Pyramid Lake Paiute Tribal Council

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

RESOLUTION NO.: PL 115-20

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section 16

of the Indian Reorganization Act and is federally recognized by the United States

Government through the Secretary of the Interior for the Administration of programs

and services for the residents of the Reservation; and

WHEREAS, the Pyramid Lake Paiute Tribal Council is the duly elected governing body of the

Pyramid Lake Paiute Tribe, charged with the responsibility of establishing policy

and taking action to provide administration guidelines; and

WHEREAS, the Pyramid Lake Tribal Human Resources department acknowledges the

importance of protecting employees from possible exposure to the highly contagious

COVID-19 coronavirus may result in modification to existing policies & processes

and has submitted Section 10.8a Sick Leave (Amended); and

WHEREAS, the Pyramid Lake Paiute Tribal Council established a Tribal Personnel Committee

to review the Personnel Policies and Procedures Manual, recommending revisions

by resolution determined necessary for the proper management and administration

of the Personnel System; and

WHEREAS, the Personnel Committee has reviewed proposed addition of Section 10.8a Sick

Leave (Amended) policy) and recommends approval of amendment during the

COVID-19 Pandemic period; and

WHEREAS, the Executive Team in conjunction with Tribal Chairman have reviewed the

proposed addition to the Personnel Policies and Procedures Manual and

recommends approval of the same.

WHEREAS, all employers need to consider how best to decrease the spread of acute respiratory

illness and lower the impact of COVID-19 in their workplace in the event of an

outbreak. The Tribal Administration hereby incorporates provisions to address the

current status of sick leave during exposure periods; and

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council,

governing body of the Pyramid Lake Paiute Tribe, hereby accepts the

recommendation of the Personnel Committee and approves the attached temporary

revision to the Tribal Personnel Policies and Procedures Manual:

Pyramid Lake Paiute Tribal Council RESOLUTION NO.: PL 115-20

Page 2

SECTION 10.8A SICK LEAVE (PANDEMIC)

CERTIFICATION

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, the

governing body of the Pyramid Lake Paiute Tribe, composed of ten members, of whom nine (9)

constituting a quorum were present at a meeting duly held on the 20 day of November 2020, was

adopted by the affirmative vote of seven (7) for and zero (0) against and oe (1) abstentions

pursuant to the authority contained in the Constitution and By-Laws ¢f thg,Pyftamid Lake Paiute

Tribe. ill

Brenda A. Henry, Tribal Council Repretary

Pyramid Lake Paiute Tribal Council

SECTION 10. ATTENDANCE AND LEAVE COVID-19

10-8a. SICK LEAVE — COVID-19 ADDENDUM

A.

Risk Prevention. Employee risk of exposure to respiratory viruses like

coronavirus may increase in crowded settings, particularly closed-in settings with

little air circulation. This may include settings such as conferences, public events

(like concerts and sporting events), religious gatherings, public spaces (like movie

theatres and shopping malls), and public transportation (like buses, metro, trains).

1. If an employee has close contact with someone with COVID-19 during

travel, the Tribe may ask the employee to stay home to self-monitor and

avoid contact with others for 2 up to 14 days after travel. If an employee

becomes ill or exhibits symptoms of COVID-19, the employee understands

they may be unable to go to work or school until they have been determined

noninfectious. Employees will be asked to avoid contact with others

(including being in public places) during this period of infectiousness.

Attendance and Punctuality Requirements. It is the policy of the Tribe to require

employees to report for work punctually and to work all scheduled hours and any

required overtime. This policy has been modified to meet the needs of the tribe

while ensuring the maximum protection of health and safety of our Employees.

The following is an adjusted policy should the tribe be directly impacted by the

COVID-19:

1. Supervisors will notify employees of any adjusted schedules to ensure

minimal exposure to employees however ensuring essential functions of the

business/organization continue. Supervisors will record all absences,

tardiness or early departures.

2. Employees must notify their Supervisor, of possible exposure or if

symptoms appear that would constitute a precautionary measure for

employee to stay home to ensure illness is contained.

3. Employees are required to notify their supervisor of their status by directly

contacting the supervisor by cell phone or contact number.

4, Leave Usage: Employees are to be compensated during authorized absences

in accordance with leave provisions.

5. Determination of alternative compensation: Tribes who have determined

Administrative pay may require employees to complete duties at home (See

Section 16. Telecommuting Policy).

6. Supervisors will maintain contact with employees as to the current situation

with the Tribe.

Well/Non-Sick Employees: Employees who are well/non-sick are expected to

report to work as scheduled, even if they have been in contact with or caring for

someone who is ill with a common respiratory illness (in such cases, the Tribal HR

Department recommends the employee take typical preventative measures as

caregivers).

Pyramid Lake Paiute Tribal Personnel Policies and Procedures ~ Approved November 20, 2020 lh

Well/Non-Sick employees are expected to report to work as scheduled, unless they

have been:

l. In contact or have been caring for someone with a confirmed case of

COVID-19, in which case they are required to self-isolate.

2. In a CDC Level 3 area of concern; or

3, Instructed to refrain from attending work by public health officials.

D. Sick Employees: Employees who have symptoms of respiratory illness must stay

home and not come to work until they are free of fever, and any other symptoms

for at least 24 hours, without the use of fever-reducing or other symptom-altering

medicines (e.g., cough suppressants). A fever is defined as a temperature of 100.4

degrees Fahrenheit or 38 degrees Celsius taken by an oral thermometer.

Employees should contact the health clinic if they develop possible symptoms. If any

employee presents themselves at work with symptoms of respiratory illness or a fever, the

Tribe by and through Human Resources, at their discretion, may request that the employee

leave work and seek medical attention. Employees may be required to provide a

physician’s note indicating that they have been released to return to full duty and no longer

contagious.

Notice: Employees shall, as soon as practicable, give notice to their supervisor that they

are sick and unable to report to work, consistent with Section 10, of the Tribe’s attendance

and leave policies.

10-19. FAMILY AND MEDICAL LEAVE — COVID-19

An employee is eligible for Coronavirus-FMLA leave if the employee has been employed for at

least 30 calendar days by Tribe from which the employee is requesting leave.

A. Eligibility. Eligible employees may take up to 12 weeks of coronavirus-FMLA

leave for these reasons:

l. Employee:

a, the employee’s physical presence at the job would jeopardize the

health of others because the employee has been exposed to or has

symptoms of coronavirus;

b. the employee is unable to perform the function of the employee’s

position and to comply with recommendations by the CDC

2. Family Member:

a. to care for a family member who cannot be in public because a

public official or health care provider has determined that the family

member’s presence in public would jeopardize the health of others

because the family member has been exposed to or has symptoms

of coronavirus;

b. to care for a son or daughter under 18 years of age if the school or

place of care has been closed, or the child care provider of such son

or daughter is unavailable, due to the current public health

emergency.

Pyramid Lake Paiute Tribal Personnel Policies and Procedures — Approved November 20, 2020 lh

B.

Provisions of Leave.

1.

2.

3.

Leave cannot be used intermittently;

If employee foresees the need for leave, the employee shall provide the

employer with such notice as practicable;

Leave may run concurrent to traditional FMLA leave and is not in addition

to the 12 weeks provided under Traditional FMLA.

10-20. EMERGENCY PAID SICK LEAVE

Emergency Paid Sick Leave provides paid sick time in addition to current sick leave balances

earned by all regular part-time and full-time employees. This shall be in effect during the period

of Covid-19 Pandemic period.

A.

Eligibility for Emergency Paid Sick Leave.

Employee. An eligible employees shall:

L.

Obtain a certificate of testing, medical diagnosis/care if the employee is

experiencing the symptoms of coronavirus;

a. Comply with a recommendation or order by a public official having

jurisdiction or a health care provider on the basis that the employee’s

physical presence at the job would jeopardize the health of others

because the employee has been exposed to or has symptoms of

coronavirus;

Care or assistance for a family member of the employee. An eligible employees

shall:

1.

Obtain a certificate of testing, medical diagnosis/care if the employee’s

family member is experiencing the symptoms of coronavirus for a family

member:

a. who is self-isolating because such family member has been

diagnosed with coronavirus or is experiencing symptoms of

coronavirus and needs to obtain medical diagnosis, or

b. because a public official or health care provider has determined that

the family member’s presence in public would jeopardize the health

of others because of the family member’s exposure to coronavirus

or having symptoms of coronavirus

To care for a child of such employee if the school or place of care has been closed,

or the child care provider of such child is unavailable, due to the coronavirus.

Paid Sick Time

1.

The Tribe provides paid sick time for all benefit-eligible employees.

Employees may use paid sick time for self-isolation or quarantine, even if

they are not sick, when it is required or recommended by public health

authorities/guidelines or by health care providers.

Paid Family and Dependent Care Time: Employees with dependent

children, partners, household members, or elders who are ill are urged to

use paid family leave, paid sick; and Emergency Sick leave if needed to

Pyramid Lake Paiute Tribal Personnel Policies and Procedures ~ Approved November 20, 2020 lh

provide care. Employees may also use family sick, paid sick; and

Emergency Sick leave if needed to provide care in order to care for

immediate family and household members, who are not ill, but need care

due to any COVID-19 related closures.

C. Calculation of Leave.

1, Full-time employees are entitled to 80 hours;

2. Part-time employees are entitled to the average number of hours worked

over a 2-week period;

3. Employees compensation for leave will be at their regular rate of pay.

D. Return to Work:

1. If an employee has been confirmed to have COVID-19, the Tribe will

require written medical clearance for the employee to return to work and

that the employee is no longer contagious. This must be submitted to the

Supervisor who will forward to HR for clearance to return.

E. Multiple Exposure

1. Employee Testing Positive

a. Initial leave would be credited to emergency sick leave up to 80

hours;

b. Further positives will be credited to employee’s accrued sick and if

needed annual leave balance; if employee out of leave, the employee

will utilize LWOP (leave without pay.)

2. Employee Family Testing Positive

a. Employee will utilize their accrued sick, annual and if needed

LWOP.

3. Employee Exposure

a. Initial would credit employees sick and annual leave and if needed,

LWOP up to 30 days.

4. Employee Family Exposure

a. Initial would credit employees sick and annual leave and if needed,

LWOP up to 30 days.

F. Other Consideration:

1. Employees who have repeated exposures that inhibit or endanger services

and/or their client will be addressed based upon Section 8, Employee

Conduct and Discipline.

a. ESL will not carry over from year to year and is not paid out upon

separation of an employee from employment for any reason.

Pyramid Lake Paiute Tribal Personnel Policies and Procedures — Approved November 20, 2020 th