTIVE

Nov. 12, 2014

SUPERCEDES

March 27, 2013

PAGE

86 of 136

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Section Q. Personal Mail / Telephone Calls

Policy

It is the policy of the Pawnee Nation to provide tools, such as telephones and mail service, to

effectively perform the functions of their job. Employees are expected to use these tools to

conduct business on behalf of the Pawnee Nation.

Procedure

I.

II.

III.

IV.

V.

VI.

Employees with access to Pawnee Nation telephones, including cell phones, are

expected to use telephone equipment and service in accordance with usual business

standards.

On occasion, and with supervisor approval, an employee may make personal phone calls

during work breaks.

Personal long distance phone calls are not permissible.

Employees are prohibited from using Pawnee Nation resources to send or receive

personal mail.

Employees are prohibited from receiving personal mail at any official Pawnee Nation

address.

Any employee found violating this policy will be subject to disciplinary action, as

prescribed in Chapter 12. Employee Discipline.

APPROVED

Nov. 12, 2014

EFFECTIVE

Nov. 12, 2014

SUPERCEDES

March 27, 2013

PAGE

87 of 136

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Human Resources Policies & Procedures

Section R. General Harassment

Policy

The Pawnee Nation is committed to ensuring a workplace free from all types of harassment

and to maintain a safe and positive workplace, free of bullying. All incidents of harassment or

bullying will be taken seriously and will be dealt with appropriately.

Procedure

I.

All employees must maintain a work environment free of any form of harassment and

bullying.

II. Employees are directed to take any complaint of harassment or bullying to the Human

Resources Director immediately after the incident occurs. This includes any incident of

harassment or bullying that the employee has personally witnessed, experienced, or

received through a report.

III. Allegations may be made verbally or in writing. To the greatest extent possible the

following information should be included:

a.

The identity of the alleged harasser:

b.

The conduct which is deemed harassment:

c.

Where the harassment occurred:

d.

What the complaint said and/or did in response to the alleged harassment

e.

The identity of any witness or other individuals who have knowledge of the alleged

harassment and

f.

Any other relevant information or documents.

IV. In the event an allegation is made verbally, the Human Resources Director must

interview the complaint and document the allegation. Upon completion of the interview,

the document will be certified for accuracy by the individual being interviewed and if

needed passed along to Pawnee Nation Law Enforcement.

V. The Human Resources Director will promptly initiate his/her own investigation or initiate

an external investigation of all complaints of harassment and bullying. The investigation

will determine:

a.

The validity of the allegation

b.

What if any corrective action is to be taken

c.

What, if any, disciplinary action is to be taken.

VI.

The determination of the Human Resources Director or external investigator shall be

subject to review through Chapter 13 Employee Grievance.

VII. In the event the Human Resources Director is the complainant or the alleged harasser or

doing the bullying the Executive director shall assume the role of receiving the allegation,

initiating the investigation process and making the final determination of the validity of

the allegation.

APPROVED

EFFECTIVE

SUPERCEDES

PAGE

December 2, 2015

December 2, 2015

November 12, 2014

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VIII.

In the event the Executive Director is the complainant or the alleged harasser or doing the

bullying, the Pawnee Business Council shall receive the allegation, investigate and make

the final determination of the validity of the allegation.

IX.

In the event the harassment or bullying is being done by a non-employee, the Human

Resources Director with concurrence of the Executive Director shall determine the

measures necessary to address the conduct, given the Nations relationship with the nonemployee by law.

X.

All complaints and investigations shall be kept as confidential as possible and will be

investigated fully and completely.

XI.

No employee will be subject to retaliation of any type for reporting an incident of

harassment. Any person who retaliates against and employee for reporting harassment or

bullying will be subject to disciplinary action as prescribed in Chapter 12 Employee

discipline.

XII.

To maintain workplace safety and to maintain the integrity of the investigation employees

may be placed on leave consistent with provisions of Chapter 8, Employee benefits,

Section E. Administrative Leave.

XIII. Examples of harassment and bullying include but not limited to:

a. Unwarranted or invalid criticism

b. Blame without factual justification

c. Being treated differently than the rest of your work group

d. Being sworn at or cussed at

e. Exclusion or social isolation

f. Being shouted at or being humiliated

g. Inappropriate monitoring or micro-managing

h. Being given work with unrealistic deadlines

i. Actions that are intended and are perceived to intimidate the employee

j. Actions that are intended and are perceived to degrade or humiliate or undermine an

employee

k. Actions that are intended and are perceived to create risk to the health or safety of the

employees.

XIV. Stalking is also a form of harassment and is against our tribal law. Stalking refers to

harassing, unwanted or threatening conduct that causes the victim to fear for his or her

safety or the safety of a family member, or would cause a reasonable person in a similar

situation to fear for his or her safety. Stalking conduct included, but is not limited to:

a. Following or spying on a person, appearing at a person’s home or work, showing up

at a place where the perpetrator has no reason to be

b. Waiting at places in order to make unwanted contact with the victim or to monitor the

victim

c. Leaving unwanted items, presents, or flowers for the victim

d. Posting information or spreading rumors about the victim on the internet, in a public

place, or by word of mouth

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

November 12, 2014

PAGE

89 of 136

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e. Stalking may occur through use of technology including, but not limited to e-mail,

voicemail, text messaging, and use of GPS and social networking sites.

XV. In the event an employee is found to have violated this policy, appropriate discipline will

be taken as prescribed in Chapter 12 Employee discipline.

APPROVED

EFFECTIVE

SUPERCEDES

PAGE

December 2, 2015

December 2, 2015

November 12, 2014

90 of 136

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Section S. Sexual Harassment

Policy

It is the policy of the Pawnee Nation to neither tolerate nor condone sexual harassment in any form

from employees, Pawnee Nation clientele, tribal members, outside service providers, or any other nonemployee.

Sexual harassment is construed as a single incident or a continuing pattern of unwelcome sexual

advances, requests or demands for sexual favors, physical contact of a sexual nature, or verbal abuse

and/or threats of a sexual nature under any of the following conditions:

•

•

•

Submission to the conduct or communication involves a condition of the individual’s

employment, either stated, implied or suggested;

Submission to or rejection of that conduct or communication by an individual is used, or creates

a condition where it might be used as the basis of decisions affecting that individual’s

employment;

When the conduct or communication has the purpose, or effect of substantially

interfering with an individuals’ employment or public services or creating an

intimidating, hostile, or offensive employment environment.

Procedure

I.

All employees must maintain a work environment free of any form of sexual harassment.

Compliance with all provisions of the Pawnee Nation Sexual Harassment Policy is mandatory.

II. Employees are directed to take any complaint of sexual harassment to the Human Resources

Director immediately after an incident occurs. This includes any incident of sexual harassment

that the employee has personally witnessed, experienced, or received through a report. The

tribal domestic violence program may assist you in identifying whether the behavior

constitutes sexual harassment, they may assist in reporting and are able to advocate and be

present with the employee during this process.

III. Allegations may be made verbally or in writing. To the greatest extent possible, the following

information should be included:

a. The identity of the alleged harasser;

b. The conduct which is deemed harassment;

c. Where the harassment occurred;

d. What the complainant said and/or did in response to the alleged harassment;

e. The identity of any witnesses or other individuals who have knowledge of the alleged

harassment; and

f. Any other relevant information or documents.

IV. In the event an allegation is made verbally, the Human Resources Director or Tribal Domestic

Violence Program will interview the complainant and document the allegation. In the event

that a serious allegation is made, the Human Resources Director will contact Pawnee Nation

Law Enforcement and/or the Domestic Violence Program to begin investigation. Upon

completion of the interview, the document will be certified for accuracy by the individual

being interviewed.

V. The Human Resources Director will promptly initiate his/her own investigation or initiate an

external investigation of all complaints of sexual harassment. The investigation will

determine:

a. The validity of the allegation;

b. What, if any corrective action is to be taken; and

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

November 12, 2014

PAGE

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Human Resources Policies & Procedures

c. What, if any, disciplinary action is to be taken.

VI. The determination of the Human Resources Director or external investigator shall be subject to

review through Chapter 13. Employee Grievance.

VII. In the event the Human Resources Director is the complainant or the alleged harasser, the

Executive Director shall assume the role of receiving the allegation, initiating the investigation

process, and making the final determination of the validity of the allegation.

VIII. In the event of sexual harassment by a non-employee, the Human Resources Director, with

concurrence of the Executive Director, shall determine the measures necessary to address the

conduct, given the Nation’s relationship with the non-employee.

IX. All complaints and investigations shall be kept as confidential as possible and will be

investigated fully and completely.

X. No employee will be subject to retaliation of any type for reporting an incident of harassment.

Any person who retaliates against any employee for reporting harassment will be subject to

disciplinary action as prescribed in Chapter 12. Employee Discipline.

XI. To maintain workplace safety and to maintain the integrity of the investigation, employees

may be placed on leave consistent with provisions of Chapter 8. Employee Benefits, Section E

– Administrative Leave.

XII. Examples of sexual harassment include but are not limited to:

a. Threatening actions to have a sexual favor performed;

b. Suggesting a desire for sexual relations or physical contact;

c. Continued suggestions regarding invitations to social events outside the workplace or

work-related social activities, after being informed that such suggestions are unwelcome;

d. Use of any offensive or demeaning terms which have sexual connotation;

e. Verbal abuses, insults, or ridicule of a sexual nature;

f. Graphic commentaries about a person’s body;

g. Use of sexually degrading words to describe a person;

h. Proposition of a sexual nature;

i. Pictures, photos, posters, calendars, publications, or graffiti of a sexual nature placed in

work areas;

j. Circulation of sexual cartoons or email;

k. Uninvited attention through prolonged staring or leering at a person, which causes a

person to feel uncomfortable and harassed;

l. Whistling in such a manner as to attract unwelcome attention to another person;

m. Uninvited sexual closeness or unwanted physical contact, as in uninvited touching,

hugging, patting and/or pinching;

n. Initiating unwanted discussion of an individual’s personal sex life;

o. Offensive gestures; or

p. Offensive sexual jokes.

In the event an employee is found to have violated the Sexual Harassment Policy, appropriate discipline will be

taken, as prescribed in Chapter 12. Employee; including but not limited to immediate suspension or termination.

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

November 12, 2014

PAGE

92 of 136

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Human Resources Policies & Procedures

Section T.WorkplaceViolence

Policy

It is the policy of the Pawnee Nation to prevent workplace violence and to maintain a safe work

environment for all employees, tribal members, clients, and members of the general public.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

Unauthorized firearms and weapons are prohibited on the premises of any Pawnee

Nation property or site where Pawnee Nation business is conducted.

Employees are encouraged to voluntarily request supervisory intervention to resolve

disputes or differences before the situation escalates into potential violence.

Conduct that threatens, intimidates, or coerces another employee, tribal member, client,

or member of the general public will not be tolerated.

Employees are to refrain from fighting or other violent conduct that may be dangerous to

others.

Employees are directed to take any complaint of workplace violence to the Human

Resources Director immediately after an incident occurs. This includes any incident of

violence that the employee has personally witnessed, experienced, or received through a

report.

Allegations may be made verbally or in writing. To the greatest extent possible, the

following information should be included:

a. The identity of the alleged aggressor;

b. The conduct which is deemed violent;

c. Where the violent act occurred;

d. What the complainant said and/or did in response to the alleged aggression;

e. The identity of any witnesses or other individuals who have knowledge of the

alleged aggression; and

f. Any other relevant information or documents.

In the event an allegation is made verbally, the Human Resources Director must

interview the complainant and document the allegation. Upon completion of the

interview, the document will be certified for accuracy by the individual being

interviewed

The Human Resources Director will promptly initiate his/her own investigation or

initiate an external investigation of all complaints of workplace violence. The

investigation will determine:

a. The validity of the allegation;

b. What, if any, corrective action is to be taken; and

c. What, if any, disciplinary action is to be taken.

The determination of the Human Resources Director or external investigator shall be

subject to review through Chapter 13. Employee Grievance.

In the event the Human Resources Director is the complainant or the alleged aggressor,

the Executive Director shall assume the role of receiving the allegation, initiating the

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

November 12, 2014

PAGE

93 of 136

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Human Resources Policies & Procedures

XI.

XII.

XIII.

XIV.

XIV.

XV.

investigation process, and making the final determination of the validity of the

allegation.

In the event of workplace violence by a non-employee, the Human Resources Director,

with concurrence of the Executive Director, shall determine the measures necessary to

address the conduct, given the Nation’s relationship with the non-employee.

All complaints and investigations shall be kept as confidential as possible and will be

investigated fully and completely.

No employee will be subject to retaliation of any type for reporting an incident of

workplace violence. Any person who retaliates against any employee for reporting

Workplace Violence will be subject to disciplinary action, as prescribed in Chapter 12.

Employee Discipline.

To maintain workplace safety and to maintain the integrity of an investigation,

employees may be placed on leave consistent with provisions of Chapter 8. Employee

Benefits, Section E – Administrative Leave.

Anyone determined to be responsible for threats of or actual violence or other conduct

that is a violation of these guidelines will be subject to disciplinary action, as prescribed

in Chapter 12. Employee Discipline.

Incidents of Workplace Violence may be referred to the Pawnee Nation’s Attorney

General for prosecution in tribal court.

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

November 12, 2014

PAGE

94 of 136

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Human Resources Policies & Procedures

Section U. Protective Order Enforcement

Policy

The Pawnee Nation commits to a healthy and safe work environment; to the prevention and

reduction of the incidence and effects of domestic violence, sexual violence, dating

violence, and stalking. The Nation will strive to provide immediate assistance to victims,

and to provide assistance and/or disciplinary action to employees who are perpetrators of

violence in the event that they violate a Protective Order.

Definitions

SURVIVOR OR VICTIM: An individual who is currently subject to, or has in the past been

subjected to, domestic or sexual violence, dating violence, or stalking.

PERPETRATOR: The individual who commits or threatens to commit an act of domestic

violence, sexual violence, dating violence, and stalking.

PROTECTION OR RESTRAINING ORDER: Protection orders, sometimes called

restraining orders or stay away orders, are a mechanism where a victim can petition the

court for protection from a perpetrator. Protection orders may also issue in criminal cases as

a condition of probation or condition of release particularly in a domestic violence, sexual

violence, dating violence, or stalking related crime.

WORKPLACE-RELATED INCIDENCES: Workplace-related incidents of violence include

acts, attempted acts, or threatened acts by or against employees, and/or against employees’

families or property, that occur in the workplace or that occur outside the workplace but

have an impact on the workplace. An employee is considered to be in the workplace while

in, or utilizing the resources of the employer, including but not limited to facilities, work

sites, equipment, or vehicles, or while on work related travel.

WORKPLACE SAFETY PLAN: A strategy developed in collaboration with a victim to

implement workplace safety options, including but not limited to: handling of court

protection orders at the workplace, procedures for alerting security personnel, temporary or

permanent adjustments to work schedules and locations, change in parking spots, and

requests for escorts to and from workplace facilities.

I.

Responses to Victims and Employee Concerns

Confidentiality

Pawnee Nation of Oklahoma recognizes and respects an employee’s right to privacy and the

need for confidentiality. The Nation shall maintain the confidentiality of an employee’s

disclosure to every extent possible unless to do so would result in physical harm to any

person and/or jeopardize safety within the workplace. If information must be disclosed to

protect the safety of individuals within the workplace, Pawnee Nation shall limit the breadth

and content of such disclosure to information reasonably necessary to protect the safety of

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

December 2, 2015

PAGE

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Human Resources Policies & Procedures

the disclosing employee and others. Pawnee Nation shall make every effort to provide

advance notice to the employee who disclosed information if the disclosure must be shared

with other parties in order to maintain safety in the workplace or elsewhere. The Nation

shall also provide the employee with the name and title of the person to whom the Nation

intends to share information, and shall explain the necessity and purpose regarding said

disclosure.

Safety Planning

The Pawnee Nation will work with employee to determine if non-leave related assistance

will facilitate employee’s ability to remain safe and maintain his or her work performance,

such as modifying work schedules or changing employee’s location within the workplace.

Work Performance

If Pawnee Nation becomes aware that an employee’s work performance or conduct has

been impacted by violence, the Nation will offer support to the employee and work in

collaboration with the employee to address the issues, in accordance with established

policies within the workplace (i.e. flex schedule, employee improvement plan, etc). Pawnee

Nation shall provide referrals to support or advocacy agencies.

Protection and Restraining Orders

Pawnee Nation recognizes that the workplace may or may not be included on an order as a

location from which a perpetrator must remain away. If an employee chooses to disclose the

existence of a protective order to the employer, Pawnee Nation may, wherever possible,

assist the employee to enforce his or her order, shall archive said order in their confidential

employee personnel file, and, if applicable, may assist employee to gather documentation

from the workplace, such as emails or voice messages, that could support the employee’s

efforts in the justice system or otherwise to obtain or maintain safety from a perpetrator.

Employee Concerns

Employees who suspect or witness acts of violence in the workplace, or who suspect or

witness violence against an employee or perpetrated by an employee, are encouraged to

report their concerns to the Human Resources Department and/or their supervisor.

II.

Response to Offender or Workers Who Commit Violence

Policy

The Pawnee Nation is committed to ensuring a workplace free from all types of harassment

and violence, and to maintain a safe and positive workplace. Individuals accused of

domestic violence, sexual assault, stalking or dating violence through the court system shall

be placed on restricted access to their accusers during regular business hours while on tribal

property. The confidentiality and safety of victims of domestic violence who are also

employees shall be protected to the greatest extend possible by the Pawnee Nation.

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

December 2, 2015

PAGE

96 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

An employee who is subject to a protection or restraining order, or a named defendant in a

criminal action as a result of a threat or act of domestic violence, sexual violence, dating

violence, or stalking must disclose the existence of such criminal or civil action if the

conditions of such actions interfere with the employee’s ability to perform his or her job or

impact another employee at Pawnee Nation of Oklahoma.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

All employees must maintain a work environment free of any form of

harassment, bullying or violence.

Employees are prohibited from utilizing any workplace resources, such as work

time, phones, email, computers, fax machines or other means to threaten, harass,

intimidate, embarrass or otherwise harm another person.

If the Human Resources Department is notified of a Protective Order by the

courts or any other party, the Human Resources Manager will notify the

offender’s supervisor of the Protective Order.

Should an employee have a Protective Order placed against them by another

employee, he or she is required to abide by the provisions of the Protective

Order at the workplace or face disciplinary action up to and including immediate

termination.

Either party will be required to report any incidences of violation of the

Protective Order immediately to their direct supervisor and provide

documentation of the violation (i.e. email, voicemail, etc).

Should the direct supervisor be unavailable, the party will report incidences of

violation of the Protective Order to the Office of Human Resources or law

enforcement.

Should the Protective Order be overturned, the parties involved shall resume

regular duties without further incident or disruption to daily work activities.

In the event an employee is found to have violated this policy, appropriate investigation will be done

and discipline will be taken as prescribed in Chapter 12 Employee discipline, including but not

limited to immediate suspension or termination.

APPROVED

December 2, 2015

EFFECTIVE

December 2, 2015

SUPERCEDES

December 2, 2015

PAGE

97 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

Section V. Alcohol & Drugs in the Workplace

Policy

The Pawnee Nation is committed to providing a safe and healthy workplace. The abuse of

alcohol and drugs poses a threat to the health and safety of Pawnee Nation employees, tribal

members, and clientele, while also endangering the security of Pawnee Nation equipment and

facilities. Therefore, the Pawnee Nation shall maintain a workplace free from the abuse of

alcohol and drugs.

Procedure

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

Employees are expected to report to work fit for duty and free of any adverse effects of

drugs or alcohol.

When taken in standard dosage and/or as prescribed by a physician, prescription and

over-the-counter drugs are allowable in the workplace.

Employees who use prescription and/or over-the-counter drugs are responsible for the

following:

• Ensuring that medication does not interfere with the safe performance of his/her

job duties; or

• Requesting leave in accordance with the provisions of Chapter 8. Leave Benefits,

if the use of prescription or over-the-counter drugs may compromise the safety of

the employee, other employees, and Pawnee Nation tribal members or clientele.

The use of alcohol and illegal drugs, or the misuse of prescription drugs, is prohibited

during working hours and the lunch period.

Employees are prohibited from unlawfully manufacturing, selling, purchasing,

transferring, possessing, or using alcohol and illegal or prescription drugs in the

workplace.

Employees are encouraged to voluntarily seek assistance with problems related to

alcohol and/or drugs. Employees who voluntarily disclose such a problem to their

supervisor will be referred to the Pawnee Nation Substance Abuse Program and will not

be subject to disciplinary action.

If a supervisor suspects that substance abuse is the cause for an employee’s deteriorating

job performance, tardiness, absenteeism, and other such employment issues, the

supervisor must document the work performance and behavior problems. The

supervisor shall then meet with the employee to discuss the performance and behavior

problems, at which time the supervisor may provide the employee with a Voluntary

Substance Abuse referral form, thereby referring the employee to the Pawnee Nation

Substance Abuse Program for assessment and possible treatment.

If, after the voluntary referral to the Pawnee Nation Substance Abuse Program,

employee job performance continues to decline and continued substance abuse is

suspected, the supervisor shall again meet with the employee to discuss the performance

issues. The supervisor shall provide the employee with a Mandatory Substance Abuse

APPROVED

March 24, 2016

EFFECTIVE

March 24, 2016

SUPERCEDES

March 27, 2013

PAGE

98 of 136

Pawnee Nation of Oklahoma

Human Resources Policies & Procedures

IX.

X.

XI.

XII.

XIII.

Referral form, thereby referring the employee to the Pawnee Nation Substance Abuse

Program for assessment and possible treatment.

When issued a Mandatory Substance Abuse Referral to the Pawnee Nation Substance

Abuse Program, an employee must sign an agreement to:

• Abstain from future alcohol and drug use or abuse;

• Adhere to the treatment plan recommended by the Substance Abuse Program;

• Accept personal responsibility for all costs of medical consultation and/or

treatment not provided by the Pawnee Nation Substance Abuse Program and/or

Indian Health Service;

• Sign the documents necessary to release treatment verification information to the

employee’s immediate supervisor and the Human Resources Director;

• Follow all Pawnee Nation Human Resource Policies & Procedures, including

this Alcohol & Drugs in the Workplace Policy;

An employee’s failure to abide by the terms of the Mandatory Substance Abuse Referral

will result in disciplinary action, up to and including termination, as prescribed by

Chapter 12. Employee Discipline.

If an employee is suspected of being under the influence of alcohol and/or drugs while

on duty, the supervisor and Human Resources Director will immediately transport the

employee to the Substance Abuse Program for testing. Failure to agree to the transport

to the Substance Abuse Program will result in disciplinary actions, up to and including

termination, as prescribed by Chapter 12. Employee Discipline.

If testing by the Pawnee Nation Substance Abuse Program reveals that the employee has

violated this Alcohol & Drugs in the Workplace policy, the Human Resources Director

will present the Last Chance Agr

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