# Pyramid Lake Paiute Tribal Council > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3Af2af9b71e6dc22e5 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Pyramid Lake Paiute Tribal Council Post Office Box 256 Nixon, Nevada 89424 Telephone: (775) 574-1000 Fax (775) 574-1054 RESOLUTION NO.: PL 157-21 PLPT Personnel Policies & Procedures Section — 10 Attendance & Leave Pandemic Amendment 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 and the public from possible exposure to the highly contagious COVID-19 coronavirus and variants which may result in adoption and creation of defined policies & processes related to this pandemic; and WHEREAS, the Pyramid Lake Tribal Council having recognized the need for continuity of leadership for administration staff approved through Resolution No. PL12-16 the formation of the Executive team; and WHEREAS, the Pyramid Lake Tribal Human Resources department created and submitted a Section 10. Attendance and Leave Pandemic Amendment. 10-8b. CVD LEAVE for the Tribal organization to assist with continued response to the Covid-19 Pandemic; 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, due to the Tribe’s current state of emergency due to the COVID-19, Coronavirus, the Personnel Committee has not reviewed attached proposed amendment of Section 10. Attendance and Leave; and WHEREAS, the Tribe acknowledges the importance of protecting employees from possible Resolution No.: PL 157-21 Personnel Policies & Procedures Section 10 — Attendance & Leave Pandemic Amendment 1|Page exposure and submits the interim amendments to Section 10. Attendance and Leave policy for implementation. The following process is put into place to ensure contact is limited & contained to ensure the Tribe is looking out for the health & safety of its employees, tribal and community members; and WHEREAS, the Executive Team in conjunction with Tribal Chairman have reviewed the proposed amendment to the Personnel Policies and Procedures Manual and recommends approval of the same. WHEREAS, the Executive Team in conjunction with Tribal Chairperson & Vice Chairman have reviewed the proposed Section 10. Attendance and Leave Pandemic Amendment 10-8b. CVD LEAVE and recommends approval of the same; and WHEREAS, to ensure that tribal employees who regularly interact with tribal officials, tribal members and each other receive the financial support when such employees may need to isolate because they test positive for COVID-19 or quarantine due to exposure to COVID-19, the Tribal Executive Team has developed the "Tribal Government Employee COVID Leave Program," which is attached and incorporated by reference, to fund the cost of leave from the Tribe's FRF allocation; and WHEREAS, the Tribal Council finds it in the best interest of the Tribe and its members to approve the "Tribal Government Employee COVID Leave Program" as necessary to mitigate and prevent the spread of COVID-19 on the Reservation and to allocate funds from the ARPA FRF monies received by the Tribe for the Program approved by Resolution No. #PL 153-21; 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 Executive Team, Human Resources, and EOC Committee and approves the attached State of Emergency Supplementation: SECTION 10. ATTENDANCE AND LEAVE PANDEMIC AMENDMENT 10-8B. CVD. LEAVE 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 ten (10) constituting a quorum were present at a meeting duly held on the 19” day of November, 2021 was adopted by the affirmative vote of seven (7) for and zero (0) against and two (2) abstentions pursuant to the authority contained in the Constitution rude -Laws (( the|Pyramid Lake Paiute Tribe. Blenda A. mel fe Councif Secretary Pyramid Lake Paiute Tribal Council Resolution No.: PL 157-21 Personnel Policies & Procedures Section 10 — Attendance & Leave Pandemic Amendment 2|Page SECTION 10. ATTENDANCE AND LEAVE PANDEMIC AMENDMENT 10-8b. COVID LEAVE A. Risk Prevention. The virulent strain of COVID-19 continues to expose employees to risk of variant respiratory viruses like the Delta Strain of the coronavirus and has shown an increase in crowded settings, particularly closed-in settings with little air circulation. Activities identified 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, airplanes, trains). It is determined the steps below will be taken to mitigate exposure and transference of the COVID-19 Virus and variants: 1. In accordance with updated OSHA recommendations, unvaccinated workers should: a. Identify and consider opportunities to get vaccinated. b. Properly wear a face mask that covers the nose and mouth. Stay at least 6 feet away from other people. Be aware of whether rooms are properly ventilated. e. Practice good personal hygiene and wash hands often. a9 2. Employers can help reduce the spread of COVID-19, according to OSHA, by: a. Offering paid time off for employees to get vaccinated. b. Encouraging unvaccinated workers to stay home if they have been in close contact with someone who tested positive for COVID-19. c. Encouraging all workers to stay home if they are infected or have COVID-19 symptoms. d. Maintaining physical distancing policies for unvaccinated and at-risk employees and providing them with appropriate face coverings. Educating and training workers on COVID-19 policies and procedures. Requesting unvaccinated customers and visitors, wear face coverings. Maintaining ventilation systems. Performing routine cleaning. Reporting COVID-19 infections and deaths. Protecting employees from retaliation and setting up an anonymous process for them to report COVID-19-related hazards. k. Following mandatory OSHA standards. ra mo 3. Additionally, the Tribe shall require workers to: a. Use hand sanitizer, frequently. b. Require workers, customers and visitors, wear face covering regardless of vaccination status. B. 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. In accordance with Resolution No.: PL 153-21, Tribal Government Employee COVID Leave Program, this policy has been modified to meet the needs of the Tribe while ensuring the maximum protection of health and safety of our Employees. Pyramid Lake Paiute State of Emergency Supplementation — November 2021 th This COVID Leave policy is to be implemented for all Tribal employees, within its organization and Tribal Entities, in the case of exposure to COVID-19 and/or it’s variants: 1. Supervisors will notify employees of any adjusted schedules to ensure minimal exposure to employees, 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 absence in accordance with leave provisions for normal terms listed within Section 10 of the Tribe’s Personnel Policies and Procedures. 5. Determination of alternative compensation: The Tribe has determined COVID LEAVE which if an employee is eligible will require employee to agree to a period of staying home while utilizing this status. 6. Supervisors will maintain contact with employees as to the current situation with the Tribe and/or employee. . Well/Non-Symptomatic Employees: Employees who are well/non-symptomatic are expected to report to work as scheduled. 1. Well/Non-symptomatic employees are expected to report to work as scheduled, unless they have been: a. In contact or have been caring for someone with a confirmed case of COVID-19 or any of its variants, in which case they are required to self-isolate; or have been, b. Instructed to refrain from attending work by public health officials. . Sick/Symptomatic 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. Pyramid Lake Paiute State of Emergency Supplementation — November 2021 th 10-20a. COVID LEAVE Employees who are unable to work or telework due to a need identified in this section: (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or variant; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19 or variant; or (3) are experiencing symptoms of COVID-19 or variant and are seeking medical diagnosis, will receive for each applicable hour up to 80 hours their regular rate of pay. This shall be in effect during the period of COVID-19 Pandemic period. A. Eligibility for COVID-19 Leave. 1. Employee. Eligible employees shall: a. Obtain a certificate of testing, medical diagnosis/care if the employee is experiencing the symptoms of coronavirus; b. 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; 2. Restrictions of Designated Time. a. Employee agrees during this time-period to stay at home or within the designated domicile and will not risk exposure to others. 3. Return to Work: a. 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 Human Resources for clearance to return. 4. Multiple Exposure a. Employee Exposure 1. Initial time will be compensated up to 80 hours; 2. Further instances 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) or may have leave donated to ensure their financial livelihood is not impacted. b. Employee / Family Testing Positive 1. Employee will utilize their accrued sick, annual and if needed LWOP and may utilize leave donation upon approval. c. Employee Family Exposure 1. Employee will utilize their accrued sick, annual and if needed LWOP and may utilize leave donation upon approval. 5. Other Consideration: 1. Employees who have repeated exposures that inhibit or endanger services and/or their clients will be addressed based upon Section 8, Employee Conduct and Discipline. Pyramid Lake Paiute State of Emergency Supplementation — November 2021 th --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3Af2af9b71e6dc22e5. Public record. Not legal advice.