# Pawnee Nation of Oklahoma (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apawnee_oklahoma%3A0489f4d9e81e74c6 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 1 of 136 Pawnee Nation of Oklahoma 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 PAGE 2 of 136 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 PAGE 3 of 136 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 4 of 136 Pawnee Nation of Oklahoma 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 PAGE 5 of 136 Pawnee Nation of Oklahoma 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 6 of 136 Pawnee Nation of Oklahoma 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 7 of 136 Pawnee Nation of Oklahoma 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 8 of 136 Pawnee Nation of Oklahoma 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 9 of 136 Pawnee Nation of Oklahoma 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 PAGE 10 of 136 Pawnee Nation of Oklahoma 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 11 of 136 Pawnee Nation of Oklahoma 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 12 of 136 Pawnee Nation of Oklahoma 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 13 of 136 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 15 of 136 Pawnee Nation of Oklahoma 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 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma 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 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma 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 Pawnee Nation of Oklahoma 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 Pawnee Nation of Oklahoma 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 68 of 136 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 69 of 136 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 70 of 136 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 71 of 130 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 72 of 136 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma 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 74 of 136 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 Pawnee Nation of Oklahoma Human Resources Policies & Procedures 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 pr [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apawnee_oklahoma%3A0489f4d9e81e74c6. Public record. Not legal advice.