WALKER RIVER PAIUTE TRIBE (2017)
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WALKER RIVER PAIUTE TRIBE
HUMAN RESOURCES POLICIES &
PROCEDURES
Including Human Resources Policy &
Substance Abuse Policy
Effective (December 14, 2017)
Human Resources Policy & Procedures
Authority & Introduction
1. Authority: The Constitution of the Walker River Paiute Tribe empowers
the Tribal Council to manage the various resources of the Tribe. The Tribal
Chairman, in conjunction with the Department Heads, manage the day-today affairs of the Tribe. This Part One of the Human Resources Policy and
Procedures manual has been formally adopted by the Walker River Paiute
Tribal Council under Resolution WR-126-17. It therefore carries the full
weight of the Council’s authority and is to be fully complied with by all Tribal
Council Members, Tribal officials and Tribal employees.
2. Introduction: The most valuable assets of the Walker River Paiute Tribe
are its employees; without them, the Tribal government would be unable to
carry out its primary duties to the Tribal Membership. It is therefore vitally
important to establish policies, guidelines and procedures for the relationship
between the Tribal Council, Tribal Administration and Tribal Employees that
are fair and equitable for all concerned.
You were hired because we believe you can contribute to the success and
benefit of our Tribal government and membership. We welcome you to our
organization and look forward to a long and mutually rewarding affiliation.
PART ONE – TABLE OF CONTENTS
Definitions
1
General Provisions
Sovereign Immunity
Relationship
Legal Conflict
Guiding Principles
Applicability
Amendment, Rescission, Supersession
Human Resources Administration
7
7
7
7
7
9
9
9
Chapter 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
Recruitment and Selection
Recruitment
Job Announcements
Filing Applications
Qualifications
Americans with Disabilities Act
Evaluation of Applicants
Credit Checks
Employment & Reference Verifications
Background Checks
Verification of Education
Driver License Records Checks
Substance Abuse Screening
Immigration Law Compliance
Appointing Authority
Appointments
Types of Employment
Restriction on Rehiring Former Employees
14
14
15
15
16
16
17
18
18
19
20
20
21
22
22
22
22
23
Chapter 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
Terms and Conditions of Employment
Code of Conduct
Introductory Period (Probation)
Promotion
Promotion Policy
Temporary Promotions
Reassignment
Transfer
Demotion
Separation
External Employment Programs
Absenteeism
Outside Employment
Privacy in the Workplace
25
25
26
27
28
28
28
28
28
29
30
30
30
31
Chapter 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
Information Technology
Social Media
Fraud in the Workplace
Use of Tribal Vehicles
Telephone Usage
Employee Responsibilities
Timekeeping Policy
Conflicts of Interest & Nepotism
Smoke-Free Policy
Terms and Conditions of any Contract or Grant
Privacy Act
31
33
33
34
36
36
37
38
38
39
40
Chapter 4
4.1
4.2
4.3
4.4
4.5
Classification and Compensation
Classification
Compensation
Hours of Work
Overtime, Compensatory Time, Flex Time
Exempt vs. Non-Exempt Status
41
41
41
46
46
48
Chapter 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
Employee Benefits
Holidays
General Provisions for Leave
Annual Leave
Sick Leave
Maternity Leave
Education Leave
Professional Leave
Military Leave
Jury Duty
Voting
Emergency Leave
Leave Without Pay
Absence Without Leave
Transfer of Accrued Leaves
Social Security Retirement
Medicare
Group Insurance Plans
Family and Medical Leave (FMLA)
49
49
50
50
51
52
53
53
53
55
55
55
56
56
56
56
56
57
57
Chapter 6
6.1
6.2
6.3
6.4
6.5
6.6
Training
General Provisions
Training Objectives
Responsibility
Categories
Costs
Evaluation
59
59
59
59
59
60
60
6.7 Probationary Employees
60
Chapter 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
Employee - Management Relations
Employee Rights
Discrimination
Sexual and Other Harassment
Substance Abuse
Workplace Health and Safety
Insubordination
Performance Appraisals
Final Paycheck
61
61
62
62
65
67
69
70
71
Chapter 8
8.1
8.2
8.3
8.4
8.5
8.6
Disciplinary Actions and Appeals
General Principles
Types of Disciplinary Action
Termination Procedures
Grievance Procedures
Appeals
Table of Penalties
72
72
72
74
75
76
80
Chapter 9
9.1
9.2
9.3
9.4
9.5
9.6
Administrative Procedures
Travel and Per Diem
Personnel Records
Certification of Payroll
Returning Walker River Paiute Tribe Property
Effective Date
Current Organizational Chart
83
83
83
83
84
84
85
Human Resources Policy & Procedures
Definitions
The following words and phrases, when used in this manual, have the
following meanings unless otherwise clearly indicated in the content.
Word
Definition
Ability
The present power to perform a physical or mental
function.
Accrued Leave
Accumulated unused annual or sick leave.
Applicant
Any candidate for appointment or promotion who formally
makes him or herself available for consideration for
evaluation for the position.
Appointing
Authority
A Program Director, official or group of officials having the
power by Tribal Law or Regulation to make appointments
to any position in a specified department, project, agency
or office of the Walker River Paiute Tribe.
Bullying
The repeated mistreatment of a person which creates a
psychological power imbalance and an inability of targets
to engage in effective self-defense. Bullying causes
psychological, emotional and/or physical harm to targeted
individuals and/or witnesses and typically happens
frequently and over a period of time. There are three
typical types of bullying: aggressive communication, acts
aimed at humiliation and manipulation of work.
Certification
The process whereby the Human Resources Office provides
and submits names of persons from an eligible list to an
appointing authority to fill a vacancy.
Class
A group of positions with duties and responsibilities that
are sufficiently alike to warrant common treatment of
personnel processes such as selection, examination,
training, compensation, and/or transfer. A class can
consist of only one position when no other positions of the
same kind exist.
Classification Plan
The orderly arrangement of class titles by occupational
services, group and series with appropriate class code
numbers and class grades.
Compensation
Pay and other benefits such as leave and paid insurance
for services rendered.
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Conflict of
Interest
A conflict of interest occurs when an employee uses, or
appears to use, his or her position for personal benefits to:
himself or herself, close friends, relatives or business
associates. A conflict of interest may also exist when an
employee’s personal activities interfere with the proper
discharge of his/her official duties. If an employee is
involved in an outside activity which could be affected by
WRPT activities or projects and a conflict of interest
appears in reality or appearance, he or she must report
the situation to his/her supervisor immediately.
Contract
Employees
A narrow category or sub-set of exempt employees. Some
confusion arises over this category because exempt and
non-exempt employees sometimes sign employment
contracts with the Tribe. Contract employees, even
though they have employment contracts, are generally not
legally classified as “contract” employees if their regular
working hours are specified, if they receive employee
fringe benefits, or if deductions for taxes, Social Security,
etc., are deducted from their paychecks. “Contract”
employees may in some cases be contracted to work a
certain number of hours.
Days
Calendar days (not business days), unless the context
states otherwise
Demotion
A change in the assignment of an employee from a
position in one class to a different position in the same or
another class having a lower salary range.
Eligible
A person who meets the minimum qualifications of the job
description and has successfully completed an evaluation
process.
Evaluation
The written and/or oral examinations of a candidate to
determine his/her relative knowledge, skills and abilities to
perform the duties outlined in a particular job description.
Evidence of
Relationship
Supported documentation needed to qualify for FMLA for
purposes of binding with a new child. Such evidence shall
include one or more of the following: copy of child’s birth
certificate; copy of the completed hospital or birthing
center documents attesting to the birth of the child and
the parent(s) thereof; letter from the medical provider of
the newborn containing the baby’s name, gender, date of
birth, full name of mother and father or domestic
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partner(s) and the signature of the physician; or other
documents from appropriate government agencies
evidencing adoption, foster-care placement or declarations
of paternity.
Exempt Position
A salaried position, usually supervisory in nature; positions
exempted from the classified service.
Family and
Medical Leave
(FMLA)
Job-protected unpaid leave provided to employees due to
a serious health condition that renders the employee
unable to perform his or her job, or to care for a sick
family member, or to care for a new child (including by
birth, adoption or foster care).
Fraud
The intentional act of misconduct, violation of trust,
deception, concealment or misrepresentation of facts
which may or may not result in a financial loss to the
Tribe, but which goes to the heart of the employeremployee relationship.
Grade
A class of positions which, although different with respect
to kind or subject matter of work, which are sufficiently
equivalent as to (1) level of difficulty and responsibility,
and (2) level of qualification requirements of the work to
warrant the inclusion of such classes of positions within
one range of rates of compensation.
Grievance
Any formal complaint or expressed dissatisfaction by an
employee against an action by management in connection
with his or her job, pay or other aspects of employment.
Immediate Family
Spouse, domestic partner, child, adopted child, foster
child, father, mother, brother or sister, grand-parents,
foster parents, adoptive parents, aunts and uncles.
Incumbent
The employee who occupies the position
Insubordination
Unwillingness to submit to or comply with authority,
unwillingness to comply with directives of the immediate
supervisor, unwillingness to comply with policies and/or
directives of the WRPT Council.
Job
Announcement
The official announcement that applications for
employment are being accepted. It includes that position
name, class title and grade, salary or wage range, scope of
the evaluation and date, whether it is to be on an original
or promotion basis, a short description of the duties and
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responsibilities, and other pertinent application information
including closing date for applications and how to apply.
Job Related
Related to the particular job of the employee, or based on
knowledge, abilities, skills or other characteristics shown
through careful analysis to be necessary or important for
successful performance of a job.
Knowledge
An understanding of facts or principles relating to a
particular subject or subject area.
Layoff
A separation of an employee due to abolishment of
position, lack of funds, decrease in workload, rather than
for merit of job qualifications, job performance, or
violations of policies or directives, or for personal reasons.
Leave
An authorized absence, with or without pay, during
regularly scheduled work hours.
Favoritism shown to relatives such as appointing or
promoting them to positions because of that relationship
rather than due to merit or job qualifications.
Nepotism
Non-Exempt
Position
These employees are generally those who are paid an
hourly wage on the basis of time cards or an electronic
timekeeping system and whose primary job is not to
supervise other employees, and who are not classified as
professionals. Non-exempt employees are entitled to
overtime pay at one-and-one-half times their base pay for
hours worked over 40 hours per week.
Pay Grade
A schematic system of salary or wage grades including
specific rates with beginning, intermediate and maximum
rates (steps) for all grades.
Performance
Appraisal
The comparison or evaluation of an employee’s actual
performance against the performance standards for the
position.
Personnel
Selection
Committee
A panel determined on a case-by-case basis by the Human
Resources Director in conjunction with the Department
Head for the interviewing and selection of employees. The
hiring of Directors is done separately by the Tribal
Chairman in conjunction with the HR Director.
Policy
A written set of rules, principles or procedures intended to
influence and determine decisions, actions, and other
matters.
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Position
A set of current duties and responsibilities assigned by
competent authority to be performed by an individual or a
full or part-time basis. It may be occupied or vacant,
temporary or permanent.
Position
Description
The official record of duties, responsibilities, pay grade,
supervision and similar job definitions assigned to a
position.
Probation
The specified introductory period of employment following
hiring, reassignment or transfer to any position in the
WRPT service. It is an on-the-job test period for
observation and evaluation of the employee’s work and
must be satisfactorily completed before regular status may
be conferred.
Program Director
In this policy, the title of Program Director will refer to the
highest-level administrator in that unit.
A change in assignment of an employee from a position in
one class to another position in the same or different class
which is at the same or higher pay grade.
Promotion
Regular Employee
An employee who has completed his or her introductory
(probationary) period.
Seniority
The employee’s status with respect to length of service
with the Tribe as established by his/her hire date.
Series
A division of an occupational group comprised of classes
similar in kind of work, but differing in level of difficulty
and responsibility.
Sick Leave
Time off from work, paid or unpaid, due to an employee’s
temporary inability to perform duties because of a sickness
or disability.
Skill
The ability to perform a task with ease and precision.
Social Media
Online technologies and practices that are used to share
information and opinions, host conversations and build
relationships. It can involve a variety of formats and
providers.
Step
A level of salary within a pay grade. Employees progress
from step to step within their grades at certain specified
intervals according to the provisions of this Policy.
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Suspension
A temporary disciplinary separation of an employee from
his or her duties without pay.
Temporary
Appointment
An appointment in accordance with the rules to a position
established to meet a temporary program need with a
specified duration.
Transfer
The change of an employee’s position in the same pay
grade.
Training
Activities designed to orient, update and develop jobrelated skills of staff for present and potential positions in
the Tribal structure. It also includes all training activities
designed to help implement programs or introduce and
maintain administrative systems.
Tribal Chairman
The head officer of the Walker River Paiute Tribal Council.
Under the immediate supervision, direction and evaluation
of the Tribal Council, the Tribal Chairman supervises all
WRPT Program Directors and ensures that all Tribal
policies are carried out and adhered to during the daily
operation of programs. All duties of the Tribal Chairman
stated in the Human Resource Policies may be delegated
to the Tribal Vice Chairman or other Tribal official
designated by the Tribal Chairman.
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CHAPTER 1 ~ GENERAL PROVISIONS
1.1
Sovereign Immunity
The Walker River Paiute Tribe is a Sovereign Nation organized under the
Laws of the United States. As such, Federal or state laws do not apply on
Tribal lands unless so mandated by specific legislation of the United States
Congress or by decision of the Federal Courts. In some cases, the Walker
River Paiute Tribe may agree to observe a particular Federal or state law as a
condition for receiving a grant or other benefit. With these exceptions,
Federal and state laws do not apply within the Walker River Paiute Tribal
Lands or, in most cases, to employees of the Tribe while on official Tribal
business regardless of their location. Accordingly, nothing contained in this
Human Resources Policy shall in any way be construed as being a waiver or
diminishment of the sovereign immunity of the Walker River Paiute Tribe, or
the immunity of the Tribe’s officers, employees, agents and/or
representatives when acting in their official capacities.
1.2
Relationship
No statement within this policy shall constitute a contract, implied or direct,
between the employee and the Walker River Paiute Tribe. The Tribe wishes
to communicate standards of fairness that it will follow in its employeremployee relationship; these standards of fairness are contained within this
HR Policy.
1.3
Legal Conflict
The information and policies contained within this Human Resources Policy of
the Walker River Paiute Tribe (WRPT) were written with the Federal laws that
currently apply in mind. Laws and their language may change; and judicial
interpretations of existing laws impact their applicability. In the event of a
conflict between this HR Policy and applicable Federal laws, the laws shall
take precedence.
In the event of conflict, any provision of this Policy and any other provision of
any approved policy of the WRPT, the wording contained in the most-recently
Council-approved policy shall prevail.
1.4
Guiding Principles
The purpose of this Human Resources Policy is to establish a system of
personnel administration for the WRPT. This Policy provides methods to
recruit, select, develop and maintain an effective and responsive work force,
and includes policies and procedures for employee hiring and advancement,
training, career development, position classification, salary administration,
fringe benefits, discharge, grievances and other related activities. All
appointments and promotions under the provisions of this Policy shall be
based on merit and fitness. The guiding principles for the WRPT Human
Resources system shall be:
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a. recruiting, selecting and advancing employees based upon their relative
abilities, knowledge and skills;
b. to facilitate employment of disadvantaged persons;
c. to provide equitable and adequate compensation;
d. to train employees as needed to ensure high-quality performance;
e. to retain employees based upon adequacy of their performance;
f. to assure the fair treatment of applicants and employees in all aspects of
personnel administration without regard to creed, sexual orientation, sex,
color, race, religion, national origin, age, disability, military veteran
status, marital status or political affiliation, and with proper regard for
their privacy and other Constitutional rights as citizens, except when
Indian Preference or other preferences stated in Tribal Policies may apply;
g. to assure that employees are protected against coercion for partisan
political purpose and to prohibit the use of official authority for the
purpose of interfering with or affecting the results of an election or
nomination for office;
h. to assure that employees of the Walker River Paiute Tribe, whether in
regular Tribal employment, or under programs funded by special grants or
outside funding, be subject to this Policy. Any waivers or differing
procedures must be submitted in writing to the Tribal Chairman and
resolved in accordance with the provisions of this Policy;
i. to require all Program Directors and officials within WRPT service to follow
these policies and procedures in all matters pertaining to personnel
management and administration, including: selection, separation,
disciplinary action, and other matters covered by this Policy. All questions
regarding correct procedures to be followed, requests for eligibility lists
and requests for other assistance as needed shall be referred to the
Human Resources Manager;
j. an employee’s role is to provide services to Tribal Members and to the
Tribe. An employee may work in a specific department, program,
economic development project, or in a role that provides support for one
or more of the various programs. In that role, the employee reflects the
Tribe and is viewed as doing so by the Tribal Council and the general
public;
k. it is the policy of the Tribal Council to restrict all staff, other than those
delegated by the Council or the Tribal Chairperson, from directly
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contacting Council members regarding Tribal employment matters
regarding that particular employee except as set forth in these policies;
l. The development and publication of these HR Policies and Procedures is
not intended to be all inclusive. Individual departments or enterprises
may publish additional policies in order to address differing requirements
within their areas. However, no such policies can be in conflict with this
HR Policy without the specific approval of the Walker River Paiute Tribal
Council.
1.5
Applicability
These Human Resources Policies and Procedures shall incorporate all
programs that receive Tribal or other non-Tribal funds as a result of actions
taken by the Tribal Council, including: all grants, contracts and the Tribal
Housing Department.
This Policy shall apply to all WRPT positions except for the following, which
are exempt from coverage:
a. Members of the Walker River Paiute Tribal Council
b. Consultants
c. Legal Counsel
d. Any other positions specifically exempt as stated in a job announcement
or other official documents
1.6
Amendment, Rescission, Supersession
When officially adopted by Tribal Council Resolution, this Policy shall
supersede all prior personnel or human resources policies and procedures
previously adopted by the Walker River Paiute Tribal Council. This Policy
shall not be amended, canceled, replaced or superseded except by official
Resolution of the Walker River Paiute Tribal Council.
1.7
Human Resources Administration
a. Walker River Paiute Tribal Council
The Council, as the supreme legislative authority, is responsible for
approving all Tribal Policies. The Council is the final authority in the
interpretation of policies and retains the authority for final action on all
personnel appeals. The Council also exercises overall control over Human
Resources Management by approving positions and allocating funds
through the annual budget process, and by adopting a salary and wage
schedule applicable to all employees.
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b. Tribal Chairman
The Tribal Chairman delegates the responsibility of daily personnel
administration to the Human Resources Manager and, in consultation with
the Human Resources Manager, drafts such procedures as may be
necessary to carry out the provisions of this Human Resources Policy.
c. The Department/Program Director
Each Department/Program Director exercises the following authorities and
responsibilities within the personnel system in accordance with this Policy.
These actions must also be consistent with other Tribal policies and
budgetary constraints:
(1)
Takes the following personnel actions in conjunction with the
approval of the Tribal Chairman:
• Hires regular and temporary staff
• Promotes staff within the department
• Evaluates employee performance
• Recommends merit intervals and increases
• Reassigns staff based upon department work requirements
• Disciplines staff in accordance with this Policy
These actions are submitted to the Human Resources Department
for processing and filing according to established procedures.
(2)
In coordination with the HR Manager, determines staffing needs
based upon functions and objectives, and prepares a budget for
personnel services based upon Tribal and grant/contract applicable
requirements.
(3)
Initiates recommendations for special policies and procedures
applicable to the program which will best meet program needs and
promote cost effectiveness.
(4)
Initiates requests for exemptions and waivers from Tribal policies in
order to comply with specific grant/contract terms.
(5)
Establishes performance objectives and job descriptions for the
staff within the department.
(6)
Informs the Human Resources Department of any accidents or
injuries suffered by employees on the job, and completes such
reports as are required for insurance and records purposes.
(7)
Authorizes personnel fund disbursements through appropriate
documentation, including time and attendance reports.
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(8)
Approves overtime and compensatory time claims of employees
within budgetary constraints.
(9)
Determines the work assignments, work schedules and location
assignments of employees.
(10)
Grants leave requests of employees within established parameters.
(11)
Recommends to the HR Department the recruitment methods,
evaluation and interview procedures to be followed for positions
within the department.
(12)
Recommends improvements to the Human Resources system to the
HR Manager.
(13)
In coordination with the general hiring orientation conducted by the
HR Department, the Program Director conducts orientation for new
staff and instructs staff within the department.
(14)
Directs training, counseling and career development for the
department staff.
(15)
Handles other personnel duties and responsibilities as required and
which arise in the course of managerial functions.
The Director will adhere to the standards set forth in this Policy and other
WRPT policies in administering the Human Resources actions described
above.
d. Human Resources Department
The Human Resources Manager is responsible for administering the
Human Resources system. The HR Manager exercises the following
authorities/responsibilities in accordance with the provisions of this Policy:
(1)
Communicates the approved Human Resources Policy and
Procedures to all offices and departments; interprets the meaning
and intents of the HR Policy where it is unclear; and informs
departments of the procedures to be followed in administering HR
policies.
(2)
Prepares Policy changes and additions. Additions and amendments
to this Policy will be made on an “as needed” basis, with the entire
Policy reviewed at least every two years. All additions and
amendments must be approved by the Tribal Council with
supporting Resolutions.
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(3)
Conducts a salary survey, and prepares and recommends
modifications of salary schedules to the Council no less than once
every two years.
(4)
Working closely with the Tribal Chairman and departments,
classifies positions according to the policies approved by the Tribal
Council.
(5)
Maintains files of position descriptions and job announcements in
an orderly, organized manner.
(6)
Maintains personnel files on all employees and keeps associated
records current, handling all documentation in a respectful and
confidential manner.
(7)
In coordination with the appropriate department director, prepares
and recommends special policies and waivers to the Tribal Council
through the Tribal Chairman and maintains complete files of all
such policies prepared and approved.
(8)
Directs the recruitment and screening of applicants.
(9)
Certifies appointments, promotions, terminations and other
personnel actions to the Payroll Officer, and withholds certification
if such actions violate approved policies.
(10)
Develops specific procedures, forms, booklets, etc. required for
implementation of these policies.
(11)
Conducts initial orientation of new employees in coordination with
the hiring department.
(12)
In conjunction with department heads and/or program managers,
provides for employee training, counseling and career
development.
(13)
Reviews disciplinary action taken by directors and maintains
records of grievances filed by employees. The HR Department
provides technical and staff assistance to the parties of a grievance
or appeal, and assures compliance with the established grievance
and appeals procedures.
(14)
Administers the insurance programs for employees, including:
enrollment, change, termination, claims processing and
representation of the employee at eligibility hearings. The HR
Manager will investigate and recommend any changes to insurance
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coverage or benefits to the Tribal Council through the Tribal
Chairman.
(15)
Administers the Tribe’s Substance Abuse Policy in accordance with
Part II of this Human Resources Policy.
(16)
Conducts background checks of candidates for positions in
accordance with established provisions of this HR Policy.
(17)
Maintains awareness of changes in Federal laws which apply to
Tribal human resources/labor management and informs the Tribal
Council through the Tribal Chairman thereof.
(18)
Performs any other lawful acts which are considered necessary or
desirable by the Tribal Council or Chairman to administer the
purpose of the Human Resources system and the provisions of this
Human Resources Policy.
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CHAPTER 2 ~ RECRUITMENT AND SELECTION
2.1
Recruitment
(a)
To ensure that interested persons are informed and qualified persons
are encouraged to compete, job openings shall be public for a
minimum of ten (10) business days. If there are no qualified
applicants, the announcement shall be extended an additional ten (10)
business days or shall remain open until filled or withdrawn.
(b)
Vacancy announcements for the Program Director positions shall
remain posted for a minimum of thirty (30) calendar days unless the
Tribal Chairman approves a shorter duration due to urgent
requirements to fill the position.
(c)
In order to ensure equal employment opportunity and as deemed
necessary by the HR Manager, announcements shall be posted on
bulletin boards and the Tribal website, and advertised to the extent
that they will be available to all members of the community and other
interested parties. Additional distribution of announcements may be
made to newspapers, radio and television stations, educational
institutions, unemployment offices, employment recruiting firms and
community organizations as needed.
(d)
Every consideration shall be given to filling vacancies by promotion or
transfer of current WRPT employees or recently laid-off employees
who meet all qualifications for the particular vacancy. Any regular
employee who applies for another position within the Tribe and who
also meets the minimum qualifications for the vacancy may be
awarded credit for being a current WRPT employee during the
interview process.
(e)
Preference in Hiring
The Walker River Paiute Tribal government shall apply preference,
equal opportunity and affirmative action in accordance with Federal
law as follows:
(1)
Military Veterans who have received an honorable discharge and
provide a Form DD214 as evidence thereof.
(2)
Indian Preference as follows: Preference is given to qualified
Native American Indians in accordance with the Indian
Preference Act (Title 25 USC Sections 472 and 473). Applicants
claiming Indian Preference must provide certification of
enrollment from a Federally-recognized tribe or other acceptable
documentation of Native American heritage which may include,
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Page 14
but is not limited to, a letter from the tribe, tribal identification
card, or judgment roll.
If two equally qualified candidates apply for the same position,
with the only difference being their race, the Native American
candidate will be chosen based on “Indian Preference.” Being
an Indian or a Tribal member does not automatically guarantee
that he/she will be selected for the job; they must also be
equally qualified. If two equally qualified Native Americans
apply, then the candidate who is a member of the Walker River
Paiute Tribe will be selected.
2.2
Job Announcements
Vacancy announcements shall include the position title, class title and grade,
filing deadline, salary/wage range, brief description of major duties and
responsibilities, positions supervised, minimum qualifications, scope of the
evaluation, and scheduled date of evaluations. The announcement will also
include an Indian Preference statement and a statement encouraging all
qualified applicants to submit.
2.3
Filing Applications
(a)
Applications for employment must be on forms provided by the Human
Resources Office or on the Tribal website and must be filed with the
Human Resources office (and any other location designated by the HR
Manager) on or before the closing date specified in the announcement
or postmarked before midnight of that date.
(b)
Applicants may also be considered for any other job for which there is
a vacancy and for which they meet minimum qualifications.
(c)
All applications must be signed and the truth of the statements
contained therein certified by signature. The HR Manager or Tribal
Chairman may terminate an employee or deny consideration of an
applicant if it is discovered that the person misrepresented himself or
herself deliberately in the selection process, lied about significant
information, or used political or other pressure.
(d)
Application Package
The application package shall contain: the application; a signed
release for the Tribe to verify employment and/or obtain a credit
check; and a signed released authorizing the Tribe to conduct a
background check and a signed agreement to submit to substance
abuse screening.
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2.4
2.5
Qualifications
(a)
The HR Office will screen all applicants for minimum qualifications
established for the job. Minimum qualifications reflect only the basic
knowledge, skills and abilities which are directly related to the duties
of the position. Minimum qualification requirements will be: education,
certification, knowledge, ability, skill and physical requirements to
perform essential job functions.
(b)
No minimum educational requirements will be prescribed without
provision for substitution of equivalent training and/or experience,
except when the duties of a scientific, technical or professional position
cannot be performed by a person who does not have a prescribed
minimum education or professional certification.
(c)
The minimum qualifications for WRPT positions will be determined by
the Human Resources Manager in consultation with the Program
Manager and approved by the Tribal Chairman.
Americans with Disabilities Act
Where, in order to obtain funding for a grant or contract award, it is
necessary to comply with certain provisions and conditions of the award
including the Americans with Disabilities Act of 1990 (ADA), the WRPT is
prohibited from discriminating against qualified individuals with disabilities in
job application procedures, hiring, firing, advancement, compensation, job
training, and other terms, conditions, and privileges of employment.
(a)
An individual with a disability is a person who:
•
•
•
(b)
Has a physical or mental impairment that substantially limits
one or more major life activities;
Has a record of such an impairment; or
Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who,
with or without reasonable accommodation, can perform the essential
functions of the job in question. Reasonable accommodation may
include, but is not limited to:
• Making existing facilities used by employees readily accessible
to and usable by persons with disabilities.
• Job restructuring, modifying work schedules, reassignment to a
vacant position;
• Acquiring or modifying equipment or devices, adjusting or
modifying examinations, training materials, or policies, and
providing qualified readers or interpreters.
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(c)
The Tribe is required to make a reasonable accommodation to the
known disability of a qualified applicant or employee if it would not
impose an "undue hardship" on the operation of the Tribe’s business.
Reasonable accommodations are adjustments or modifications
provided by an employer to enable people with disabilities to enjoy
equal employment opportunities. Accommodations vary depending
upon the needs of the individual applicant or employee. Not all people
with disabilities (or even all people with the same disability) will
require the same accommodation. The Tribe does not have to provide
a reasonable accommodation if it imposes an "undue hardship." Undue
hardship is defined as an action requiring significant difficulty or
expense when considered in light of factors such as an employer's
size, financial resources, and the nature and structure of its operation.
The Tribe is not required to lower quality or production standards to
make an accommodation; nor is the Tribe obligated to provide
personal use items such as glasses or hearing aids.
The Tribe generally does not have to provide a reasonable
accommodation unless an individual with a disability has asked for
one. If the Tribe believes that a medical condition is causing a
performance or conduct problem, it may ask the employee how to
solve the problem and if the employee needs a reasonable
accommodation. Once a reasonable accommodation is requested, the
Tribe and the individual should discuss the individual's needs and
identify the appropriate reasonable accommodation. Where more than
one accommodation would work, the Tribe may choose the one that is
less costly or that is easier to provide.
2.6
Evaluation of Applicants
(a)
The Human Resources office will screen all applications to determine if
they meet the minimum requirements as specified in the vacancy
announcement.
(b)
In consultation with Program Directors, the HR Manager will determine
the type of evaluation to use in evaluating applicants. The evaluation
may be by means of interviews, evaluation of training and experience,
written tests, background or reference checks, or any combination of
these; or any other selection methods which validly evaluate the
applicant’s qualifications.
(c)
Applicants for most positions will be ranked by the HR Manager and
the list sent to the Program Director for action. Other employee
positions are filled by the personnel Selection Committee; Department
Heads are selected by the Tribal Chairman in conjunction with the HR
Director. All selections require the approval of the Tribal Chairman.
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2.7
(d)
No candidate can be hired prior to satisfactory completion of: credit
checks (see 2.7); employment and/or reference verification (see 2.8);
a background check (see 2.9); verification of educational requirements
(see 2.10); driver license checks as required (see 2.11); and preemployment substance abuse screening (see 2.12). For this reason, it
may be advantageous to perform these steps on two or more
applicants prior to making the final selection, in the event the first
choice does not pass.
(e)
Applicants certified and placed on an eligibility list may remain on this
list for a period of up to twelve (12) months and may be considered for
employment while on this list during this period.
(f)
All applicants will be rated and interviewed unless there are more than
five (5) applicants for a particular position. If that number is
exceeded, applicants will be screened on the basis of their rating and
the five (5) with the highest rating will be interviewed.
Credit Checks
When the position requires the employee to adhere to high standards of
fiscal responsibility, such as budgeting, handling or accounting for money or
access to legal information, the position description may require that a credit
check with a reputable and recognized credit bureau or reporting company be
obtained. The performance of such an investigation requires that the
applicant sign a release authorizing the credit check. Individuals with recent
bankruptcy or other major credit problems may be considered ineligible for
those types of positions. The results of the investigation shall be held in
strict confidence and, should the applicant fail to qualify for the position after
evaluation of the report, the applicant must be given the name and contact
of the credit reporting firm and given the opportunity to correct any incorrect
information.
2.8
Employment and Reference Verifications
All employees and candidates being seriously considered shall undergo
employment verification back to either at least five years of prior
employment or two previous jobs, whichever covers the longest period of
time. The candidate must sign a release to conduct such employment
verifications at the time he/she completes the application. Typically, such
verification requests must be in writing and must include a copy of the
release; prior employers will usually provide dates of employment, starting
and ending salary and whether or not the employee is re hire able, but
nothing more.
Where prospective employees do not have prior work experience or where
their time on previous jobs is too short to meet the requirements of the
minimum employment verification, personal references may be contacted.
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2.9
Background Checks
All candidates being seriously considered for an open position shall undergo a
background check performed by a reliable company specializing in such
reports. Candidates must sign a release form for such checks at the time of
completing and filing an application for employment. If, upon receiving a
background check report, it is determined that information contained therein
is of such a nature that the candidate cannot be hired, the candidate must be
provided with the name of the company used to obtain the report and given
the opportunity to correct any derogatory information in the report.
(a)
Potential employees must not, within a three (3) year period preceding
submittal of an application, been convicted of: commission of a fraud;
a criminal offense in connection with obtaining or attempting to obtain
or perform a public contract (federal, state or local); embezzlement;
theft; forgery; bribery; falsification or destruction of records; making
false statements; receiving stolen property; larceny involving money;
or burglary in the first degree.
(b)
All potential employees having any conviction for a sex crime, an
offense involving a child victim, or a drug felony within the last seven
(7) years shall automatically be disqualified from Tribal employment.
Those with felony convictions for violent crimes can also be disqualified
from Tribal employment. For the purpose of this policy, “violent
crime” is any violent behavior by persons against another person or
property that intentionally threatens, attempts or actually inflicts
physical harm.
(c)
If a potential employee has a felony conviction other than those
specifically listed above and has rehabilitated himself or herself from
the behavior and alleviated such circumstances in their life to become
a productive member of the community and society, he/she may be
considered for the position unless employment of an individual with a
specific charge is specifically prohibited by law or a bonding insurance
company. The potential employee must provide sufficient proof of
rehabilitation or alleviation upon request. The Tribal Chairman will
make a determination of the potential candidate’s suitability for this
position.
(d)
The employment application shall ask the candidate to list any prior
convictions. Failure to disclose will automatically disqualify a
candidate for consideration.
(e)
To the extent possible, all information received in connection with the
background check process shall be kept confidential. When disclosure
is necessary, it shall be in the form of hardcopy only. All hardcopies
will be immediately returned and/or destroyed upon satisfaction of the
appropriate disclosure. The HR Office shall serve as the Office of
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Record for all background checks and will ensure confidentiality of such
information. Tribal policy and Federal laws recognize a subject’s right
to privacy and they prohibit Tribal employees and others from seeking
out, using or disclosing personal information except when within the
scope of their assigned duties.
(f)
In situations where the hiring of an employee is urgent, an employee
may be hired on a provisional basis after a cursory provisional
background check, while the results of a complete background check
are pending. Such a provisional hiring requires the approval of the
Tribal Chairman.
(g)
The background requirements which must be met for any particular
position will be determined at the time the position description is
written.
(h)
Staff, Volunteers, standing committee and partners of the Boys & Girls
Club will update background checks every January of each year not to
(amended 02/20/19 WR-35-2019)
exceed 12 months.
2.10 Verification of Educational Requirements
Where a particular position stipulates that a certain level of education,
professional certification, or trade accomplishment is a firm requirement,
such education and credentials will be verified. This may be done through
presentation of academic transcripts, diplomas, professional licenses or
certificates, or written verification of trade accomplishment.
Misrepresentation by a candidate or employee is grounds for denying
employment or for dismissing an employee.
2.11 Driver License Records Checks
All candidates being considered for employment, as well as contractors and
volunteers who may be called upon to drive a vehicle (either personal or
Tribal) while on Tribal business on or off the Walker River Paiute Tribe
Reservation, will be required to provide the HR Office with a copy of their
DMV driving record report prior to being hired.
Examples of unacceptable driving infractions which may be deemed
unacceptable for up to five years include, but are not limited to:
(a)
Hit and run
(b)
Failure to report an accident
(c)
Using a motor vehicle for the commission of a felony
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(d)
Operating a motor vehicle without owner’s authority
(e)
Reckless Driving
(f)
Participating in a speed contest
(g)
Driving under the influence of alcohol or drugs
(h)
Refusal to submit to an alcohol or drug test involving operation of a
motor vehicle
(i)
Operating a motor vehicle during a period of license suspension
(j)
Homicide, manslaughter or aggravated assault with a motor vehicle
(k)
Attempting to elude law enforcement officers
(l)
Failure to stop and/or report an accident
(m)
Youthful passenger with an open container
(n)
Individuals requiring an SR-22 filing or other roofs of financial
responsibility
All employees and volunteers who are convicted in any court of any traffic
violation must notify their supervisors and/or Human Resources immediately.
It is also the responsibility of employees and volunteers who drive on Tribal
business to provide the HR Office with a driving printout every three years
after their hire date.
2.12 Substance Abuse Screening
Prior to being hired, the candidate must agree to abide by the WRPT
Substance Abuse Policy (see Part II of this Policy) and must take and pass a
pre-employment substance abuse screening for drugs and alcohol.
Regardless of current laws regarding the legality or illegality of alcohol or
marijuana, alcohol and marijuana are not allowed in the Tribal workplace and
it is against WRPT Policy for an employee to be under the influence or to test
positive for alcohol, marijuana or any other non-prescribed medication while
on the job or at the workplace.
Failure to pass a pre-employment substance abuse screening shall be
considered as automatic disqualification for consideration.
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2.13 Immigration Law Compliance
The Walker River Paiute Tribe is committed to employing only those who are
legally authorized to work in the United States and does not discriminate in
hiring on the basis of citizenship or national origin.
In compliance with the Immigration Reform and Control Act of 1986, each
new employee must, as a condition of employment, complete the
Employment Eligibility Verification Form I-9, and present documentation
establishing identity and employment eligibility no later than the date of hire.
Any candidate or employee with an expiring work authorization must renew
the authorization or the candidate will be disqualified or an employee will be
considered to have voluntarily resigned.
Former employees who are rehired must also complete the I-9 Form.
All offers of employment are conditioned upon the receipt of satisfactory
evidence of an employee’s authorization to work in the United States and
continued satisfactory evidence of such authorization.
2.14 Appointing Authority
The appointing authority shall be the Tribal Chairman or other designated
official who has authority to make appointments. After the appointing
authority has made his/her selection, the HR Manager will ascertain that all
required documentation, investigations and tests have been completed and
shall then certify appointments. The Tribal Council shall make appointments
of Program Directors, including the Finance Officer, Comptroller, and Human
Resources Manager.
2.15 Appointments
Prospective employees will receive offers of employment from the Tribal
Chairman. The written offer will include a brief description of the job,
starting monthly salary, effective (reporting) date of employment and other
specific conditions relating to the individual’s employment.
2.16 Types of Employment
(a)
Full-time
Any employee who works a minimum of 30 hours per week on a
continuing basis.
(a)
Part-time
An employee who works less than 30 hours per week on a continuing
basis.
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(b)
Introductory (Probationary)
New full-time will complete an introductory period of ninety (90) days
prior to becoming regular employees; new part-time employees will
complete an introductory period of 180 days. This period may be
extended for up to ninety (90) days if the employee has not
demonstrated required knowledge and capability to do the job. (see
Chapter 3).
(c)
Regular
One who has completed the introductory (probationary) period either
in a full-time or part-time capacity.
(d)
Temporary
An employee who is not permanent. Employees on temporary
appointment are not eligible to participate in health insurance plans.
Should a temporary employee become a permanent employee, his/her
anniversary date will be determined as the date the employee became
a regular permanent employee. Temporary appointments may be
made for up to thirty (30) days by the Tribal Chairman.
Temporary employees are not entitled to be paid holidays; they must
actually work on an authorized holiday in order to be paid and their
immediate supervisor must authorize such work.
(e)
Seasonal
Department heads may make seasonal appointments where additional
employees are needed during a particular season, provided budgeted
funds are available. Seasonal appointments shall not exceed three (3)
full calendar months.
(f)
On-Call Temporary
Sometimes referred to as “occasional workers,” these employees fill in
where a department is critically short of employees for a short period,
such as during periods of employee illnesses or Tribal emergencies.
Such employees may be hired spontaneously and without a
background check with approval of the HR Director and Department
Head, and must be directly supervised. The length of employment is
usually just a matter of very few days or even hours.
2.17
Restrictions on Rehiring Former Employees
The following individuals shall not be eligible to be hired by the Tribe:
(a)
(b)
Any prior Tribal employee terminated from employment with the Tribe
is ineligible for rehire for a period of one (1) year from the date of
termination.
Any prior Tribal employee who has resigned from employment with the
Tribe without giving two (2) weeks advance notice is ineligible for
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(c)
(d)
rehire for a period of one (1) year from the last day of employment;
unless the former employee’s supervisor and the Human Resources
Manager waive this restriction based on the best interests of the Tribe.
Any prior Tribal employee terminated from employment with the Tribe
pursuant to these Human Resources Policies and Procedures for the
offenses of assault, fighting, gross negligence or gross insubordination
is not eligible for rehire for a period of (2) years from the last day of
employment.
Any prior Tribal employee terminated from employment with the Tribe
pursuant to these Human Resources Policies and Procedures for the
offenses of theft or falsification of official records will be permanently
prohibited from employment with the Walker River Paiute Tribe.
Tribal Council Approved December 14, 2017 WR-126-17
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CHAPTER 3 ~ TERMS AND CONDITIONS OF EMPLOYMENT
3.1
Code of Conduct
(a)
Employees and other Tribal Representatives of the Walker River Paiute
Tribe shall at all times conduct themselves in a professional manner in
their relations with other staff and county, state and federal workers,
and with the Reservation and general community population served.
(b)
They will conduct themselves in an honest and upright manner, with
regard to the responsibility they have in their position.
(c)
They will conduct their personal affairs in a manner that does not
adversely reflect upon the Tribe or their own integrity, reputation or
credibility.
(d)
They will always act with the best interests of the Tribe in mind and
will strive to excel in the delivery of services to the Tribal population.
(e)
They will avoid any and all potential or perceived conflict of interest
with Tribal objectives and policies by voluntarily removing themselves
from any decision-making process that may be affected by the conflict
of interest.
(f)
They will safeguard Tribal information and assets at all times.
Disclosure of confidential information is grounds for immediate
dismissal.
(g)
They will disclose to their immediate supervisor and/or the Human
Resources Manager any interests relating to an individual or business
including, but not limited to, employment with said other individual or
business, any business relationship or economic interest other than
holding common stock in such business.
(h)
Employees shall not accept privileges, benefits or gifts that may affect
their ability to remain objective in the performance of their duties.
(i)
Employees shall not receive money or material benefit as a result of
their position except for compensation received directly from the Tribe.
(j)
Employees will not accept a gift: from any person seeking to obtain a
contract, grant, loan, employment, or any financial relationship or gain
from the Tribe; from a person or business whose operations or
activities are regulated or inspected by the Tribe; from a principal or
attorney in proceedings in which the Tribe is an adverse party.
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3.2
(k)
Use, request, or permit the use of the Tribe’s motor vehicles,
equipment, computers, materials or property, except for in the
conduct of official Tribal business.
(l)
Employees shall not impede any employee/employment investigation
or Tribal Police investigation. No employee shall willfully fail or refuse
to comply with any lawful order of any Tribal Police Officer.
(m)
Employees shall follow the established chain of command in resolving
problems arising out of the employer/employee relationship.
(n)
Employees shall not attempt to speak directly with a Member of the
Walker River Paiute Tribal Council regarding Tribal business or
employment issues without following the established chain of
command.
(o)
Employees shall not exhibit unprofessional behavior, including:
confrontational, argumentative, angry outbursts, threats of violence,
harassment, retaliation or bullying while on duty.
(p)
Employees shall not use or be under the influence of alcohol, nonprescribed medications, or drugs including marijuana during working
hours.
(q)
Employees shall not participate in a consenting romantic or sexual
relationship between a supervisor/manager and an employee who
shares a reporting relationship.
Introductory Period (Probation)
(a)
All new full-time employees, including Program Directors, shall be
placed on an introductory (probationary) period for a period of ninety
(90) days. This period may be extended up to an additional ninety
(90) days if deemed necessary to adequately evaluate the employee’s
suitability for employment. Employees must complete their
introductory period within the specified time-frame or be terminated.
All employees who are serving their introductory period shall be
evaluated by their supervisors at the end of their introductory period
to determine regular status.
(b)
All new part-time employees shall be placed on an introductory
(probationary) period for 180 days. This period may be extended up
to an additional ninety (90) days if deemed necessary to adequately
evaluate the employee’s suitability for employment. Employees must
complete their introductory period within the specified time-frame or
be terminated. All employees who are serving their introductory
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period shall be evaluated by their supervisors at the end of their
introductory period to determine regular status.
3.3
(c)
It is the responsibility of the HR Manager and the Program Manager to
conduct the introductory period reviews before the end of the
introductory periods. Failure to do so may result in the automatic
“regular” status of the new employee and in disciplinary action for the
HR Manager or Program Manager.
(d)
Upon successful completion of a probationary period, the employee will
be granted “regular” status. All accrued vacation and sick leave shall
be credited to the employee and made available according to this
Policy.
(e)
If at any time during the introductory period the Program Director
determines that the services of the employee have been
unsatisfactory, an employee may be terminated without the right of
appeal, except in the event of alleged discrimination. The Tribal
Chairman or designee reserves the right to terminate employment at
any time during the introductory period without explanation.
(f)
Employees terminated during their introductory or extendedintroductory period shall not be eligible for payment for any accrued
leave.
(g)
During their introductory period, employees will not receive any pay
increases, other than “across the board” increases which are given to
all employees.
(h)
As a condition of employment, when an employee agrees to a transfer,
promotion or reassignment, the employee will be placed on a ninety
(90) day probationary period.
Promotion
Promotion occurs when an employee moves from his or her current position
to a position of increased responsibility and complexity which is compensated
at a higher pay grade. No employee shall be promoted if he/she does not
meet the minimum qualifications of the higher level position. Employees who
are on probationary status will not be considered for promotion unless
approved by the Tribal Chairman.
Individuals who are promoted must serve a ninety (90) day probationary
period from the date of promotion. They may use vacation and sick leave
which has been accrued up to the date of their promotion.
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3.4
Promotion Policy
Vacancies shall be filled by promotion from within whenever practical and in
the best interests of the Tribe. Promotions shall be based on merit and shall
be in accordance with selection procedures established in this Policy.
3.5
Temporary Promotions
Temporary promotions may be made in certain situations such as periods of
extended leave, special temporary projects, etc. The employee will be paid
at the usual rate of the higher-level position. The employee’s pay will revert
to his/her normal pay when the temporary promotion is completed.
3.6
Reassignment
Reassignment occurs when an employee is moved from one position to
another position which has different duties and responsibilities, but which is
compensated at the same pay grade. An employee must meet the minimum
qualifications of a position before he/she can be reassigned to it. The HR
Manager shall verify that the employee meets the requirements for the new
position.
In those cases where an employee is reassigned to a position with a lower
pay grade, the employee shall be placed into the new pay grade at the pay
step of his/her current rate of pay, providing funds are available.
In the case of Program Director reassignment, the Director shall be placed
into the new pay grade, but it shall be the responsibility of the Walker River
Paiute Tribal Council to determine at which pay step of the new pay grade
the director will be placed, provided funds are available.
In the event of reassignment of an employee, both of the affected
Department Heads, (losing and gaining), must agree to the reassignment.
3.7
Transfer
Transfer occurs when the employee’s position, duties and responsibilities
remain the same, but he/she is moved from one department or division to
another. Transfers may occur when the Program Directors involved agree on
the transfer or the Tribal Chairman orders a transfer.
3.8
Demotion
Demotion occurs when an employee moves from his/her current position to
another position which has less responsibility and complexity and which is
compensated at a lower pay level. The supervisor, in conjunction with the
Program Director and Tribal Chairman or designee may demote an employee
for insufficient performance of duties or for any other justifiable reason after
due process. A written statement for reasons for the demotion will be
provided to the affected employee prior to the time of demotion. An
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employee may be demoted to an unfilled position in a lower class for which
he/she is qualified under the following circumstances:
3.9
(a)
When the employee would otherwise be laid off due to the position
being abolished, it is reclassified, there is insufficient work or funding
has expired;
(b)
When the employee does not meet the necessary qualification to carry
out the job or has insufficiently performed the duties of the job; or
(c)
When the employee requests the demotion.
Separation
(a)
Retirement
Retirement is the separation of an employee in accordance with the
provisions of the retirement system under which the employee is
eligible to receive retirement benefits.
(b)
Resignation
Resignation is the separation of an employee by his or her voluntary
act. The employee should give at least a two week advance notice in
writing to the immediate supervisor and to the HR Manager.
(c)
Layoff
An employee may be laid off whenever it is deemed necessary due to
lack of work or funds, program reduction or reorganization, or other
administrative adjustment. The affected employee(s) shall be notified
by the HR Manager of an impending layoff at least ten (10) days prior
to the effective date of layoff. The notification shall state the reason
for the layoff and any options available to the employee such as
reassignment or subsequent re-employment. Seniority, performance,
and type of appointment shall be considered in determining the order
of layoff until all employees in the same classification have been
separated.
(d)
Termination
An employee may be dismissed by the Tribal Chairman or designee, or
Program Director at any time during the probationary or introductory
period. Where an employee has been transferred, promoted or
reassigned to a position and is still within a probationary period, every
effort will be made to return the employee to his/her prior position
providing an opening exists. A regular employee by be dismissed by
the Tribal Chairman or designee for cause in accordance with the
disciplinary provisions of this Policy.
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Page 29
3.10 External Employment Programs
Occasionally, the Walker River Paiute Tribe will coordinate with other outside
agencies in the labor market which assist unemployed or disadvantaged
persons is reentering the job force, such as the Native American
Development Program, etc. Those individuals who are placed into Tribaloperated programs must agree to be subjected to the scope and authority of
the Walker River Paiute Tribe’s Human Resources Policy.
3.11 Absenteeism
Absence is the failure to report to work and to remain at work as scheduled.
Absence includes late arrivals and early departures as well as absence for an
entire day. Regular and punctual attendance is essential for efficient
operations; employees are expected to be at their work stations and ready to
work at the assigned time. When an employee knows in advance they are
going to be absent or late, they must notify their supervisor and/or HR Office
as soon as reasonably possible under the circumstances. Failure to request
advance approval or report the absence or tardiness as herein described will
result as the absence being recorded as unexcused.
An employee who fails to call in to the supervisor or Human Resources for
three consecutive days to report such absence is considered to have
voluntarily terminated their employment with the Tribe. An employee who,
due to accident or being treated in a hospital for illness, is unable to call
must have a relative notify the Tribe during this three-day period.
Employees who are excessively absent may be required to document the
reasons, including providing a doctor’s certificate. Upon returning to work,
the employee must report to his/her supervisor and/or HR Manager the
reasons for absence and, if valid, no discipline will be imposed. If the
reason is not acceptable, the employee may be disciplined in accordance with
this Policy as follows:
(a)
First unexcused absence
Written warning
(b)
Second unexcused absence
Three (3) day suspension
(c)
Third unexcused absence
Termination
Employees who are habitually late or who leave early without permission
may be considered to have had an unexcused absence.
3.12 Outside Employment
Employees may hold other jobs or have their own business as long as the
employee understands that his/her primary obligation is to the Walker River
Paiute Tribe, and that such other job or business meets the standards of the
Code of Conduct and will not interfere with the required employee’s
standards of performance.
Tribal Council Approved December 14, 2017 WR-126-17
Page 30
3.13 Privacy in the Workplace
(a)
In order to maintain the security of governmental operations, the
Tribe, through a Director in conjunction with the Tribal Chairman or
Human Resources Director, may gain access to and search all work
areas and personal belongings, including desks, drawers, lockers,
briefcases, handbags, pockets, cell phones and other personal effects
located in the Tribe’s offices, buildings, parking lots, and government
and enterprise areas. Employees are not to leave personal belongings
in the workplace except for items required to perform their duties or
which serve as appropriate professional office or workplace decoration.
All personal items not retrieved at the time of separation from
employment shall become the property of the Walker River Paiute
Tribe.
(b)
The Tribe reserves the right to request or retain keys to any locked
area in the Tribe’s offices. If personal locks are placed on lockers or in
any area of the Tribal Government, the Tribe may request a copy of
the key.
(c)
Workplace areas may be subjected to surveillance and business
telephone calls may be monitored.
3.14 Information Technology
This section will address: Tribally-owned computers, cell phones, smart
phones, tablets; personally-owned computers, cell phones and smart phone
in the workplace; and the use of social media and the Internet.
(a)
Tribal computer systems, cell phones, smart phones, tablets and
similar technology are for business use, and the Tribe reserves the
absolute right to monitor, review, audit and disclose all matters input
to or sent over the Tribe’s computer system, cell phones, smart
phones, tablets or similar technology or placed in storage thereon,
including text messages and email. Employees are required to
provide their supervisors with their associated passwords for all such
devices.
(b)
Employees must identify themselves accurately and completely when
corresponding or participating in interactive internet activities on Tribal
technology devices.
(c)
Employees must obtain permission from the Tribe’s I.T. Department
prior to downloading or installing any software from the Internet or
other sources.
(d)
Employees must delete any offensive or obscene electronic mail or
other materials received or encountered on the Internet or any other
electronic device owned by the Tribe. Such material must not be
forwarded, downloaded, recorded, copied, printed, saved or viewed.
Tribal Council Approved December 14, 2017 WR-126-17
Page 31
(e)
Employees who encounter offensive or obscene email or material, or
who receive emails from unknown sources, must notify the I.T.
Department.
(f)
As with personal cell phones, smart phones and similar devices and
personal calls on business telephones, employees are expected to keep
Internet use for personal business at an absolute minimum.
(g)
All material, documents and data entered into the Tribe’s computers
are property of the Tribe and shall not be disseminated to any other
tribe, business or individual without permission or instruction from
immediate supervisors.
(h)
No personal computers, smart phones, tablets or other external
devices including, but not limited to, smart drives, flash drives, or
external hard drives are to be connected to the Tribe’s computers or
network at any time unless given express permission by the IT
Department.
(i)
All electronic devices belonging to the Tribe (cell phones, smart
phones, tablets, laptops, IPads, etc.) are to be brought to work every
day. No such devices are to be allowed to be used by any other
individual whether employed by the Tribe or not.
(j)
Use of ICloud or similar external software applications is strictly
prohibited on any Tribal equipment.
(k)
Employees are prohibited from intercepting or accessing Email or
information intended for other employees; however, employees shall
have no expectation of privacy for Email, Internet use or on any
electronic device owned by the Tribe.
(l)
Employees must not use profane, obscene or sexually-oriented
language in any communication using Tribal devices.
(m) Employees may not knowingly download or distribute any licensed or
copyrighted material in violation of copyright laws.
(n)
All requests by outside agencies or individuals for access to data, email
and other information stored on the Tribe’s computers or network
must be referred to the I.T. Department and the Tribal Chairman for
approval, whether by subpoena or not.
(o)
No personally-owned computer, laptop, smart phone, tablet or similar
device can be used for Tribal business without the expressed, written
consent of the Tribal Chairman (see 3.14 (p)).
(p)
When circumstances require, the Tribe may choose to provide
employees with a cell phone or smart phone for business use. This
may be a Tribal-owned phone or the Tribe may choose to reimburse an
employee for business use on his/her personal cell phone at an
Tribal Council Approved December 14, 2017 WR-126-17
Page 32
agreed-upon rate. Tribal-owned devices must be used by the assigned
employee only.
3.15 Social Media
Social media includes: blogs, wikis, microblogs, message boards, chat rooms,
electronic newsletters, online forums, social networking sites and other sites
or services that permit users to share information with others in a
contemporaneous manner. Employees should be aware of the effect their
actions might have on their images as well as the Tribe’s image. Information
posted or published by them may become public information for many years.
(a)
The Tribe may observe content and information made available by
employees through social media. Employees should use their best
judgment in posting material that may be harmful or inappropriate to
the Tribe, Tribal Members, other employees, patients or clients. Some
specific examples of prohibited social media conduct include: posting
commentary, content or images that are defamatory, pornographic,
proprietary, harassing, libelous, or that can create a hostile work
environment.
(b)
Employees are not to publish, post or release any information that is
considered by the Tribe to be confidential or not to be made public.
(c)
Employees should get appropriate permission before they post images
of other current or former employees, Tribal Members, vendors,
suppliers, clients or patients.
(d)
Social media use must not interfere with an employee’s job duties.
The Tribe’s computers and networks are to be used for business
purposes only. When using the Tribe’s computers or networks, the
use of social media for business purposes is allowed, but personal use
of social media networks is not.
(e)
Employees are not authorized to speak on behalf of the Tribe to the
press, media, or any non-Tribal group or organization including
through social media unless expressly authorized to do so by the
Chairman or Tribal Council.
3.16 Fraud in the Workplace
Fraud shall not be tolerated in the workplace. The Tribal Chairman and
Program Directors are responsible for the detection and prevention of fraud,
misappropriations and other irregularities. The Programs Directors must be
aware of the types of fraud which may occur and be alert for any irregularity.
(a)
Any irregularity that is detected or suspected must be reported
immediately to the Tribal Chairman who may refer the matter to the
Tribal Police, Tribal Attorney and/or outside agencies for investigation
and determination.
Tribal Council Approved December 14, 2017 WR-126-17
Page 33
(b)
Types of fraud may include, but are not limited to: any dishonest or
fraudulent act; misappropriation of funds, supplies or assets; receiving
gifts or kickbacks from vendors; improperly handling money or
reporting of financial transactions; disclosing confidential and/or
proprietary information to third parties; destruction, removal or
inappropriate use of records, equipment, furniture or fixtures without
permission.
(c)
Anyone reporting any irregularity that is detected or suspected must
be acting in good faith and have reasonable grounds for believing the
information provided. Allegations made maliciously or with knowledge
shall be grounds for disciplinary action up to and including termination.
3.17 Use of Tribal Vehicles
(a)
General Guidelines
Tribal employee vehicle operators are responsible for their own and
others’ safety. Tribal vehicles will be operated in a professional and
courteous manner, and maintained in a clean and safe condition.
Tribal vehicle operators shall obey all applicable laws, regulations and
all Tribal Policies.
(1)
Passengers who are not employees are not to be carried in any
Tribal vehicle, with the exception of vans or cars used for
transporting clients, patients, crews to work sites and similar
reasons.
(2)
Any person driving or riding in a Tribal vehicle must comply with
the mandatory use of seatbelts.
(3)
Tribal vehicles will be used for Tribal business only; employees
shall not use a Tribal vehicle for personal business or
convenience.
(4)
A Tribal employee using a Tribal vehicle will not allow a nonauthorized person to operate the vehicle.
(5)
Tribal vehicles we be secured and parked overnight as directed
by the Tribal Chairman. Tribal vehicles will not be parked at an
employee’s place of residence unless it has been determined to
be advantageous to the Tribe and upon written approval of the
Tribal Chairman or designee.
(6)
All employees operating Tribal vehicles must report any changes
to their driving record to the Director and Human Resources.
(7)
All vehicles are to be locked before leaving unattended.
Tribal Council Approved December 14, 2017 WR-126-17
Page 34
(b)
(8)
Operators are responsible for any tickets, fines or penalties from
driving, parking or other citations.
(9)
Operators of Tribal vehicles are responsible for immediately
notifying their Program Director of any mechanical or
operational problems with the vehicle. The Director is
responsible for ensuring that maintenance issues are addressed
immediately.
10)
Operators of Tribal vehicles are responsible to notify both their
Program Director and Human Resources of any accidents
involving any Tribal or GSA vehicle.
(11)
In the event of an accident, the operator is required to complete
an accident report immediately after the accident and to submit
it to the Human Resources Manager and any other designated
authority. The Tribe’s insurance carrier will be immediately
notified.
(12)
All operators involved in an accident while on the job that is
reportable to the Tribe’s insurance carriers must immediately
submit to a post-accident substance abuse screening.
(13)
Smoking is not allowed in any Tribal or GSA vehicle.
(14)
The use of electronic devices is prohibited while driving. If a cell
phone must be used while driving a Tribal or GSA vehicle, the
operator must pull safely off to the side of the road and stop or
use a hands-free device.
(15)
Employees are required to comply with the Tribe’s substance
abuse policies, including the use of medical marijuana.
(16)
Vehicle log books are to be used in all Tribal vehicles.
Operator Qualifications
It is the responsibility of the Program Director or the person
responsible for issuing a Tribal vehicle to an employee to:
(1)
Ensure that vehicle operators have a valid Nevada driver’s
license. A copy of the license must be submitted to the Tribe’s
insurance carrier along with a copy of the driver’s DMV record
prior to operating a Tribal vehicle.
(2)
Ensure that the vehicle operator has complied with all provisions
of this Policy with respect to driving on Tribal business.
Tribal Council Approved December 14, 2017 WR-126-17
Page 35
3.18 Telephone Usage
(a)
The use of Tribal landlines or cell phones for personal business is to be
limited for emergency use only.
(b)
Cell Phones at Meetings
Employees are asked not to bring cell phones to meetings, or to place
them on “silent” or “vibrate” while attending such meetings.
Employees are not allowed to use such devices to record any meetings
for any purpose without advance approval.
(c)
Personal Cell Phones
Employees shall refrain from using personal cell phones (including text
messaging) during work hours; they may be used freely during
authorized breaks.
(d)
Monthly Charges to Tribal Cell Phones
The Tribe may monitor the usage of cell phones it has issued to
employees. Monthly statements will be reviewed by Program Directors
and accounting staff and any unusual charges will be discussed with
the employee. Employees are responsible for paying for any billed
usage considered to be for personal, non-business uses.
3.19 Employee Responsibilities
(a)
Employees shall provide complete and accurate information in their
applications for employment.
(b)
Employees shall perform “other duties as assigned,” provided these
are job-related duties. Duties may be performed only if:
(1)
There is no other employee at an appropriate grade level, and
(2)
The duties occupy a comparatively insignificant amount of time,
or
(3)
They are to be performed on an emergency basis and are not
expected to be a recurring duty.
(c)
Employees shall make a conscientious effort to improve performance
when the supervisor has identified inadequacies.
(d)
All employees shall be advised of and maintain awareness of changes
and revisions in this Policy and shall seek clarification when necessary.
(e)
Employees shall not accept outside employment or be involved in an
outside business which interferes in any manner with the full and
proper discharge of the duties of his or her position or results in a
conflict of interest as defined in this policy under “definitions” or the
Tribal Council Approved December 14, 2017 WR-126-17
Page 36
Code of Conduct (Section 3.1). If an employee is involved in an
outside interest that could be affected by a WRPT project or activity
and a conflict of interest appears in reality or appearance, he or she
must report the situation to his/her supervisor immediately. The
supervisor or Tribal Chairman will take necessary measures to protect
the program or department and the employee against accusations of
improper use of privileged information or position. Such issues may
involve reassignment.
(f)
Employees shall initiate documentation for administrative manners
directly affecting them, (i.e. travel request forms, travel expense
vouchers, Workers Compensation claims, grievances, etc.). Only
supervisors can initiate requests to promote, reassign or transfer
employees or otherwise affect employee status.
(g)
No employee of the Walker River Paiute Tribe shall presume to speak
for or on behalf of the Tribe without the prior approval of the Tribal
Chairman or Tribal Council, including on social media.
(h)
Political Activity
Employees Shall Not:
(1)
Use their official authority, influence or position for the purpose
of interfering with an election or affecting the result thereof.
(2)
Directly or indirectly coerce, command or advise one another to
pay, lend or contribute salary, compensation or “anything else
of value” for political purposes.
(3)
Engage in any political activity during working hours.
(4)
Neglect their assigned duties or responsibilities for political
activity.
(5)
Discriminate in favor for or against a Tribal officer, employee or
applicant because of political affiliation.
(6)
Promise or use influence to secure Tribal employment or other
benefits and/or services in exchange for political activity.
(7)
Solicit or accept gifts, contributions, favors etc., from any
person or organization doing business with the Walker River
Paiute Tribe. (The only exception to this rule is the acceptance
of items normally distributed by the Tribe for advertising
purposes, such as rulers or pens with the Tribal name or logo).
3.20 Timekeeping Policy
All exempt and non-exempt employees, regardless of other classification, are
required to clock in before beginning to work and to clock out before leaving
Tribal Council Approved December 14, 2017 WR-126-17
Page 37
for the day. All employees who leave their duty stations for personal reasons
during the day are required to clock out when leaving and clock in when
returning. All employees who leave their duty stations during the day,
whether for personal reasons or for Tribal business reasons, must notify their
supervisor prior to leaving as to where they are going and their expected
time of return.
3.21 Conflicts of Interest & Nepotism
(a)
No member of a personnel selection committee or the Tribal Council
shall participate in the selection of an applicant who is a member of his
or her immediate family, (spouse, domestic partner, son, daughter,
father, mother, sister, brother).
(b)
No employee may be assigned to any Tribal unit or enterprise
supervised by a member of their immediate family. Discretionary
exceptions may be permitted upon approval of the Tribal Chairman
when other qualified applicants are not available within reasonable
distance of Tribal operations. In the event the supervisory/employee
relationship occurs by the promotion of the employee, the HR Manager
shall decide as to the proper course of action to take on an individual
case basis. However, no employee shall be denied a promotion solely
on the basis of his or her relationship to another employee.
(c)
Members of the Tribal Council, Committees, or boards, or other Tribal
officials shall disqualify themselves from any personnel actions
involving the screening, nomination, appointment, hiring, interviewing,
promotion, demotion, termination, other personnel actions, or of
influencing any such decisions regarding their immediate family
members as described in this Policy. There will be no exceptions to his
rule.
(d)
Any person who has filed a pending action, counterclaim or cross-claim
in any court or any federal, tribal or state administrative agency
against the Walker River Paiute Tribe, a Tribal entity or department, or
any Tribal employee, agent or officer in his/her official capacity or
where the person has asserted a defense that the action was taken in
his/her official capacity, shall not be eligible to apply for or be
appointed to any employment position with the Tribe.
(e)
Unmarried couples, (including domestic partners), living in the same
household must avoid situations where potential conflicts of interest
may exist.
3.23 Smoke-Free Policy
Smoking is considered to be unhealthy and offensive to many Tribal
Members, officials, employees, agents, contractors, clients and the general
public.
Tribal Council Approved December 14, 2017 WR-126-17
Page 38
(a)
Smoking will be strictly prohibited within Tribally owned or leased
buildings including: offices, hallways, waiting rooms, rest rooms, lunch
rooms, elevators, meeting rooms and all community areas. Employees
will be allowed to smoke outside in designated areas with the
permission of their immediate supervisor. Unauthorized smoking
breaks are not allowed.
(b)
Smoking will also be prohibited in all Tribal owned or leased vehicles.
Smokers in violation of this rule must be reported to their immediate
supervisor or the Human Resources Manager. All reports will be held
in strict confidence.
(c)
This non-smoking policy applies to all employees, clients, agents,
contractors and visitors.
The success of this policy will depend on the thoughtfulness, consideration
and cooperation of smokers and non-smokers. All employees are responsible
for adhering to and enforcing this policy. Employees who violate this policy
will be subject to WRPT disciplinary actions including written notices,
suspensions and dismissal.
3.23 Terms and Conditions of any Contract or Grant
Any applicable provision of any grant or contract that any person is employed
under shall supersede any conflicting provision of this Walker River Paiute
Tribe Human Resources Policy, but only if the provision specifically applies to
the Tribe.
Penalties
Knowledge of Penalty: The Tribal Council requires that the penalty clause of
all grants and contracts be read and acknowledged by each program
employee.
(a)
Such clauses typically read: “Any officer, director, agent, employee or
such other person connected in any capacity with a contract or
subcontract thereunder who embezzles, willfully misapplies, steals or
obtains by fraud any of the money, funds, assets or property provided
through the contract shall be fined not more than $10,000 or
imprisoned not more than one year, or both.”
(b)
Any Tribal employee who has knowledge of or suspicion that a
violation has or is occurring regarding a grant or contract provision
shall immediately report such knowledge or suspicion to the Tribal
Chairman.
(c)
Upon receipt of any allegations of such conduct, the Tribal Chairman
shall immediately report all information to the cognizant agency officer
for his/her action and shall immediately launch a Tribal investigation
and inform the Tribal Council of his findings.
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3.24 Privacy Act
5 U.S.C. § 552a, establishes a Code of Fair Information Practice that governs
the collection, maintenance, use, and dissemination of personally identifiable
information about individuals which is maintained in systems of records by
federal agencies. (NOTE: Individuals employed in certain positions, such as
the Tribal Clinic, may also be covered under the Health Insurance Portability
and Accountability Act (HIPAA)).
(a)
Known also as “The Privacy Act,” its applicable provisions will be
observed and adhered to by the Walker River Paiute Tribe.
(b
All personnel files and records shall be safeguarded to ensure that
access thereto is restricted and that no information about employee
health, finances or private lives are disclosed, except by written
request of the employee concerned. When any outside person or
agency requests such information, the request is to be referred to the
Tribal Chairman or designee for determination.
(c)
All necessary actions shall be taken to ensure that all information
which the Tribal Council may possess relating to medical diagnosis,
treatment, prognosis, financial conditions, private lives, or individual
family members or beneficiaries of Tribal employees are identified and
safeguarded. Access to such information is strictly restricted to those
with a need to know. The Tribal Chairman or designee who is
empowered shall document such official access.
(d)
These provisions are to be strictly observed by all employees. All new
employees are to have these restrictions explained to them, and all
employees will be required to annually sign a statement that they have
read and understand the Act and provisions of this Policy.
(e)
All contracts and subcontracts of the Tribe which may entitle
contractors or subcontractors to work with Privacy Act information
shall carry in the Solicitation Notice (RFP) language that the Privacy
Act applies and citing the possible associated penalties for violation
thereof.
(f)
Nothing in this Policy shall prevent the employee from access to or
right of examination of his/her records or history. The Tribal Chairman
will establish verification and documentation procedures to entitle each
individual employee to examine his or her own file.
(g)
An employee charged with a violation of this Policy provision will be
provided a hearing where the charges against him/her will be
considered and, if found guilty, the employee shall be dismissed.
(i)
All employees will be required to take annual training in these Privacy
Act provisions as provided by the Tribe.
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Page 40
CHAPTER 4 ~ CLASSIFICATION & COMPENSATION
4.1
Classification
(a)
The position classification system groups jobs into categories based
upon the type and difficulty of work performed, and ranks the
categories according to predetermined standards. A classification
system does not evaluate people; it evaluates and describes the duties
of positions.
(b)
When a new position is created, the responsible Program Director
develops a draft of the position description and minimum required
standards. The draft is submitted to the HR Manager for review.
Classifications corresponding to duties and responsibilities described in
the draft are selected and the HR Manager allocates the new position
to the proper class and pay grade based upon evaluation of the duties
and responsibilities in relationship to other positions. The Tribal
Chairman will have final approval authority for new position
classifications.
Amended 01/11/18 WR-14-2018
4.2
(c)
An immediate supervisor or Program Director may recommend a
position be reclassified on the basis of changes in, or reevaluation of,
the duties, responsibilities and qualification requirements of the
position. The recommendation will be reviewed by the HR Manager
and approved by the Tribal Chairman.
(d)
The Human Resources Manager will maintain a master file of all
position descriptions. Copies of the descriptions will be provided to
employees when they are initially hired and whenever significant
revisions are made for their positions.
Compensation
(a)
The HR Manager will recommend a salary schedule to the Tribal
Chairman for all Walker River Paiute Tribe positions. The salary
schedule must be approved by the Tribal Council.
(b)
In establishing salaries, appropriate consideration is given to the
following factors:
•
•
•
Salary/wage ranges for similar positions
Availability of funding
Federal and State Minimum wages, (no position shall receive
less than the lower of the two)
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Page 41
(c)
Total Pay
The salary/wage range for each grade level represents range of pay
rates for all full-time employment unless the salary schedule
specifically states otherwise. The rates of pay represent the total pay
excluding overtime compensation, payroll taxes and value of Triballypaid benefits.
(d)
Pay Periods
Pay periods are bi-weekly. The dates of pay will be established by the
Finance Director.
(e)
Merit Increases
(1)
An employee will be hired into the position at the lowest pay
step of the salary/wage scale unless approved otherwise by the
Tribal Chairman. Upon satisfactory completion of the
introductory period and reclassification to being a regular
employee, an employee may advance to the next pay step if
approved by the Program Director and Tribal Chairman.
(2)
After an employee satisfactorily completes one year of
continuous employment, and based upon an annual
performance review, he/she will be considered for advancement
to the next pay step. Thereafter, all employees will be eligible
for consideration of a one-step increase annually at the
beginning of January each year, except if funding for any
employee’s position is not sufficient or does not allow for
January increases then at the beginning of October for such
employees. All merit increases shall be based upon a review of
job performance.
Amended 11/22/22 WR-116-2022
(f)
(3)
To be eligible for step increases, service shall be continuous. All
merit increases shall require the certification of the Program
Director that performance has been satisfactory and funds are
available. The Program Director’s certification will be approved
by the Tribal Chairman.
(4)
All merit increases will be subject to the availability of funds in
the program budget.
Cost of Living Adjustments (COLA)
The Tribal Council may, at its option and based upon the Tribal
Chairman’s recommendation, declare a COLA to all positions in
December of each year. Once approved, all employees will receive the
COLA on January 1 of the following year. The COLA recommendation
Tribal Council Approved December 14, 2017 WR-126-17
Page 42
(g)
(h)
will be based upon current salary schedules, average pay rates for
similar positions in the local community, level of staffing, funding
levels, budget constraints and other economic factors. The WRPT
reserves the right to freeze COLA provisions or to declare 0% COLA.
Part-Time or Intermittent Employment
Part-time or intermittent employees will be paid on an hourly wage
basis.
Rate on Initial Appointment, Reinstatement, Promotion, Demotion or
Transfer
(1)
Initial appointments shall be made at the entrance pay step for
the class unless approved by the Tribal Chairman. No person
shall be paid at a rate above the maximum or below the
minimum pay step in that grade to which his/her position is
assigned, nor at any rate other than one of the steps within the
pay grade; otherwise, the position must be reclassified.
When economic conditions, unusual employment conditions or
exceptional qualifications of a candidate indicate that a
salary/wage higher than Step 1 in a particular pay grade would
be in the Tribe’s best interests, a Program Director shall submit
a written proposal to the Tribal Chairman through the Human
Resources Manager. Based upon the reason(s) stated in the
request, the Tribal Chairman may authorize hiring at a higher
step in the pay grade.
(2)
When a former permanent employee is reinstated after a break
in service to a position in the same class, the employee may be
paid at, above or below the step in which he/she held in the
former position, based upon the judgment of the appointing
official and approval of the Tribal Chairman.
(3)
Promotions
When an employee is promoted, he/she shall receive an
equivalent pay rate for the new position or a ten percent (10%)
increase, whichever is greater and providing that sufficient
funds are available.
(4)
Transfer
When an employee is transferred to a position in another class
allocated to the same pay grade, he/she will continue at the
same rate.
(i)
Salary Advances
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Employees are urged to have personal or family budgets and to
manage their finances in a responsible manner. The WRPT will not
advance any payment of salaries or wages except in cases of
emergency or vacation, and then only for the number of days or hours
actually worked or leave available up to the date of request. The
“Advance Payment of Salary Request” form will be used. The
employee must obtain the approval of the Tribal Chairman or
designee, along with verification of the available salary/wage or
available leave. Salary advances are limited to two (2) times per
calendar year.
(j)
Early Payroll Request
Early payroll checks may be issued to employees who are going on
travel status or leave. The “Early Payroll Request” form will be
completed. The form must be signed by the Tribal Chairman or
designee with written verification of travel status or leave. Copies of
travel status or leave forms must be attached. The request form and
all supporting documentation must be submitted to the Payroll Officer
on Mondays before 5:00 PM.
(k)
Severance Pay
The final payment of all earned, (but unpaid), wages and salary,
accrued annual leave, and compensatory time shall be paid at the end
of employment. Employees on probationary status are not eligible for
payment of accrued leave except when the employee has accumulated
unused leave from a previous position, (such as when an employee
accepts a promotion, but is on temporary probation in the new
position).
(l)
Travel Pay
Employees who are going on business travel for the benefit of the
WRPT may receive advance payment in accordance with the Tribe’s
Travel Policy contained in the Walker River Paiute Tribe Fiscal
Management Policies. Except in emergency, advance travel pay
request and supporting documents must be submitted to the Payroll
Officer on Mondays before 5:00 PM.
(m)
Holiday Pay
Employees will be reimbursed as follows:
(1)
Exempt employees required to work will receive two other days
off in lieu of the holiday worked.
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(2)
(n)
Non-exempt full-time employees will receive the holiday off with
8 hours pay. If they work on a holiday, they will be paid 1.5
base hours for every hour worked on the holiday.
Departments not normally operating on holidays must not grant
employees the option of working on a holiday and taking time
off later at their convenience.
(3)
Part-time employees will receive pay for the holiday pro-rated
according to the number of hours they would normally work. If
they work the holiday, they will be paid 1.5 hours of base pay
for every hour worked and cannot take other time off in lieu of.
(4)
Temporary employees do not receive holiday pay. If they work
a holiday, they are paid straight base pay for the number of
hours worked.
(5)
To receive holiday pay, an employee must work the day before
or the day after the holiday or be on approved leave status.
Payroll Deductions
(1)
Involuntary
Federal Income Tax, Social Security contributions and Medicare
contributions will be deducted from an employee's total earnings
prior to distribution of pay. In addition, deductions ordered by a
Federal or Tribal court judgment will be deducted in accordance
with terms of the judgment. Any State or local government,
private individual or non-Tribal business or entity must seek and
obtain a Tribal judgment before deductions will be made.
(2)
Voluntary
Employees may wish to have additional recurring deductions
made from their paychecks for the purposes of life insurance,
health insurance, retirement programs, etc. Such deductions
must be requested in advance and authorized in writing and
may be limited according to the constraints of the Tribe’s
accounting system.
(o)
Annual Buy-out
Employees that are regular-status, non-probational status, are
eligible to request to buyout accrued annual hours not to exceed
accrued number of annual hours and have a minimum of 20
hours to date of request. May be requested no more than one
(1) every quarter (4 quarters a year). Annual Buyout form must
be filled out signed by employee then must be approved by the
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4.3
4.4
program Director then Tribal Chairman. Annual Buyout may be
denied at the discretion of the program Director, and is a final
(approved 2/20/19 WR-34-2019)
decision.
Hours of Work
(a)
The normal full-time work week for employees shall be 40 hours,
Monday through Friday, 8 hours a day from 8:00 AM to 5:00 PM, with
allowance for a one-hour lunch and two 15-minute breaks per day.
Time for lunch and/or breaks cannot be accumulated or taken at the
beginning or end of a work shift. Work shifts of different starting and
ending times may be established by the Tribal Chairman for the
convenience of the Tribe to meet the varying needs of the WRPT
Programs and Tribal Council.
(b)
Each hourly employee will be responsible for clocking in and out using
the established Tribal payroll system. All hourly and salaried
employees will fill out and sign the bi-weekly time sheets showing all
hours worked and leaves of absence as appropriate. The time sheets
must be approved by the immediate supervisor or Program Director
prior to being forwarded with time cards to Payroll on the Monday prior
to payroll of each bi-weekly period.
(c)
Paychecks will be distributed according to a time and procedure
approved by the Finance Director.
(d)
If an employee notifies the Finance Department that his/her paycheck
was not received, a statement will be completed on the appropriate
form and a copy sent to the employee’s immediate supervisor. Upon
approval, a stop-payment order will be issued to the Tribe’s bank and
the check will be issued after verification that the original check has
not cleared.
(e)
Employees are expected to pick up their own checks. Written,
authenticated permission with the signature of the employee will be
required for anyone picking up an employee’s check.
(f)
No checks will be released without approval of the Finance
Department.
Overtime, Compensatory Time, Flex Time
The working of hours above the normally scheduled hours of work is
discouraged. Nevertheless, there are times when, (due to deadlines,
temporary increases in work, weather conditions, etc.), it is necessary for an
employee to work extra hours. It is the policy of the Walker River Paiute
Tribe that overtime be held to a minimum, that it be within budgetary
constraints, and that it be reserved for essential or emergency situations. All
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work above the normal scheduled work hours must be approved by the
Program Director.
(a)
Overtime
(1)
Overtime will be paid to non-exempt employees at the rate of 11/2 the hourly rate subject to the availability of funds. Where
funding is insufficient, compensatory or flex time at the rate of
1-1/2 times the overtime hours actually worked may be utilized.
(2)
Exempt employees will not receive overtime pay or
compensatory time; however, they may receive flex time at the
rate of 1-1/2 hours per additional hours worked when approved
by the Program Director or Tribal Chairman.
Overtime, comp time and flex time must be approved in
advance by the Program Director, except in cases of
emergencies, which must be reported as soon as possible.
(3)
(4)
Sworn Law Enforcement Employees. Non-Exempt sworn law
enforcement employees are to be paid overtime at the rate of
1.5 times the employee’s regular hourly rate of pay for all hours
in excess of 86 hours within a 14-day work period.
(Amended 04/12/18 WR-47-2018)
(b)
(c)
Compensatory (“Comp”) Time
(1)
Comp time must be recorded in the payroll system during the
pay period in which it was earned. The Payroll Department
must maintain a record of comp time earned, used and the
balance available.
(2)
Comp time must be used within sixty (60) days of the day it
was earned. The Program Director may extend this period for
not more than sixty (60) days upon submitting to the Payroll
Department a written statement describing the reason the comp
time cannot be used within the original sixty (60) day period.
(3)
Any unused comp time at the end of the sixty (60) day limit or
extended limit must be paid as overtime.
Flex Time
(1)
Flex time is not required to be reported in the payroll system,
but must be maintained within the program or department by
the employee’s immediate supervisor.
(2)
Flex time must be used within the pay period in which it was
earned, or converted to comp time.
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(d)
4.5
Miscellaneous
(1)
Overtime, comp time or flex time for travel will be earned only if
the actual work time plus travel time is in excess of 40 hours
per week.
(2)
Additional hours for travel will not be allowed if it is created at
the employee’s discretion, such as using an alternate form of
transportation requiring additional time, or visiting friends or
relatives while enroute.
(3)
Comp time or flex time will be recorded and used in increments
of one-fourth (1/4) hour.
Exempt vs. Non-Exempt Status
Employees whose jobs are governed by the FLSA are either "exempt" or
"non-exempt." For most employees, whether they are exempt or nonexempt
depends on: how much they are paid; how they are paid; and what kind of
work they do.
(a)
Non-exempt:
Generally speaking, these employees are paid hourly and are legally
entitled to overtime pay at the rate of 1.5 hours for over 40 hours
worked in a work week.
(b)
Exempt:
An exempt employee receives a specific salary regardless of how many
hours worked and is not entitled to overtime pay. With few
exceptions, to be exempt an employee must: be paid at least $23,600
per year ($455 per week); be paid on a salary basis; and perform
exempt job duties. These requirements are outlined in the FLSA
Regulations (promulgated by the U.S. Department of Labor). Most
employees must meet all three "tests" to be exempt. There are three
typical categories of exempt job duties, called "executive,"
"professional," and "administrative."
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CHAPTER 5 ~ EMPLOYEE BENEFITS
5.1
Holidays
(a)
The following will be observed as Tribal holidays for all officers and
employees of the Walker River Paiute Tribe:
Jan 1
Jan – 3rd Monday
Feb – 3rd Monday
May – 2nd Friday
May – Last Monday
June 19th
July 4
Sep – 1st Monday
Sep – 4th Friday
Oct - Last Friday
Nov 11
Nov – 4th Thursday
Nov – Thanksgiving Fri
Dec 25
Dec – 1st Weekday After
Christmas
New Year’s Day
Martin Lither King’s Day
President’s Day
American Indian Day
Memorial Day
Junetenth
Independence Day
Labor Day
Native American Day
Nevada Day
Veteran’s Day
Thanksgiving
Family Day
Christmas Day
Family Day
WRPT Employee’s Picnic Day will be declared by the Tribal Chairman
one day per year.
(b)
When a holiday falls on a Saturday, the preceding Friday will be
observed as the holiday; when it falls on a Sunday, it will be observed
on the following Monday. The Tribal Chairman must approve
exceptions.
(c)
Any day designated by the Tribal Council is to be observed as a holiday
by WRPT staff.
(d)
Full-time employees working other than the standard workweek,
(Monday through Friday), are entitled to the same number of holidays
as employees working the standard work week. The equivalent
holiday will be allowed within ten (10) working days of the officially
designated holiday.
(e)
Part-time employees may receive a paid holiday for the number of
hours regularly worked if such a holiday falls on a scheduled workday.
Part-time employees who work a schedule with unequal hours per day
will be paid for the hours regularly scheduled for that day.
(f)
To receive holiday pay, the employee must work the day before or the
day after the holiday or be in paid leave status.
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5.2
General Provisions for Leave
(a)
When employees transfer from one program to another, they must be
paid for accumulated unpaid annual leave; accumulated sick leave will
be transferred to the new program. Compensatory time must be
used or paid for before the actual transfer. Flex time must be used or
converted to comp time.
(b)
Eligibility
For the purpose of determining eligibility for leave allowance, the term
“continuous service” shall be that service commencing with the initial
date of employment and continuing until resignation or discharge.
5.3
(c)
Annual and sick leave will continue to be earned when an employee is
absent from work on a paid leave status. Employees will not
accumulate leave benefits while on any leave without pay or
suspension without pay status.
(d)
Approved leave without pay in excess of thirty (30) days shall
constitute a break in service, subject to Section 5.18.
(e)
Annual and sick leave will be accumulated during the introductory
(probationary) period, but is not available to the employee until the
employee earns regular status.
Annual Leave
(a)
Full-time employees shall accumulate leave at the rate established in
the schedule below. Those employed part-time on a regular basis
shall accumulate annual leave in a proportional amount. Persons
employed on a temporary, intermittent or irregular basis shall not
accrue annual leave. Only years of continuous service with the WRPT
will be counted.
SCHEDULE
Years Worked
Annual Leave Earned
1-4 years
4 hours/pay period
5-9 years
6 hours/pay period
10 or more years 8 hours/pay period
(b)
An employee tentatively accrues annual leave from the date of
employment, but it is not available to the employee until after
completion of the introductory (probationary) period. Any employee
who resigns or is discharged prior to completion of the probationary
period shall not be paid for their annual leave. Individuals who are
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serving a probationary period due to being promoted may use vacation
which has been accrued up to the date of promotion.
5.4
(c)
A request to take annual leave in excess of eight (8) hours must be
made in advance by the employee and approved by the immediate
supervisor. Granting of leave time for less than eight hours is at the
discretion of the supervisor.
(d)
Accrued compensatory time and flex time must be used prior to using
leave time.
(e)
Use of annual leave is subject to approval by the immediate supervisor
after considering the needs of the service, required staffing, and prior
requests from other employees. With the exception of emergencies,
annual leave must be requested and approved at least thirty (30) days
prior to commencement of leave.
(f)
Upon separation, an employee will be paid for unused annual leave
and comp time. Depending upon budgetary constraints, the Program
Director may require an employee to take his/her accrued leave and
comp time before being separated.
(g)
When a holiday occurs during annual leave or comp time, the holiday
is not considered to be a day of annual leave or comp time.
(h)
In the event of death of an employee while in the employment of the
WRPT, a lump-sum payment for accrued annual leave and comp time
will be paid according to court order.
(i)
The minimum annual leave or comp time which may be taken at any
one time shall be one fourth (1/4) hour.
(j)
Annual leave may be accumulated to a maximum of 240 hours;
anything over will be forfeited. Comp time must be used or
reimbursed in accordance with Section 4.4 of this Policy.
Sick Leave
(a)
Full-time employees shall accumulate sick leave at a rate of 104 hours
per year, (4 hours per pay period). Part-time employees will accrue
sick leave at a rate proportional to their hours worked. Sick leave
shall accrue from the first day of employment, but shall not be
available for use until satisfactory completion of the introductory
(probationary) period and achievement of regular status. Individuals
serving a probationary period due to being promoted may use sick
leave which has been accrued up to the date of their promotion.
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5.5
(b)
The immediate supervisor shall approve use of all sick leave only after
having ascertained that the absence was for an authorized reason. For
sick leave in excess of three (3) days, or in cases of apparent abuse, a
physician’s statement or other satisfactory documentation may be
required.
(c)
Sick leave may be accrued to a maximum of 720 hours. No payment
for accrued sick leave will be made upon separation for any reason.
(d)
The minimum sick leave time which may be used by an employee at
any one time is one-fourth (1/4) hour.
(e)
If, after exhausting sick leave, an employee requires additional time
off from work, accrued comp time followed by annual leave time may
be used. If additional time off is required, leave without pay may be
granted by the Program Director.
(f)
Sick leave may be taken due to illness in an employee’s immediate
family as defined in “Definitions” of this Policy. The maximum number
of days that may be taken is five (5) business days per occasion, and
requires approval of the Program Director.
(g)
Any employee absent from work due to illness must and shall notify
their supervisor or, in the absence of the supervisor, the Program
Director or HR Manager within twenty (20) minutes of the scheduled
start of shift. The Program Director or HR Manager must notify the
supervisor.
(h)
If an employee is injured while on duty and is directed by a physician
not to return to work until released by their physician, the employee
may receive compensation from the WRPT Worker’s Compensation
Insurance as covered under the regulations as governed by the State
of Nevada’s Worker’s Compensation Program.
Maternity Leave
(a)
Employees shall be permitted to use accrued comp time, annual leave,
and sick leave for maternity purposes, (i.e. any medical condition
relating to pregnancy or childbirth). Any additional time beyond sick
leave, comp time and annual leave will be considered leave without
pay.
(b)
A combination of leaves, comp time and leave without pay may be
granted for a period of up to six (6) months for maternity purposes.
(c)
The employee is responsible for notifying her supervisor in advance of
her intention to request leave for maternity purposes, including the
type of leave, approximate dates and anticipated duration in order to
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allow the WRPT to prepare for staffing adjustments which may be
necessary.
5.6
5.7
5.8
(d)
The employee’s position may be filled on a temporary basis during the
absence consistent with budgetary constraints.
(e)
The employee shall have reemployment rights to the former position
or a position of similar work and pay.
Education Leave
(a)
Educational leave with pay not to exceed six (6) hours of work per
week may be granted to employees for attendance at an approved
educational institution when such education will benefit the Walker
River Paiute Tribe and staffing requirements permit.
(b)
The approval of the Program Director is required for an employee to
take educational leave.
(c)
Employees authorized to take educational leave shall be required to
obtain a passing grade of “C” (or 3.0) or higher. Failing to obtain such
a grade shall require the employee to reimburse the Tribe for all
monies received including the salary or wage compensation used
during the educational leave and any registration or tuition fees
advanced.
Professional Leave
(a)
Attendance with pay at conferences and meetings helpful to the
Walker River Paiute Tribe may be authorized by the Program Director
contingent upon the availability of funding and staffing requirements.
(b)
Registration fees, expenses and per diem may be paid by the WRPT
within budgetary constraints and advance approval of the Program
Director.
Military Leave
The Uniformed Services Employment and Reemployment Rights Act
(USERRA) prohibits discrimination against persons because of their service in
the Armed Forces Reserve, the National Guard, or other uniformed services.
USERRA prohibits an employer from denying any benefit of employment on
the basis of an individual’s membership, application for membership,
performance of service, application for service, or obligation for service in the
uniformed services. USERRA also protects the right of veterans, reservists,
National Guard members, and certain other members of the uniformed
services to reclaim their civilian employment after being absent due to
military service or training.
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The Tribe is not obligated to recognize the Act. However, the Tribe has
chosen to allow military leave and return-to-work rehiring preference under
the following guidelines:
(a)
Employees who leave the Tribe, voluntarily or involuntarily, to enter
active duty with the Armed Forces of the United States will be treated
as a terminating employee, unless the term of military service is not to
exceed twelve (12) months, under which an unpaid leave of absence
may be granted by the Tribal Chairman.
(b)
Former employees who are leaving active military duty will be eligible
for rehire at the completion of their military service, in accordance with
the policies applicable to other employees except that they will have
preference.
(c)
In order to qualify for preference in re-employment, a veteran must:
(1)
Have left the job to enter active duty in the military service
(2)
Apply for re-employment with the WRPT by submitting a current
application through the HR Office not more than 30 days prior to
leaving active duty or later than 90 days after discharge.
(3)
Receive a certificate of satisfactory completion of military
service.
(4)
Submit to the HR Department a certified copy of their “DD214”
discharge to become part of the employee’s personnel file.
(5)
Be qualified to perform the duties of the position. (If he / she is
disabled during military service and cannot perform the duties of
his/her former job, they may be placed in the nearest
comparable job with duties they are able to perform.
(6)
Have not been on active duty for a period to exceed five (5)
years.
(d)
Employees attending National Guard and Reserve trainings and events
will not be required to use annual leave; however, they may do so at
their option.
(e)
The Tribe is not required to reemploy a person under this section if—
(1)
the Tribe’s circumstances have so changed as to make such
reemployment impossible or unreasonable;
(2)
employment would impose an undue hardship on the employer;
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or
(3)
5.9
the employment from which the person leaves to serve in the
uniformed services is for a brief, non-recurrent period and there
is no reasonable expectation that such employment will continue
indefinitely or for a significant period.
Jury Duty
The Walker River Paiute Tribe encourages its employees to do their duties as
citizens when called upon for jury duty, whether Tribal or non-Tribal.
(a)
Upon receiving a summons for jury duty, the employee must notify
both their supervisor and the HR Department by providing them with a
copy of the summons.
(b)
The supervisor will arrange for the time off, which is usually not
determinable in advance. Therefore, the employee must notify the
supervisor at the end of each day of jury duty if they must also report
for jury duty on the next day.
(c)
If the jury duty lasts less than a full day, the employee must report to
work at the end of jury duty and allowance for a reasonable amount of
travel time. Exceptions may be granted by the immediate supervisor.
(d)
The employee will receive their regular rate of pay up to ten (10) days
for time off due to required jury duty which falls on their regularly
scheduled work day(s). Such pay will not include travel pay or per
diem. Excluding any travel pay or per diem received from the Court,
the employee will reimburse to the Tribe any compensation received
from the Court for jury duty.
5.10 Voting
To facilitate and encourage civic duty, the WRPT will pay the employee whose
schedule will not allow them to vote prior to or after work, not to exceed two
hours of pay, to allow them to vote in primary, general, or Tribal elections.
The employee must notify their department head or supervisor on the day
before the scheduled election, and the supervisor or department head will
determine at what time the employee will be released for voting.
5.11 Emergency Leave
Emergency leave of up to five (5) days with pay per occasion shall be granted
for death in the immediate family as defined in the Policy (“Definitions”), or
other emergency situations such as extreme weather conditions or disasters
which prevent employees from going to work or performing their duties.
Such leave is granted at the discretion of the Tribal Chairman.
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5.12 Leave Without Pay
(a)
In instances when staffing will not be adversely affected, the Program
Director in conjunction with the Tribal Chairman may grant a
temporary leave of absence without pay not to exceed thirty (30)
calendar days. Leaves of absence without pay for periods in excess of
thirty (30) days must be approved by the Tribal Chairman, not to
exceed a total of ninety (90) days. Requests for such leave must be
in writing and must establish reasonable justification for the request.
Such leave will not be approved for an employee who is accepting
outside employment.
(b)
When a staffing shortage occurs, the employee’s position may be filled
on a temporary basis during this absence.
5.13 Absence Without Leave
(a)
All unauthorized absences shall be considered to be absence without
leave and shall be without pay.
(b)
Absence without leave may be the grounds for disciplinary action.
(c)
Voluntary absence without leave for three (3) consecutive workdays
shall be considered job abandonment and is an automatic resignation
from service. A Program Director may reinstate an employee who
provides a satisfactory explanation for the absence.
5.14 Transfer of Accrued Leaves
When an employee accepts a position in another Program/Department of the
WRPT during their employment, they must be paid for leave accrued up to
the date of the transfer from the old program.
5.15 Social Security Retirement
The Walker River Paiute Tribe contributes to Social Security (FICA) account in
addition to what is withheld from employee paychecks. All employees are
covered under the provisions of the Social Security Act and are eligible for
benefits provided.
5.16 Medicare
United States Medicare is funded by a payroll tax, premiums and surtaxes
from beneficiaries, and general revenue. It provides health insurance for
Americans aged 65 and older who have worked and paid into the system
through the payroll tax. It also provides health insurance to younger people
with some disabilities status as determined by the Social Security
Administration, as well as people with end stage renal disease and
Tribal Council Approved December 14, 2017 WR-126-17
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amyotrophic lateral sclerosis. All employees are covered under the provisions
of this Act.
5.17 Group Insurance Plans
(a)
The Tribe provides Health Insurance benefits at no cost to full-time
employees who work thirty (30) hours per work week. The benefit
becomes effective 90 days after an employee has completed the
probation period. In the event a part-time employee becomes fulltime employee then the benefit will become effective 90 days from
date of the status change.
The Tribe provides a retirement benefit plan for full-time employees
who work at least thirty (30) hours per work week and have completed
one (1) year of continuous service. The Tribe will contribute its share
after one (1) year as stated within the retirement plan that is
approved by the Tribal Council. In the event a full-time status
employee becomes part-time, the Tribe will cease its contribution to
the employee’s retirement plan the following month as the employee
will no longer meet the eligibility requirements.
(b)
5.18 Family and Medical Leave (FMLA)
(Amended 02/18/2020 WR-25-20)
The FMLA entitles eligible employees of covered employers (the WRPT) to
take unpaid, job-protected leave for specified family and medical reasons
with continuation of group health insurance coverage under the same terms
and conditions as if the employee had not taken leave. Eligible employees
are entitled to:
•
•
Twelve workweeks of leave in a 12-month period for:
o the birth of a child and to care for the newborn child within one
year of birth;
o the placement with the employee of a child for adoption or
foster care and to care for the newly placed child within one
year of placement;
o to care for the employee’s spouse, child, or parent who has a
serious health condition;
o a serious health condition that makes the employee unable to
perform the essential functions of his or her job;
o any qualifying exigency arising out of the fact that the
employee’s spouse, son, daughter, or parent is a covered
military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to
care for a covered service-member with a serious injury or illness if
the eligible employee is the service-member’s spouse, son, daughter,
parent, or next of kin (military caregiver leave).
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(a)
(b)
Employee Eligibility
(1)
The employee must have worked for the Tribe for a total of
twelve (12) months, which does not have to be continuous
(2)
The employee must have worked at least 1,250 hours during the
immediately preceding twelve (12) months
Notice
The employee must provide the Tribe with reasonable advance notice
(usually 30 days) for foreseeable events such as the birth of a baby,
adoption or planned medical treatment. If the birth or placement of a
child or medical treatment requires leave to begin in less than 30 days,
the employee must provide notice as soon as practicable.
(c)
Certification
The Tribe requires a medical certification of a serious health condition,
including the expected dates of treatment and duration.
(d)
All employees requiring FMLA must contact the Human Resources
Office and complete the required documents.
(e)
If the employee has not returned to work at the end of the approved
period, he/she may be terminated.
(f)
At least five days before returning to duty from a personal medical
FMLA, the employee must provide the HR Office with medical
certification from a licensed medical provider certifying that the
employee is medically fit to perform his/her job duties.
(g)
Employees shall use any accrued paid leave, such as sick or annual
leave, concurrently with any FMLA leave.
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CHAPTER 6 ~ TRAINING
6.1
General Provisions
In order to inspire and maintain a more proficient and effective workforce,
the Tribal Chairman shall encourage and promote training opportunities for
all Walker River Paiute Tribe employees. The Human Resources Manager
shall assist Department Heads and Program Managers in meeting the training
needs of their personnel, and shall encourage the development of
departmental and inter-departmental training programs designed to meet
staffing needs and to prepare employees for positions of greater
responsibility.
6.2
Training Objectives
The objective of WRPT training is to improve the ability of staff and
supervisors to provide services. The Tribe recognizes the ongoing training of
employees to be essential to the development of technical and administrative
skills of employment and supervision.
6.3
Responsibility
The Human Resources Office will be responsible for all training programs
involving employees from more than one department or for personnel being
promoted to supervisory positions. Individual departments will be
responsible for training affecting only members of their individual
departments.
6.4
Categories
(a)
Job-Related Training
This category includes training to provide skills or knowledge for
specific needs:
•
•
•
(b)
To meet individual program requirements
To improve proficiency in one’s present position
To improve performance in administrative procedures and interdepartmental coordination
Employee Development Training
This category includes training to improve general knowledge and
skills useful in a wide range of positions:
•
In basic skills such as clerical, language, and mathematics
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•
6.5
6.6
To prepare for future positions in the Tribal structure, such as
professional development activities, technical training and
vocational training
Costs
(a)
Training costs to include registration or instructional fees, lodging,
meals and travel will be paid by the Walker River Paiute Tribe when
the training will be beneficial to the Tribe and has been approved by
Tribal administration.
(b)
If the employee voluntarily resigns employment with the Tribe within
six (6) months after attending a training session/workshop paid with
Tribal funds, or if the employee does not attend all of the training
session/workshop presentation, the employee must reimburse the
Tribe for the associated costs of that training. A statement and
agreement to this effect must be on the Travel/Training request form
or other documentation, and signed by the employee.
Evaluation
Employees attending in-house or external training will be asked to complete
an evaluation questionnaire to determine if the training met WRPT
objectives.
6.7
Probationary Employees
Probationary employees will not be eligible for training funded by the Tribe
unless authorized by the Tribal Chairman or designee, except where such
training is in-house and does not cost additional Tribal funds.
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CHAPTER 7 ~ EMPLOYEE - MANAGEMENT RELATIONS
7.1
Employee Rights
(a)
New employees shall receive from Human Resources either a copy of
this Policy or a copy of an employee handbook containing key
elements of this policy and knowledge of where complete copies of this
Policy are maintained and available. They shall also be advised of pay
dates, Tribal benefits and similar fundamentals of their employment
with the Tribe.
(b)
New employees will be introduced to other staff and will receive an
orientation on job requirements from their immediate supervisor.
They shall be fully informed of the performance requirements of their
new positions and shall receive current copies of their job descriptions.
(c)
Employees shall be informed by their immediate supervisors of any
inadequacies in job performance and shall be provided the opportunity
for improvement through counseling or coaching.
(d)
Regular employees will have an opportunity to apply for vacant
positions.
(e)
Employees shall be permitted to appeal their complaints through the
grievance procedure according to the provisions of this Policy without
reprisal.
(f)
Employees shall be informed in writing of any adverse actions taken
that directly affect them.
(g)
Personal information about employees shall be protected. Personnel
files or records shall only be available to the employee and officially
authorized personnel.
(h)
Personal information about employees, such as telephone numbers
and addresses, shall not be released, disseminated, posted or
otherwise made public to anyone without written authorization of the
employee. If persons or organizations attempt to contact an
employee, it is permissible only to take that person’s or organization’s
name and contact information to provide to the employee to return the
call at his or her personal discretion.
(i)
Employees shall be reimbursed for expenses incurred for travel and
transportation on authorized WRPT activities.
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7.2
(j)
Employees shall work in a clean and safe environment which is
properly heated and ventilated.
(k)
Federal Child Labor Laws shall be strictly observed.
Discrimination
The Walker River Paiute Tribe is committed to maintaining a work
environment that is free of discrimination in hiring, training, disciplining,
promoting, demoting, transferring, reassigning or terminating any employee
on the basis of race, color, sex, national origin, age, disability, religion,
political affiliation or sexual orientation; except as stated in any applicable
Indian or Tribal preference laws, regulations or policies.
7.3
Sexual and Other Harassment
(a)
Bullying
Bullying is the use of force, threat, or coercion to abuse, intimidate or
aggressively dominate others. The behavior is often repeated and
habitual. One essential prerequisite is the perception, by the bully or
by others, of an imbalance of social or physical power which
distinguishes bullying from conflict. Behaviors used to assert such
domination can include verbal harassment or threat, physical assault
or coercion; such acts may be directed repeatedly towards particular
targets. Bullying is absolutely prohibited between or among
employees, supervisors, contractors or clients of the Tribe.
(b)
Harassment
Harassment consists of unwelcome conduct, whether verbal, physical
or visual, that is based upon a person’s protected status such as creed,
sexual orientation, sex, color, race, religion, national origin, age,
disability, veteran status or other protected group. The WRPT will not
tolerate harassing conduct which affects tangible job benefits, that
interferes unreasonably with an individual’s work performance, or that
creates an intimidating, hostile or offensive work environment.
Harassment is unwanted attention of a persistent or offensive nature
made by a person who knows, or should know, that such attention is
unwanted. Any such harassment is strictly forbidden.
(c)
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors and other
physical, verbal or visual conduct based on sex constitute sexual
harassment when:
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(1)
Submission to the conduct is an explicit or implicit term or
condition of employment, or
(2)
Submission to or rejection of the conduct has the purpose or
effect of creating an intimidating, hostile or offensive working
environment.
Sexual harassment may include: explicit sexual propositions; sexual
innuendo; suggestive comments; sexually-oriented “kidding” or
“teasing;” practical jokes; jokes about gender-specific traits; foul or
obscene language or gestures; displays of foul or obscene printed,
visual or digital materials; indecent exposure; threatening retaliation if
the employee refuses to comply with a sexually-oriented request;
denying directly or indirectly an employment-related opportunity if the
employee refuses to comply with a sexually-oriented request; and
physical contact such as patting, pinching or brushing against
another’s body. Sexual harassment can include the act of one person
touching another.
(d)
If an employee says “stop” or “I’m uncomfortable with what you’re
doing or saying,” or words having the same effect, the activity must
cease.
(e)
All employees are responsible for avoiding bullying or harassment of
any kind. Any employee who believes they have been a victim of or
witnessed harassment of any kind must report it immediately to their
immediate supervisor or the HR Manager; if for any reason they feel
such reporting action is inappropriate, it must be reported to the Tribal
Chairman. All instances of any type of harassment shall be held in
strictest confidence and shall result in prompt action by the Walker
River Paiute Tribe.
(f)
All instances of reported harassment must be in writing, including the
date, time and nature of the alleged incident(s) and the names of
parties and any witnesses. The written complaint/report must be
signed and dated. All complaints/reports must be filed within ten (10)
calendar days of the most recent alleged act.
(g)
All incidents of harassment of any kind or inappropriate sexual conduct
must be reported regardless of their seriousness. Publicizing
information about alleged harassment without following these
procedures or filing a formal complaint may be considered evidence of
malicious intent on the part of the accuser or observer.
(h)
Any employee reporting an instance of harassment shall not be subject
to any punitive or disciplinary action unless such reporting or
complaining is found to be with malicious and unfounded intent.
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Retaliatory action taken by any employee will result in that employee’s
immediate termination.
(i)
Investigation
Upon receipt of a written complaint, the person receiving the
complaint, (supervisor, HR Manager or Tribal Chairman), will deal fairly
and promptly with the situation and initiate appropriate steps to
ensure a complete investigation and determination of facts; the
investigation may be referred to outside agencies or to legal counsel
with approval of the Tribal Chairman.
(j)
(1)
During the investigation, all parties must refrain from discussing
the allegation(s) and investigation with fellow employees, Tribal
members, patients, clients, etc.
(2)
Once a formal allegation has been made, it may be necessary to
place one or both of the parties on paid administrative leave, or
to take other protective measures.
(3)
The Tribe or outside investigator will review and/or request
signed written statements from all parties and witnesses
involved. After review, the Tribe or investigator may seek
clarification or further information from any of the parties or
witnesses. The information thereby obtained will be
documented in writing and presented to the HR Manager and/or
Tribal Chairman for determination on the status and validity of
the complaint, at which time a recommendation will be made
regarding the determination and disciplinary actions, if any, to
be taken.
(4)
The HR Manager and the Tribal Chairman will confer regarding
the results and facts of the investigation, recommended
determinations and recommended action(s). Together, they will
reach the final determination of results and actions to be taken,
document in writing the same, and provide copies to the
complainant and the respondent. The Tribal Chairman may
impose discipline including termination, on the employee
involved.
The date of filing a report to the date of final determination shall not
exceed ten (10) business days, unless an extension is approved for
cause by the Tribal Chairman.
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7.4
Substance Abuse
The Substance Abuse Policy and Procedures are more formally and
comprehensibly addressed in Part Two of this Policy. Due to the adverse
effects on personal health and the increased probability of accidents in the
workplace, the Walker River Paiute Tribe has established that all sites of
Tribal operations shall be a drug and alcohol-free workplace.
It shall be prohibited for any employee to manufacture, distribute, dispense,
possess or use any non-prescribed medication, controlled substance or
alcoholic beverage or to be under the influence of any non-prescribed
medication, controlled substance or alcoholic beverage in the workplace.
(a)
Employees shall abide by all of the provisions of the Substance Abuse
Policy, including:
(1)
Notifying their respective supervisor of any criminal drug or
alcohol conviction no later than five (5) days after such
conviction.
(2)
Supervisors receiving such notification from an employee shall,
within ten (10) days of receiving such notification make such
notification known to the HR Manager or the Tribal Chairman.
(3)
The Human Resources Manager and/or Tribal Chairman shall,
within ten (10) days of receiving such notification, immediately
take the following actions:
•
•
•
(b)
Initiate appropriate personnel action against the
employee, up to and including termination.
Require such employee to participate satisfactorily in an
appropriate substance abuse assistance or rehabilitation
program approved for such purposes by a federal, state
or local health agency, law enforcement or other
appropriate agency.
Notify, as required, any federal agency that requires such
notification.
Employees shall agree to substance abuse screening when reasonable
suspicion of abuse exists or substance abuse screening after an onthe-job vehicular nor non-vehicular accident, in accordance with the
Substance Abuse Policy as herein contained and contained in Part Two
of this Policy. Refusal to comply shall be grounds for disciplinary
action up to and including termination.
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(c)
Legally Prescribed Medications
The use of legally prescribed medications and/or over-the-counter
medications is not a violation of this Section. An employee may be
asked to provide documentation from a medical doctor proof that the
medication has been prescribed along with an explanation of the
anticipated effects of the medication on the employee, whether or not
the employee can safely perform his/her job function while taking such
medications, and the effect such medication may have on the results
of a drug or alcohol test.
(d)
Marijuana
Whether or not marijuana is legal and whether or not marijuana is
legally prescribed, possessing or being under the influence of
marijuana in the workplace is a violation of this Section.
(e)
Positions That Require Driving
If an employee is required to drive a Tribal vehicle as part of his/her
assigned duties has their driver’s license suspended or revoked, or an
ignition interlock or car breathalyzer has been required to be added to
his/or personal vehicle due to a substance abuse conviction, the
employee must notify his/her supervisor and HR Manager when next
reporting to work.
(f)
Training
Employee and supervisory training on substance abuse shall be
required and may be presented as a separate course or be included as
part of an ongoing training program.
(g)
Substance Abuse Screening
A positive substance abuse screening result that cannot be verified as
being caused by a medication legally prescribed to the employee is a
violation of this policy and shall subject the employee to the provisions
of the Tribes Substance Abuse Policy and Procedures as contained in
Part Two of this Policy. Screening may be prescribed for the following
reasons by medical examination, breath tests, hair tests, blood tests
and or urinalysis at a designated laboratory:
(1)
Reasonable Suspicion
The Tribe may require testing when there is a reasonable
suspicion to believe that an employee is using or under the
influence of drugs or alcohol at work, such as:
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•
•
•
•
•
(2)
Direct observation of drug or alcohol use or possession
and/or the physical symptoms of being under the
influence are present.
The employee exhibits a pattern of abnormal conduct or
erratic behavior
The employee is arrested or convicted of an offense
related to drugs or alcohol
Information provided by reliable and credible sources or
independently corroborated regarding employee drug or
alcohol use
Evidence that the employee has tampered with or altered
a previous substance abuse screening
Post-Accident Testing
Any employee who is involved in any work-related injury or
accident, including a motor vehicle accident or piece of heavy
equipment operation while on Tribal business on or off Tribal
property shall immediately receive a substance abuse screening.
(3)
Random Testing
In addition to any additional screening required as condition for
employment under any program, the Tribe may conduct random
substance abuse screening according to provisions of the Tribe’s
Substance Abuse Policy and Procedures, (Part Two if this Policy).
(4)
Additional Screenings
•
•
7.5
Newly-recruited employees will be required to take a preemployment substance abuse screening prior to being
accepted for employment. Employees returning from a
vacation, leave of absence, suspension or other situations
where the employee has been off duty for a period of
thirty (30) or more consecutive days may be required to
take a substance abuse screening.
Employees who have tested positive within the preceding
two (2) years and who continue to be employed as
provided under Part Two of this Policy may be required to
take up to four (4) additional screenings per year without
advance notice.
Workplace Health and Safety
The Walker River Paiute Tribe is committed to maintaining a healthy and safe
working environment for all employees. The Tribe recognizes the necessity
to encourage workplace health and safety practices in order to reduce
employee pain and suffering as well as to reduce the costs of lost time at
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work. The Tribe may establish a formal workplace safety program to enforce
good practices.
Employees who are sick may be contagious and may infect other employees
in the workplace, causing decreased productivity. The Tribe provides for sick
time off in this HR Policy. It also provides that employees who are out sick
for more than three days or who are out frequently due to illness may be
required to submit a physician’s excuse. This is because employees should
seek medical treatment under these circumstances.
It is not unusual for federal grants and contracts, particularly those that
involve construction of buildings and homes as well as the operation of
equipment, to require that employees and subcontractors comply with the
Occupational Safety and Health Act (OSHA). Regulations contained in OSHA
can be found on the internet at: www.osha.gov
Employees are encouraged to be aware of potential dangers in the
workplace. The wearing of hardhats, safety glasses, steel-reinforced boots,
gloves, reflective vests and other safety equipment is generally required in
areas of construction, manufacturing, fabrication, landscaping, and other
work spaces.
Each department head is responsible for maintaining good health and safety
practices. The work areas should be regularly inspected:
•
•
•
•
•
•
•
•
•
•
•
No wires or hoses should be strung across the floors of traffic
areas
Wires and plugs should be inspected to be certain they are in
good working condition
Loose light fixtures should be repaired or replaced
Frayed carpet should be replaced; duct tape will not stay down
very long
Fire extinguishers should be inspected at least annually to
ensure they are functional and charged
Fire evacuation plans should be posted conspicuously in every
work room of every building
Alarm systems should be regularly checked
Emergency numbers for fire, ambulance and police should be
conspicuously posted
Procedures for working with dangerous equipment should be
required reading for all employees working in such areas
No employee should be allowed to work with chemicals unless
they have had training in handling of such materials
Where floors are being mopped or are otherwise wet, warning
signs need to be placed
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These are only a few good safety practices. Employees who see unsafe or
unhealthy working conditions must promptly report them to their
supervisors.
All workplace accidents and injuries must be immediately reported to
the immediate supervisor and the HR Manager.
7.6
Insubordination
In order to maintain a productive and cooperative work force, it is necessary
for employees to respect the Chain of Command as described in the WRPT
Organizational Chart. Communication is vital to the success of the Tribal
work force and is a two-way street.
(a)
(b)
Insubordination is the refusal of an order from supervisory or
managerial personnel. It undermines the discipline and authority
needed in the workplace and it cannot go unchallenged. The WRPT
does, however, recognize that a failure in communications may result
in insubordination. Four elements must be proven before the Tribe will
uphold a termination or other disciplinary action for failure to follow
orders:
(1)
That the employee knew and understood the instructions
(2)
That the instructions were consistent with the employee’s job
duties.
(3)
That the instructions were within the provisions of this Policy.
(4)
That there was no mitigating reason for the employee to refuse
the instruction or order given.
The Tribe will consider the following when determining whether or not
an event of insubordination occurred:
(1)
Existence of confusion or other mitigating circumstances
(2)
Whether the conduct occurred publicly or privately
(3)
The employee’s work record
(4)
Whether or not it would have been safe to obey the order (was
there danger of accident or serious injury)
(5)
Whether or not the instructions were permitted within this Policy
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(c)
7.7
Before an employee is charged with insubordination, the Human
Resources Manager must be notified and conduct an investigation as
to the facts and how they apply under (a) and (b) above. The HR
Manager should interview the employee and the supervisor separately
to get their sides of the story. Only when, based upon an objective
evaluation of the facts as applied to this Section, the employee is
deemed to have actually been insubordinate, shall such a
determination and evaluation be made, leading to disciplinary action
as appropriate.
Performance Appraisals
The Walker River Paiute Tribe recognizes that employees are its most
valuable asset. The Tribe wishes to ensure regular and open communication
between and among employees, supervisors and management, especially
regarding program objectives, job duties and performance. The Tribe has
therefore established a Performance Standard and Appraisal Program.
(a)
The goals of the Performance Standard and Appraisal Program are as
follows:
(1)
To ensure that each employee has specific knowledge of his/her
duties and responsibilities and of his/her performance in relation
to established standards.
(2)
To promote employee capacity for better job performance and
for advancement to more responsible and rewarding positions.
(3)
To provide a basis for recommendations for tenure and salary,
and to identify training needs of individual employees.
(b)
All employees newly appointed to a regular position will be provided
with a copy of their position description and written performance
standards. A formal performance appraisal shall be completed by the
supervisor at least ten (10) days before the end of the employee’s
probationary period. This performance appraisal will be the basis upon
which employees will be recommended for granting permanent status.
(c)
Subsequent performance appraisals shall be completed at least
annually thereafter and shall be the basis upon which
recommendations are made for step increases
(d)
All performance appraisals shall be accomplished on the prescribed
WRPT appraisal forms.
(e)
A formal performance appraisal may be conducted at any time for an
employee whose performance is considered to have fallen below
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standards. Such appraisals shall be the basis for remedial action or to
document and justify disciplinary action.
(f)
The completion of a formal performance appraisal shall require a faceto-face evaluation conference between the supervisor and the
employee.
(g)
The Human Resources Office shall maintain a list of the due dates for
completion of performance appraisals and notify all department heads
of their due dates at least monthly. Those appraisals that are the
responsibility of the Tribal Chairman to prepare shall, after his/her
completion, be scheduled for review by the Tribal Council during their
next scheduled meeting.
(h)
The Human Resources Office shall inform the Tribal Chairman monthly
of any evaluations due from any supervisors or department heads that
are delinquent.
(i)
In the event the employee is on medical leave or leave of absence
when due for an evaluation, the evaluation shall occur after the
employee returns and works for a total time necessary to comprise the
time required for annual evaluation.
7.8
Final Paycheck
(a)
(b)
If an employee resigns, laid off, terminated or otherwise involuntarily
separated from employment, the employee will receive his/her final
paycheck on the next regularly scheduled payday.
Employees who are issued equipment during their employment are
expected to take proper care of the equipment. Upon separation from
employment, employees will be charged the reasonable replacement
costs for equipment assigned to them that is lost, stolen, damaged or
returned to the Tribe not in proper working order or condition.
(Amended 02/18/2020 WR-25-2020)
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CHAPTER 8 ~ DISCIPLINARY ACTIONS & APPEALS
8.1
General Principles
Discipline must be fair, honest and equal for all. The purpose of discipline is
to cause employees to abide by the rules and policies of the Tribe with
respect to their conduct as it affects the Tribe and its interests. In order for
the Tribe to conduct its business efficiently and to meet its goal of providing
a quality work environment, all employees are expected to meet the work
guidelines and policies set forth herein and in their job descriptions.
8.2
Types of Disciplinary Action
(a)
Corrective Interview
When an issue arises, the supervisor discusses the problem and
suggests corrective action. This interview and the recommended
action is recorded and retained in the employee’s HR file for six (6)
months, after which it is removed unless the issue is not resolved or
further issues arise.
(b)
Verbal Warning
The supervisor will present the employee with a verbal warning
regarding poor job performance, violation of standards of conduct or
provisions of this HR Policy. Documentation will be made of the
warning which the employee will sign as having received the warning.
Such signature will not adversely affect any rights of grievance or
appeal; it acknowledges only that the warning has been issued. The
employee will be provided with a copy of this documentation.
Documentation will be retained in the employee’s HR records for a
period of twelve (12) months, after which it is removed unless the
issue is not resolved or further issues arise.
(c)
Written Reprimand
A written reprimand shall be given to the employee and will include:
•
•
•
•
•
•
The charge
The warning that continuance of this behavior or infraction will
result in more severe disciplinary action
An offer of assistance to correct the behavior
Any circumstances affecting the severity of the discipline
Advice on the right of appeal
Space for the employee to include his/her comments regarding
the reprimand
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Documentation will be made of the reprimand which the employee will
sign as having received the reprimand. Such signature will not
adversely affect any rights of grievance or appeal; it acknowledges
only that the reprimand has been issued. The employee will be
provided with a copy of this documentation. Documentation will be
retained in the employee’s HR records for a period of twelve (12)
months, after which it is removed unless the issue is not resolved or
further issues arise.
(d)
Suspension Without Pay
The Program Director or Department Head may suspend an employee
without pay for up to, but not exceeding, ten (10) working days,
unless a specific Tribal policy allows for a longer time period (such as
the Tribe’s Substance Abuse Policy and Procedures). On or before the
effective dates of the suspension, the supervisor will provide the
employee with a written statement containing:
•
•
•
•
•
•
•
•
•
The reasons for the suspension
The specific behavior and dates of the behavior (where
appropriate) that support the charge
Circumstances affecting the severity of the discipline
A warning that continuance of this behavior will result in further
disciplinary action
Any actions that the employee must undertake during the
suspension prior to being allowed to return to work
The effective dates of the suspension
The date upon which the employee should return to work
An offer of assistance to correct the behavior
The right of appeal
The Tribe’s Payroll Department must be notified of this suspension and
the effective dates.
Documentation will be made of the suspension which the employee will
sign as having received the suspension. Such signature will not
adversely affect any rights of grievance or appeal; it acknowledges
only that the suspension has been issued. The employee will be
provided with a copy of this documentation. Documentation will be
retained in the employee’s HR records on a permanent basis
(e)
Demotion
(Amended 02/18/2020 WR-24-2020)
In certain cases, depending upon the circumstances and an evaluation
as to whether or not demotion may improve the performance or
behavior of the employee, the employee may be moved to a level of
lower responsibility and if appropriate lower pay. Demotion is by
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recommendation of the employee’s supervisor and approval of the
Program Director and Tribal Chairman.
Documentation will be made of the demotion and the reasons
therefore, which the employee will sign as having received the
demotion. Such signature will not adversely affect any rights of
grievance or appeal; it acknowledges only that the demotion has been
made. The employee will be provided with a copy of this
documentation. Documentation will be retained in the employee’s HR
records on a permanent basis.
(f)
Dismissal (Termination)
When circumstances so warrant and/or other disciplinary actions have
been exhausted, an employee may be terminated. An employee
terminated by the Walker River Paiute Tribe shall receive a “Written
Notice of Termination.” The notice shall state the reasons for dismissal
and if appropriate may cite
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