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River Band of Ottawa Indians, Ordinances and Regulations
Amended: June 6, 2001 Chapter
600 - Employment
Little River Band of Ottawa Indians will strive to treat all employees fairly with regard to terminations. In general, employees will only be terminated for cause; however, the Tribe is an at-will employer and Employees may be discharged as such without cause. Revised Edition - Council Approval April 24, 2000 Reprinted Oct. 15,1998 General Comments for Orientation Please read the approved Personnel Policies manual at your earliest convenience. It is the official policy of the Tribe. These comments are just an informal orientation to the way we do things. There are parking spaces available to each office on a first-come first-served basis. If you do not have a handicapped permit, be careful to avoid parking in a handicapper space. The Tribe will not be responsible for any parking tickets. Unless otherwise arranged, all employees are expected to work from 8:00 a.m. through 5:00 p.m., with an hour off for lunch. If you expect to be late for work, call your supervisor as soon as possible. For better service to our membership, be sure to let the receptionist know when you are not available (such as at lunch time). Each office is expected to have someone answering the telephones during lunchtime. Because of the number of phone calls received, the receptionist may not be able to announce your phone calls to you. This means that you might be talking to a member, client, vendor, or anyone from the general public when you pick up your phone. Be careful to be polite at all times, and please identify yourself. A suggested opening line is, "Good morning, this is (your name). May I help you?" (As opposed to just answering, "Hello?"). Also, please try to answer the telephone before the fourth ring - even if it is not your phone. Telephones are provided for business purposes. If you must make a personal call, please keep it short. Long distance calls should be billed to your home phone or your own phone credit card, not to the office: we do not want to bill you or withhold from your paycheck. The copy machines are provided for business purposes. Each program pays for its copies on a per-copy basis, according to a log of copies made which is kept at each copy machine. Copies for personal use are allowed on a limited basis: please do not abuse this privilege. Information about our employees is expected to be kept confidential. This includes a person's whereabouts (meeting, doctor's office, barbershop, restroom!), their home phone number, marital status, address, etc. If someone is calling for a reference, turn the call over to the office manager or the Tribal manager who will notify the employee of the inquiry and obtain permission before giving out any data.
Paychecks are normally written on Monday to pay for the previous week,
which ends on Friday. The personnel policy allows the paychecks to be
written later, but they are written earlier for your convenience. In
exchange, you are expected to prepare time sheets for approval by your
supervisor on Friday afternoon. Failure to submit
a time sheet in a timely fashion may result in your waiting until the
next Monday for your paycheck. Be sure to review the purchasing policies and procedures if you need any materials. Note that only the purchasing agent (office manager) is allowed to order goods to be charged to the Tribe. You may not incur expenses on behalf of the Tribe without approval from the purchasing agent. This includes photo finishing, office supplies, and any other items. If you receive calls from vendors trying to get you to order any kind of goods or services (light bulbs, copier toner, letterhead, business cards, pens, paper, fire extinguishers, long distance service, and cleaning supplies are some of the more notorious items), refer the calls to the purchasing agent or the controller. Pre-approved expenses, which are incurred in the course of your employment, are normally reimbursed once a week with your paycheck, assuming that the check request was received in the accounting office in a timely fashion. The Tribal Manager may approve an unscheduled payment for you if necessary, but you might need to hand-deliver the check to a check-signer yourself. This means that you might need to justify the unscheduled payment personally to the Tribal Council member. If you find yourself in possession of an invoice from a vendor or some other item that requires payment by the Tribe, be sure to turn it over to the office manager as soon as possible. It reflects poorly on the organization if bills are unpaid because they are lost. Please avoid handwriting envelopes and correspondence, and familiarize yourself with the U.S. Postal Service standards for addressing envelopes. While all employees are expected to have the necessary skills to prepare their own correspondence, we would rather help you write a letter or report than have you submit a substandard document to the outside. If you need help filling out expense reports, check requests, time sheets, or other forms, please contact the controller for assistance. You may also contact him or the office manager for assistance in the use of computers, printers and other office equipment. CHAPTER I Reprinted Oct. 15,1998 Introduction
1.1. Tribal History The Little River Band of Ottawa Indians are the descendants of and political successors to nine historical Ottawa bands whose leaders were signatories to the Treaties of March 28,1836 and July 31,1855. Our people have existed in Michigan from historical times to the present within separate autonomous bands that inhabited a territory extending from the Manistee River South to the Grand River in the Western Lower Peninsula of Michigan. 1.2. Purpose
This manual defines the policies and procedures for employment with
the Little River Band of Ottawa Indians. These policies and procedures
are designed to promote a better understanding of the rights, privileges
and responsibilities of employment with the Little River Band. They
are also intended to establish a merit-based, uniform system for personnel
administration that is designed to promote the quality and efficiency
of service for the Tribal government and its members. The policies set forth in this manual are not intended to create contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the LRBOI and any of its employees. 1.3. Authority The following policies and procedures have been authorized by the Tribal Council of the Little River Band of Ottawa Indians, and shall apply to all positions in the Tribal government. This manual was adopted by Tribal Council action on December 14,1997, and is in effect until the Tribal Council directs otherwise. 1.4. Amendment The Tribal Council may, at any time, abolish, change or otherwise amend these policies and procedures. Any such action will be posted, with its effective date and written notice shall be given by the Tribal Council to every employee. 1.5. Organization and Administration The Tribal Council of the Little River Band of Ottawa Indians is authorized to represent and provide leadership responsibilities on behalf of the Tribe's members, according to the terms and limitations defined in the Tribal Constitution. The Tribal Council has delegated the Tribal Manager to implement and administer these personnel policies and procedures. The Tribal Manager is responsible for day-to-day administration of Tribal programs and services, and for carrying out any and all administrative duties as may be delegated by the Tribal Council. At some future date, the Tribal Council may authorize the appointment of a Personnel Director to administer these policies and procedures. 1.6. Scope All policies and procedures in this document apply to all classified Tribal positions. The classified service shall include all positions except those listed below:
CHAPTER II Reprinted June 22,1999
Recruitment, Selection and Appointment It shall be the policy of the Little River Band of Ottawa Indians (LRBOI) to recruit and select the most qualified persons for employment. Recruitment and selection will be conducted to provide open competition and equal employment opportunity. 2.2. Nondiscrimination Except as stated in Section 2.3, it shall be the policy of the Little River Band of Ottawa Indians to prohibit discrimination in recruitment, selection, appointment, training, including apprenticeship, compensation, promotion or transfer, discipline, retention or any other aspect of personnel administration because of political or religious affiliation, marital status, race, national origin or other non-merit factors. No person shall be discriminated against because of age, sex, or physical disability in any conditions of employment except where age, sex, or freedom from physical disabilities constitute a bona fide occupational qualification. 2.3. Indian Preference Act Purpose: In accordance with provisions of the Indian Preference Act (Title 25, US Code, Section 472 and 473), the Little River Band of Ottawa Indians has established a Native American Preference Policy, which requires that preference in employment and promotion be given first to enrolled Tribal members. In order to receive this preference, individuals must provide documentation or proof of Tribal enrollment at the time of application and must be determined to meet the minimum qualifications for the position(s) identified in the job description(s). Tribal members wishing to take full advantage of the employment preference accorded under this provision must fully and accurately inform Little River Band of Ottawa Indians of their enrollment status and qualifications at the time of application and on an ongoing basis. The next order of preference will be given to children and spouses of enrolled members of the Little River Band of Ottawa Indians. Preference is next given to enrolled members of other Indian Tribes. Definitions:"Descendants " means those persons who are the biological issue of an ancestor who is an enrolled member of the Little River Band of Ottawa Indians; namely, the children, grandchildren, etc. "Employment" includes but is not limited to, the recruitment, hiring, promotion, transfer, training, upgrading, reduction-in-force, retention and recall of employees. "Employment Preference" means a preference given to Tribal members, a Tribal member's spouse and descendants, or other Native Americans in employment decisions when choosing between two or more applicants or employees possessing the necessary qualifications for a position. Application of the Employment Preference requires that a position, promotion or training opportunity. In administering this policy, no allowances will be made for members who fail to perform their required duties and seek to utilize tribal preference to escape discipline. All promotions and transfers of existing employees will be based upon employees' qualifications and work record, along with the Employment Preference. Tribal members with good past work records will be selected for open positions for which they qualify over tribal members with poor past work records. Employees who left the organization on good terms may be considered for re-hire before those with unknown or less than satisfactory past work records. "Equal prospect of Success in a Position" means that two or more candidates can successfully perform the responsibilities associated with a position, as defined in the job description for that position. Unless the "necessary qualifications" established for a position requires the applicant to possess certain degrees, licenses or experience immediately as of the date of hire, the term "equal prospect of success in a position requires that preference be given to Tribal members who can reasonably be expected to successfully perform the responsibilities associated with the position within a reasonable period of time following his/her date of hire. In general, it is expected that persons hired for any position will obtain the skills necessary to fully assume the responsibilities associated with a position before the end of his/her 90-day probationary period. "Necessary Qualifications" means those job-related qualifications which are essential to the performance of the basic responsibilities designated for each employment position, including any essential qualifications concerning education, training, and job-related experience, but excluding any qualifications relating to ability or aptitude to learn and perform responsibilities in other positions. Recruitment: To the extent practical given the available funding for this purpose, the Tribe's Human Resource Department shall develop and maintain a list of Tribal members employment and education histories so that qualified Tribal members can be targeted in recruitment efforts. The Tribal Human Resource Department shall consult with the Tribe's Education Department to identify Tribal members with education or experience which relates to positions being filled. Every reasonable effort shall be made to assure notification of all Tribal member households of all open positions through the Tribal newsletter or direct mailings. If no Tribal members apply for a particular position open and implement additional steps to recruit Tribal members. The efforts undertaken, the time periods allowed for such efforts and the results obtained from such efforts undertaken to recruit Tribal members for all positions shall be documented by the Human Resource Department and reported to the Tribal Ogema and the Council at least every six (6) months. Application of Preference: When two or more candidates possess the necessary qualifications for a position and appear to have an equal prospect of success in the position, the following hierarchy shall be applied in administering the employment preference established by this Act:
Each applicant wishing to claim entitlement to the employment preference established by the policy has an obligation to provide the Human Resource Department with documentary proof of Tribal enrollment, status as a Descendant, or Indian blood quantum at the time of application.
Preferential consideration will not be extended to applicants based on family ties to past or current employees or Tribal Council members. No employee, Tribal Council member, or committee member may participate in the screening, interview, or actual selection of an immediate family member or member of the same household. The term "immediate family" for any purpose shall be defined as follows:
2.5. Recruitment and Hiring Process The Tribal Human Resource Director will be responsible for the recruitment of candidates and posting of job opening. The recruitment process for all positions shall begin with the review, revision, or development of a written job description. All positions shall be posted in a prominent place in the reception area of each of the Tribe's offices. A notice for the position shall be sent to other Michigan Indian organizations and tribes by mail or facsimile. If, in the Human Resource Director's discretion, advertisement in newspapers will assist in the recruitment process, the position may be advertised for a minimum of three (3) days in papers selected by the Human Resource Director. The advertisement shall also be placed in the next Tribal newsletter and/or job hotline or a special notice may be mailed to all Tribal households. All advertisements and notices may contain a description of the job, requirements and qualifications. All applications will be returned to the Tribal office for processing. The Human Resource Director shall create a selection committee to review applications, interview selected candidates, and rank the top applicants. This committee shall consist of not less than three (3) persons, including the Human Resource Director and/or Tribal Manager, the supervisor for the open position, and one Elder selected at random from the Elders pool. The selection committee shall determine which applicants will be interviewed, and the members of the selection committee shall schedule and perform the interviews as a group. Upon completion of all interviews, the selection committee shall determine which of the applicants ranked best, second best, and third best (if at least three interviewed). Only those applicants whom the selection committee would recommend offering the position shall be ranked. If, following completion of all interviews, the selection committee believes that none of the applicants should be offered the position, the selection committee should inform the Human Resource Director of that fact and the position may be re-advertised. The Human Resource Director shall offer the position to the highest-ranking applicant recommended by the selection committee. If the highest ranking applicant is unable or unwilling to accept the position, the Human Resource Director shall proceed to the second-highest, and then the third-highest ranking applicant. If none of the three highest ranking applicants is able and willing to accept the position, the recruitment process shall start again, beginning with review, revision or development of the job description. If the applicant hired for the position vacates the position within 120 calendar days of his/her start-date, the Human Resource Director may offer the position to the second or third highest ranking applicant without starting the recruitment process over. The Human Resource Director may, however, elect to start the recruitment process over, in which case all previous applicants will be included in the pool of applicants. 2.6. Application for Employment Persons seeking employment with the LRBOI must submit a resume and/or complete an employment application to the Tribal Office, in the care of the Human Resource Director. All applications and resumes shall be maintained in an active file for a minimum of six months. After this period applicants must reactivate the application for each announced vacancy. The LRBOI shall rely upon the accuracy of information contained in the applicant's employment application and resume, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the employer's exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. 2.7. Character Investigations All positions within the LRBOI will require a character investigation, including criminal history check and reference check. Hiring and continued employment in these positions is contingent upon meeting the standard of character the Tribe has adopted. The Tribe will conduct an investigation of the character of each individual who is employed, or is being considered for employment by the Tribe in a position that involves regular contact with, or control over children in accordance with Public Law 101-630. This investigation will, at a minimum, require that a criminal background check be conducted by the tribal official(s) designated to receive and be responsible for the results of fingerprints checks described below. The tribal official(s) designated to receive and be responsible for the conduct of fingerprint checks, criminal history checks and reference checks shall be specified by resolution of the Tribal Council and the names of such person(s) shall be attached to each application for employment. The standard of character the Tribe has established includes that no person has been found guilty of, or entered a plea of nolo contendere, or guilty to, offenses under federal, state or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, prostitution, or child sexual misconduct, or crimes against persons. All applicants for, and current employees in, such positions must sign a release of information form to authorize the release of any criminal activity on record to the Human Resource Director. The suitability of each applicant proposed for hire shall be determined in accordance with the following procedures. (a) Suitability Adjudication Process
Additional consideration. In making the suitability determination of responsible officials shall consider the following additional factors to the extent that these factors are deemed pertinent to the individual case.
4.
Basic Steps in the
Suitability
Adjudication Process
(b) Reference Check PolicyThe policy is to select and employ
only those persons' whose performance, conduct and suitability will
promote the efficiency of the Little River Band of Ottawa Indians. To
comply with this policy, the Tribe's Human Resource Director, or his/her
designee, or the Assistant Tribal Manager (referred to as the "selecting
officials") are to conduct reference checks before a final employment
selection or job commitment is made.
2.8. Appointments All appointments to vacant positions with the Tribe will be confirmed by a letter from the Human Resource Director. The letter will identify the position, starting salary, applicable fringe benefits and beginning date. 2.9. Types of Appointment The following definitions describe the various categories of employment with the LRBOI included in each category is an identification of benefits eligibility.
CHAPTER III Reprinted October 15,1998 Personnel Administration and Development3.1. Personnel Records
All employee's shall have an official personnel file containing such
items as:
All employee personnel information is strictly confidential and access to personnel files is limited to the Accountant, the employee's supervisor, the Tribal Manager and the Tribal Council. Any disclosures from an employee's personnel records will not be provided without the employee's written authorization, except as required. An individual may see their own personnel file at reasonable times and intervals. If the employee does not agree with any information contained in their personnel file, they may submit a written statement explaining their position which will be made a part of the employee's file. It is the responsibility of each employee to promptly notify his/her supervisor or the Tribal Manager of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of emergency, educational accomplishments, and other such status reports should be accurate and current at all times. 3.2. Job Description Every position with the LRBOI shall be described in writing by a job description. Each employee shall be given a copy of the job description for their position when hired and such employee must sign a copy of the description to indicate that they understand the duties, responsibilities and requirements of their position and a copy placed in their personnel file. At a minimum, job descriptions shall include:
Job descriptions will be written by the position's immediate supervisor, with the assistance of the Tribal Manager. Job descriptions maybe amended as necessary by the immediate supervisor with the written approval of the Tribal Manager or program director. Revised job descriptions must be signed by the employee to signify acknowledgement and understanding of the change in duties or responsibilities. 3.3. Work Plans Work Plans shall be required for certain employees, annually, on the basis of key responsibilities in the Job Description. Work Plans shall be designed by the employee, in consultation with the employee's immediate supervisor. Activities in the work plan will have a specific time frame and measurable objectives. Work plans may be subject to review or revision by the employee's supervisor and/or the Tribal Manager. 3.4. Orientation The Tribal Manager is responsible for ensuring that all new employees receive adequate orientation. The employee is required to report to the Tribal Manager on the first day of employment so that an orientation can be arranged. The orientation will consist of the following procedures:
3.5. Probationary Period Each new employee shall serve a three (3) month probationary period. This period is for the purpose of training, observing and evaluating the new employee's work and conduct to determine if the new employee is capable of performing job requirements in a satisfactory manner. During this period supervisors are expected to regularly observe the employee's work and to discuss performance expectations and standards with the new employee. Probationary employees are entitled to all benefits extended to regular employees. However, new employees may not take annual leave until they have successfully completed the probationary period. Personal and sick leave may be used by probationary employees at their discretion and in a manner consistent with the policies and procedures defined in this manual. Probationary employees will be evaluated at the end of three (3) months. Evaluations will focus on work performance, attitude, commitment to Tribal endeavors, attendance record, and other relevant job factors stated in the job description. Evaluations will be conducted by the employee's immediate supervisor and will be reviewed and approved by the Tribal Manager. The supervisor shall discuss the results of the evaluation with the employee and be signed by both the supervisor and employee before the evaluation is made part of the employee's record. Unsatisfactory performance will be brought to the attention of the employee during the initial evaluation. Probationary employees must receive at least a satisfactory rating of performance at the end of the probationary period before attaining the status of a regular employee. At the end of the probationary period, the recommendation to retain or dismiss the probationary employee, or to extend the probationary period an additional two months, will be made by the supervisor, subject to the approval of the Tribal Manager. No more than one (1) extension may be given to a probationary employee. Employees who do not satisfactorily complete the probationary period will be dismissed. A letter detailing the reasons for dismissal will be prepared by the Tribal Manager and given to the employee. A copy of the letter will be placed in the employee's personnel file. 3.6. Job Performance Appraisal The job performance appraisal (JPA) is intended to serve several purposes. It is intended to identify and evaluate the employee's strengths and weaknesses and to measure his or her progress. It is also a management tool to assess the employee's potential for promotion and/or pay raise. And it is an attempt to clarify the supervisor's expectations, provide guidance and promote open communication between the employee and supervisor. The following criteria will be standards to measure the performance of the employee in the appraisal:
The initial job performance appraisal will be conducted at the end of the employee's probationary period (refer to 3 .5). Afterwards, each employee will have a job performance evaluation at least once every twelve month based on the anniversary of the employee's date of hire. The job performance appraisal shall be conducted by the employee's immediate supervisor and shall be subject to the approval of the Tribal Manager. A copy of the written report will be provided to the employee. The report will be signed by the supervisor, initialed by the employee and placed in the employee's personnel file. The employee's initials on the evaluation QPA) indicate receipt of the copy and in no way implies that the employee agrees with the said evaluation. The employee may place a counter statement to the appraisal in the personnel file, if so desired. Where an employee requires disciplinary action, the employee may receive an interim JPA for purposes of corrective action. Continuing employment depends upon maintaining a satisfactory level of job performance. 3.7. Continuous Length of Service Continuous length of service for a Tribal employee is that period of employment with the Little River Band that is considered unbroken. Continuous length of service shall be considered as broken for the following reasons:
Time spent on leave of absence shall not be considered to be a break in service. Seniority and fringe benefits will be retained but not accrued. 3.6. Restoration of Length of Service
CHAPTER IV Reprinted Oct. 15,1998 Employee Compensation 4.1.
Compensation Policy All regular employees of the LRBOI are considered salaried employees, unless the terms of such employee's appointment clearly states otherwise. Salaried employees are paid in weekly installments. Salaried employees are required to work 40 hours per week on a regular basis to receive full compensation. Employees working less than 40 hours per week shall receive a prorated portion of the weekly installment for such employee's salary. 4.2. Payroll Procedures Tribal employees will be paid on a weekly basis. The first day of the pay period is Monday and the last day is Sunday. Payroll checks will be issued the Friday following the end of the pay period. All Tribal employees must complete a time sheet for each pay period. Time sheets must be signed by the employee and his/her immediate supervisor. Each supervisor is responsible for verifying all subordinates time sheets and submitting them to the Tribal Manager on the Monday following the pay period. The employer takes all reasonable steps to assure that employees receive the correct amount of pay in each paycheck. In the event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the program director or Tribal Manager so that corrections can be made as quickly as possible. It is the policy of the Tribe to distribute paychecks only to the employee in whose name the check issued. Employees who are absent on payday and wish to have someone pick up their check must do one of the following:
4.3 Pay Advances
An employee may receive a payroll advance if the following circumstances
occur: On the next regularly scheduled payday, an employee plans to be out of town: (1) on an authorized travel assignment; or (2) on authorized scheduled leave time. All payroll advance requests must be accompanied by an approved, completed timesheet. Hours may not be recorded on the timesheet for work which has not yet been performed. 4.4. Compensation Schedule The compensation plan shall include a schedule of pay ranges for all classes of jobs. This is referred to as the Job Classification Plan, and it is based on the principle of equal pay for equal work. Employees shall be paid a wage within the established range for the position. Pay ranges shall be determined with due regard to such factors as:
The Job Classification Plan is the grouping
of Jobs which have similar duties, responsibilities and/or qualifications
into specific classes and pay ranges. Each job shall be allocated to
the class and pay range which is most
appropriate based on factors such as those identified above. 4.5. Salary Adjustments Salary increases are based on a combination of factors including Job Performance Appraisals QPA), successful completion of credited training hours, documented completion of certifications, licenses, two, four and postgraduate degrees. Salary increases associated with JPA will only be considered on an annual basis. Based on employees review, 0 to 4% increase will be awarded. Compensation for documented completion of certifications, licenses, two, four and postgraduate degrees will be awarded at the time that proof of completion is presented to Human Resources and all proper paper work is completed with accounting and payroll.
Compensation for completion of pre-approved job-related training hours will be awarded at the time that proof of completion is presented to Human Resources and all proper paper work is completed with accounting and payroll. It should be noted that such job-related training is based upon pre-approved training which is outside the scope of study for employees' furthering their educational background by working towards a degree or certificate as outlined above.
The (10) contact hours will equate to one (1) Documented Continuous Credit Hours. Attendance must be preapproved by management and verification of hours attended in sessions will be required from the sponsoring body. Certain positions with the tribe require those candidates' licenses and/or certification (nursing, nurse practitioner, physician's assistant, social work, law enforcement, etc.) in order to work in the position they are applying for. Offers of employment and continuation of employment for such individuals is based upon their ability to maintain their credentials as specified by federal, state and Tribal law in order continue working in these positions. Although such individual employees' are qualified to gain additional increases through documented continuous credit hours and/or furthering their formal education, they are not however allowed credit hours or other allowances that are directly related to maintaining their credentials under which they were hired. 4.6. Cost of Living Increases Cost-of-living increases that alter the Job Classification Plan may be made only by the Tribal Council. 4.7. Overtime Policy It is the policy of the Tribe not to allow an employee to work more than 40 hours in any week. The following options for work scheduling may be provided:
CHAPTER V Reprinted October 15,1998 Work Hours and Schedules 5.1. Work Hours The normal work schedule for all employees is five days a week, nine hours a day which includes a 1 hour meal break. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. Each employee's work schedule will be set by his or her supervisor according to the needs of the Tribe and the program. Changes in the work schedule are at the discretion of the immediate supervisor, not the employee. Scheduling, including approval of leave requests and compensatory time, shall ensure that all Tribal administrative and program offices can be open for the transaction of business Monday through Friday of each week, form 8:00 a.m. until 5:00 p.m. Excepted are departments requiring shift work. Lunch Periods and Rest Periods - Each employee shall be allowed a one-hour lunch period daily. Lunch periods shall be staggered so as not to curtail services to the public. Employees may elect, with the approval of their supervisor to take a 30 minute lunch period. In such situations the reporting or leaving time can be adjusted accordingly. Unless required and requested by a supervisor, and employee will not be compensated for the time worked through a lunch period. Employee Responsibility - Employees are expected to conform with the above hours of work, report promptly for work remain until the close of their regular shift. Anyone unable to report for work on time, for any reason, is expected to telephone their supervisor or the Tribal Manager at least 30 minutes prior to the start of their scheduled shift. Tribal employees on field assignments or on travel status are expected to exercise sound judgment in regards to an eight hour working day. Certain grant programs require that working hours be documented through time checks with supervisors or his/her designate. 5.2. Compensatory Time If it is necessary for any employee to work in excess of 40 hours per week, up to 4 hours of compensatory time may be granted by the Tribal Manager or program director. Requests for compensatory time must be approved by the Tribal Manager or program director before an employee accumulates any excess hours during a given work week. Requests for compensatory time must be made in writing, specifying the reason(s) it will be necessary for the employee to work in excess of 40 hours and the date/time the employee wishes to use the compensatory time. Failure to follow these guidelines will result in denial of the request for compensatory time and the employee will not be paid for unapproved compensatory time. The use of compensatory time must be approved in writing by an employee's immediate supervisor or the Tribal Manager, and is subject to cancellation if the employee is needed at work.
An employee may not accumulate more than 4 hours of compensatory time
per week. All compensatory time 5.3. Timekeeping Accurately recording time worked is the responsibility of every employee. Federal regulations require the Tribe to keep an accurate record of time worked. Time worked is all the time actually spent on the job performing assigned duties. The employees must comply with the timekeeping system implemented by the Tribe. Failure to properly comply with the requirements of the timekeeping system can result in disciplinary action. All employees except those excluded by the Tribal Council must record their time through the use of time clock or other method established by the Tribal Manager. Failure to properly utilize the time clock or other method for recording time worked in a proper manner can result in disciplinary action. Tampering, altering, or falsifying time records, or recording time on another employee's time record may result in disciplinary action, including discharge. All employees must submit an approved timesheet to the Tribal Manager and/or accounting department the Monday before payday. An employee who does not submit a timesheet on time must submit an approved timesheet before receiving a payroll check. An approved timesheet must be signed by the appropriate supervisor. CHAPTER VI Reprinted October 15,1998 Benefits, Holidays and Leave
6.1. Employee Benefits All regular full-time, regular part-time, and probationary employees are entitled to certain fringe benefits that are identified in this section. For purposes of entitlement to benefits, regular, full-time employees are defined as those employees working 32-40 hours per week. Regular, part-time employees working less than 32 hours per week are eligible for benefits on a prorated basis as allowed by the specific provisions of the benefit plan. Certain benefits are limited only to full-time employees. Excepting those benefits required by law, all other insurance benefits are subject to the availability of funds. The Tribal Council reserves the right to determine appropriate insurance programs within the constraints of available budgets, or to terminate coverage as circumstances require. Certain employees will be tax exempt because they are Little River Band Tribal members and their positions involve the protection, enforcement, or administration of treaty resources. These employees may have different benefits than other employees. Differences in benefits are noted in these policies. 6.2. Required Benefits All non-tax exempt, regular or temporary, full and part time Tribal employees are provided with standard benefits prescribed by applicable federal and state law. They include Social Security (FICA), Medicare (MEDI), state unemployment insurance (SUTA), and workers' compensation. Employee's contribution to the cost of Social Security coverage is defined by law and is automatically deducted from each paycheck. The Tribe pays all costs for providing Unemployment Insurance and Workers' Compensation. 6.3. Health Insurance All regular full-time and probationary full-time employees may be provided with comprehensive major medical coverage. Employees should refer to the insurance brochure for the limits and conditions of this coverage. All employees must complete an enrollment form during the orientation process, which will identify family members covered by the plan. The cost of this health insurance coverage is paid for by the Tribe. Employees who are separated due to layoff, resignation, dismissal or other separation are covered under the health insurance plan for one (1) month following the date of separation. However, the employee must pay twenty (20) percent of the premium for this coverage, which will be deducted from the final paycheck, unless the employee waives the right to this coverage, in writing. 6.4. Life Insurance All regular full-time and probationary full-time employees may be provided with a term life insurance policy. Employees should refer to the insurance brochure for the limits and conditions of the policy. The cost of this benefit is paid for by the Tribe. 6.5. Short-term Disability All regular full-time employees may be provided with disability insurance coverage. Eligible employees may be covered with short and long term disability coverage. Employees should refer to the insurance brochure for the limits and conditions of the coverages provided. The cost of this benefit is paid for by the Tribe. 6.6. Retirement/Pension Plan
[RESERVED] 6.7. Holidays
The Little River Band recognizes the following designated holidays and
grants time off with pay to all employees.
6.8. Annual Leave
Regular full-time and regular part-time employees are eligible for annual
leave benefits as described below. Up to eighty (80) hours of Annual leave can be carried over from year to year. Unused annual leave in excess of eighty (80) hours expires without compensation. Employees requesting annual leave for more than one day at a time are required to notify and obtain the approval of their supervisor and the Tribal Manager at least one week prior to the anticipated annual leave. Employees requesting annual leave for one day or less are required to obtain the approval of their supervisor at least 48-hours in advance of the anticipated annual leave. No annual leave will be taken in less than 4-hour blocks of time. Upon separation either by layoff, firing, quitting or other separation, the Tribe will pay cash value for accrued annual leave at the employee's current rate of pay. If a holiday falls within an annual leave period, it will not be considered as a vacation day.Annual leave shall not accrue during an employee's leave of absence. In the event a Little River Band program is phased out, employees shall be notified of the effective date the program ends in order that the employee can use all accrued annual leave before the program ends. It shall be the responsibility of the program director or supervisor to notify the affected employees of any such project termination date and the amount of annual leave the employees have accrued. Regular full-time employees shall earn annual leave based upon their continuing length of service with the Little River Band. Annual leave shall be earned according to the following schedule:
Regular full-time and regular part-time employees who work less than 40 hours per week will receive annual leave on a prorated basis. 6.9. Personal Leave To recognize the occasional need by employees to be absent from their schedules for personal purposes the Tribe grants personal leave. Personal leave can be used for any purpose that the employee desires. Typical uses of personal leave might be:
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