SPTHB 2021 Employee Handbook

2021

EMPLOYEE HANDBOOK PERSONNEL, POLICIES, & PROCEDURES EFFECTIVE OCT 12, 2021

Contents Introduction Purpose .................................................................................................................................... 4 SECTION 1: Employment ........................................................................................................................... 4 1.1

Equal Employment Opportunity ............................................................................................... 4

1.2

Recruitment and Hiring ................................................................................................................. 5

1.3

Employment Classifications for Direct Hire Positions ................................................................... 5

1.4

The SPTHB Internship Program: .................................................................................................... 6

1.5

Orientation, Training and Development ....................................................................................... 8

1.6

Initial Review Period ..................................................................................................................... 8

1.7

Annual Review Period ................................................................................................................... 9

1.8

Hours of Work ............................................................................................................................... 9

1.9

Teleworking:................................................................................................................................ 10

1.10

Employee Privacy ........................................................................................................................ 12

1.11

Outside Employment .................................................................................................................. 12

SECTION 2: Compensation .......................................................................................................................... 13 2.1

Salary Administration .................................................................................................................. 13

2.2

Regular Pay Procedures .............................................................................................................. 14

2.3

Time Sheets and Leave Reports .................................................................................................. 14

2.4

Payroll Deductions ...................................................................................................................... 14

SECTION 3: Employee Benefits ................................................................................................................... 16 3.1

PTO: Paid Time Off ...................................................................................................................... 16

3.2

Holidays ....................................................................................................................................... 17

3.3

Benefits ....................................................................................................................................... 18

SECTION 4: Absences from Work ................................................................................................................ 19 4.1

Attendance and Punctuality........................................................................................................ 19

4.2

Cultural Leave ............................................................................................................................. 19

4.3

Bereavement Leave .................................................................................................................... 20

4.4

Military Leave .............................................................................................................................. 20

4.5

Maternity and Paternity Leave ................................................................................................... 20

4.6

Family and Medical Leave ........................................................................................................... 21

4.7

Jury and Witness Duty ................................................................................................................ 22 1

4.8

Meal and Rest Periods ................................................................................................................ 22

4.9

Inclement Weather ..................................................................................................................... 22

4.10

Wellness Leave ............................................................................................................................ 23

4.11

Education Leave .......................................................................................................................... 24

SECTION 5: Employee Expenses .................................................................................................................. 25 5.1

Employee‐Incurred Expenses and Reimbursement .................................................................... 25

5.2

Mileage Reimbursement ............................................................................................................. 25

5.3

Business Entertainment .............................................................................................................. 25

5.4

Interview and Relocation Reimbursement ................................................................................. 26

SECTION 6. Behavior in the Work Setting ................................................................................................... 27 6.1

Public Relations ........................................................................................................................... 27

6.2

Alcohol/Drug Free Workplace..................................................................................................... 27

6.3

Non‐Smoking Environment ......................................................................................................... 28

6.4

Dress Requirement ..................................................................................................................... 28

6.5

Harassment ................................................................................................................................. 28

6.6

Conflict of Interest ...................................................................................................................... 29

6.7

Confidentiality ............................................................................................................................. 30

6.8

Internet Usage ............................................................................................................................ 30

6.9

Testimonials, Endorsements and Articles ................................................................................... 31

6.10

Participation in Professional and Civic Organizations ................................................................. 32

SECTION 7: Progressive Disciplinary System and Grievance Procedures ................................................... 33 7.1

Progressive Disciplinary System .................................................................................................. 33

Step One: Verbal Warning .................................................................................................................. 33 Step Two: Written Warning ................................................................................................................ 33 Step Three: Termination ..................................................................................................................... 34 7.2

Grievance Procedure................................................................................................................... 34

Section 8: Separation .................................................................................................................................. 36 8.1

Resignation – voluntary separation by the employee. ............................................................... 36

8.2

Dismissal‐ involuntary separation by SPTHB............................................................................... 36

8.3

Reduction in Force ‐ separation due to workforce reduction/position elimination................... 37

8.4

Severance Compensation: .......................................................................................................... 37

Triggering Events................................................................................................................................. 37 Payment Amount ................................................................................................................................ 37 2

PTO ...................................................................................................................................................... 38 Commissions ....................................................................................................................................... 38 Insurance Benefits .............................................................................................................................. 38

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Introduction Purpose The Southern Plains Tribal Health Board (SPTHB) Personnel Policies and Procedures Employee Hand has been adopted by the governing Board of the SPTHB to establish uniform procedures and policies that provide consistent and fair treatment of personnel actions related to recruitment, selection, and employment. This manual is intended to strengthen communication and efficiency related to personnel administration and empower employees to be productive and progressive in the completion of their duties. These policies and procedures apply to all employed by the SPTHB, regardless of funding source or duty location.

The SPTHB may employ Civil Service employees through Inter‐Agency Personnel Agreements (IPA) or Commissioned Officer employees under Memorandums of Agreement (MOA) with the federal government. Where required by applicable law, federal employment policies and procedures apply to these employees.

SECTION 1: Employment 1.1

Equal Employment Opportunity

It is the intent and resolve of the SPTHB to comply with the requirements and spirit of the law in the implementation of all facets of equal employment opportunity and affirmative action. In the recruitment, selection, training, utilization, promotion, termination, or any other personnel action, there will be no discrimination on the basis of race, creed, color, religious belief, sex, sexual orientation, gender identity, age, national origin, ancestry, physical or mental disability or veteran status, with the exception that the policy of American Indian preference in hiring and promotions shall be adhered to.

SPTHB fully complies with all government requirements for setting up and carrying through affirmative action policies related to the protected classes mentioned above.

1. It is the objective of the SPTHB to hire individuals who are qualified for positions of employment by virtue of job‐related standards of education, training, and experience, and who have appropriate personal aptitudes.

2. The spirit of this policy also applies to persons served by the SPTHB, to membership on the governing board, and to all committees and volunteers, interns, and fellows.

3. The SPTHB expressly prohibits any form of employee harassment based on race, color, religion, sex, national origin, age, disability, and status as a special disabled combat veteran, or status in any group protected by state or local law. Improper interference with the ability of SPTHB employees to perform their expected job duties is not tolerated. Any conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment shall not be tolerated.

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1.2

Recruitment and Hiring

Every effort is made to hire employees for jobs that make the best use of their abilities and in which they will be able to be highly productive while achieving personal satisfaction on the job. The SPTHB is an equal opportunity employer. Individuals are hired solely upon the basis of their qualifications for the job for which they have applied. Job openings are announced to current employees first.

1. In the event of vacancies or establishment of senior level positions in the organization, the SPTHB shall consider promotion from existing qualified staff first. Preference for in‐ house advancement shall be recommended by the employee’s supervisor, with concurrence by the Executive Director. Such in‐house preference shall apply to senior level vacancies only. All other positions shall be subject to Indian preference as described in paragraph 2 below.

2. In the event that no qualified current staff is available, the SPTHB shall give preference in employment to qualified American Indian/Alaskan Native candidates.

3. Outside recruitment may consist of newspaper advertising, media outlets, SPTHB Website and social media.

4. All recruitment shall be conducted in an ethical, professional, and non‐ discriminatory manner.

The Human Resources Manager is responsible for coordinating initial interviews and securing reference checks for each final candidate. The resume and reference checks on the selected candidate shall be submitted by the employing supervisor to the Executive Director for review and final approval.

5. Selection will be based on a final comprehensive evaluation of applicants. The best qualified applicant that possesses the attributes to perform the job duties will be selected.

6. Nepotism: The SPTHB shall not employ any applicant to whom an immediate family member (i.e., spouse, children, parent, siblings, grandparent, and relatives‐in‐law) exercises supervisory authority or responsibility over the person, or in which an immediate family member is in a position to order personnel action that shall affect the applicant. The Executive Director and Human Resources Manager shall make the final determination regarding questions of nepotism should the need arise.

1.3

Employment Classifications for Direct Hire Positions

Positions within the SPTHB are generally designed to require full‐time regular employees. In certain functions and during some seasons, work schedules and company needs may require the services of staff in addition to full‐time employees. There are four classifications of employees at SPTHB. 1. Regular Full‐Time: An employee hired for an indefinite period in a position for which the normal work schedule is 40 hours per week. Regular full‐time employees qualify for all company benefits.

2. Regular Part‐Time: An employee hired for an indefinite period in a position for which the normal work schedule is at least 20 but less than 40 hours per week. Regular part‐ time employees may accrue leave on a pro‐rated basis, but do not qualify for any other regular company benefits.

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3. Temporary: An employee hired for a position for which the scheduled work week can range from less than 20 to 40 hours, but the position is required for only a specific known duration, usually less than six months. Temporary employees do not qualify for regular company benefits.

4. Probationary: A regular employee during their initial review period.

Independent Contractors shall be required to adhere to the rules and guidelines of this personnel policy in addition to written requirements specific to their independent contract.

Provisions in the Fair Labor Standards Act (FLSA) divide all employees into two categories, exempt and non‐exempt, with respect to eligibility for overtime payment. Categorical status shall be identified in all job descriptions. These categories are defined as: Exempt: A position considered to be supervisory or requiring advanced degree or extensive job experience. Such positions shall be considered senior‐level positions that exercise ongoing judgment and decision‐making related to program, financial and personnel management.

Exempt employees are not eligible for overtime hours.

Non‐Exempt: Any position for which the primary assigned duties and activities are not managerial, professional, or outside sales. Such positions may exercise limited judgment or decision‐making for specific purposes, but do not exercise such authority broadly related to overall program, financial and personnel management. Non‐exempt employees are eligible for overtime hours; however, overtime must be pre‐approved by the employee’s supervisor. Overtime should be limited to stay within the budgeted funding amount for each position. Poor time‐management is not grounds for requesting/receiving overtime hours.

1.4

The SPTHB Internship Program:

The mission of the Southern Plains Tribal Health Board (SPTHB) Internship Program is to foster competent and capable future employees for the American Indian Public Health and Non‐profit sectors.

Interns will be trained and instructed in proper office etiquette and protocol with special emphasis on training in the following core areas: 1.

2.

3.

4.

The fundamentals of Non‐profit Organizations.

The fundamentals and functions of Tribal Epidemiology Centers The fundamentals of grants management The fundamentals of Tribal Health Facilities and Tribal Public Health (ITUs) a. Indian Health Services b. Tribal Health Facilities c. Urban Indian Health Facilities

In addition to performing activities associated with the program the intern is hired under, interns will receive training and curriculum in the areas listed above. The goal will be to provide selected interns

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with marketable skills and knowledge to become valuable assets to future employers and the American Indian Community overall should they choose to enter that employment field.

Standards and Requirements: A. SPTHB Interns are required to apply using the online portal to be considered for selection.

B. Interns must be currently enrolled in an accredited college or university.

C. Duration: Internships at the SPTHB should not exceed twelve (12) months. Internships exceeding twelve months are a disservice to the student and the organization. Any intern who may exceed 12 months should be considered for permanent employment.

D. Interns shall be classified as temporary employees. Temporary employees are not eligible for benefits or paid holiday leave.

E. Part‐time interns will be provided Paid Time Off (PTO) at a pro‐rated rate based on the number of hours worked in a week.

F. Supervision: Each intern shall be assigned a supervisor. The intern’s supervisor is responsible for coordinating work activities, monitoring progress and performance, and disciplining the intern should the need arise. Additionally, the supervisor is responsible for coordinating training in the SPTHB Internship core areas.

G. Prior to selection, intern’s schedules should be set by the supervisor and agreed to by the intern.

The intern is responsible for maintaining good punctuality and attendance. The supervisor is responsible for recording attendance and punctuality and disciplining the intern should the need arise.

Summer Interns Summer interns shall apply during the spring semester and work through summer. These internship end when fall coursework resumes.

Mid‐year Internship From time‐to‐time, SPTHB programs, including grant programs and administrative departments and programs, may have a need for interns during the regular school year for short‐term, program specific activities. Mid‐year interns are required to follow internship policies and procedures and are not permitted to schedule work hours during class hours.

Unpaid Internships: The SPTHB will allow unpaid internships opportunities only when unpaid interns are participating in the internship to earn college credits. These internships or practicums must adhere to the rules and regulations of the academic facility in which the student is enrolled. Unpaid interns may be paid through outside organizations. In these circumstances, the supervisor is responsible for tracking and certifying the intern’s hours worked.

Certificate of Successful Completion: Upon completion, each intern shall be quizzed on the core components of the SPTHB Internship Program. Additionally, each intern is required to write a short essay on their experience and knowledge gained in the core, fundamental areas. Upon completion of the essay and a score of 90% or better on the quiz, the intern shall be presented with a Certificate of Successful Completion of the SPTHB Internship Program along with public recognition on our company website and through social media outlets (with the intern’s permission).

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The intern’s personnel file will be stored in the SPTHB Human Resources office for future reference and review by potential employers.

1.5

Orientation, Training and Development

To help employees do their best on the job, the SPTHB orients new employees to the organization’s mission and vision.

1. The primary purpose of the employee orientation program is to provide information to newly hired employees about the SPTHB’s mission, values, goals, policies, procedures, and benefits, as well as information related to his or her specific job.

2. The Human Resources Manager is generally responsible for orientation and on‐the‐job training.

However, non‐supervisory employees may be assigned as on‐the‐job trainers, and such training is conducted during normal working hours. Employees are trained on a continual basis, as new procedures and techniques are implemented.

3. Self‐improvement and training courses are available to employees on an ongoing basis within the constraints of budget.

4. Certain costs (e.g., travel, expenses, texts, tuition, etc.) for training that is required by the SPTHB will be paid for by the organization. Costs of training that is requested by the employee, but not required by the SPTHB, may be paid by the organization, the employee, or shared. The Executive Director, or TEC Director, must approve all training cost reimbursement requests.

1.6

Initial Review Period

An initial review period allows the SPTHB and the employee time to evaluate his or her interests in the job and his or her ability to carry out its requirements.

1. The first 60 days of employment for all new employees and all transferred, or newly promoted employees is considered to be an initial review period. Upon successful completion of the review period, the employee will be given regular status. Employee benefits shall begin on the first day of the month following successful completion of the Probationary Period.

2. During the review period, the employee’s job performance will be carefully observed to determine if the newly hired employee is able to perform the requirements of the job when fully trained. As they become apparent, areas for development will be brought to the employee’s attention for appropriate action. After the initial review period, the supervisor prepares a written evaluation of the employee’s job performance. The evaluation includes a recommendation about granting the employee regular status.

3. New employees, during their review period, are not eligible to receive employee benefits, except for leave without pay, which has been given prior approval by the Executive Director or TEC Director.

4. If, at any time prior to the end of the 60‐day review period, it becomes obvious to the supervisor that the job‐employee match is unsatisfactory, all facts will be documented and one of the 8

following actions taken: employee counseling and extension of review period, or termination. In the event of employee counseling and extension of review period, such extension shall not exceed an additional sixty (60) days, and all provisions of the initial review period shall apply, except those additional extensions may not be granted. Within the extended sixty (60) days, the employee and their direct supervisor will develop an employee improvement plan for review.

5. At any time during an initial review period, an employee may be separated from employment for just cause without recourse to the grievance procedures.

6. In no case will successful completion of the initial review period guarantee indefinite employment.

7. An initial review period may be waived upon recommendation by the employee’s supervisor and approval by the Executive Director in cases where a temporary employee transfers to a regular classification.

1.7

Annual Review Period

Each employee of the SPTHB shall have their performance evaluated on an annual basis. All such reviews shall be initiated by the employee’s supervisor and completed during the Annual Review Season which begins in May and ends in June. Should a pay increase accompany the annual review, such increase shall be included in the employee’s pay effective July 1.

Annual Evaluations shall consist of an Employee Input Form submitted to the employee’s supervisor and an Annual Evaluation Form completed by the evaluating supervisor. These forms shall be forwarded to the Human Resources Manager and placed in the employee’s Personnel File after completion.

All consideration for continued employment, salary adjustment, training & development recommendations, corrective or discipline actions, and commendation or other recognition shall be identified in writing in such a review and discussed with the employee by their supervisor. The employee and their supervisor shall sign annual review documents. If an employee disagrees with any recommendation or action contained in the review, the employee shall be afforded an opportunity to grieve such recommendation or action in accordance with the grievance procedure outlined in this manual.

1.8

Hours of Work

The SPTHB establishes the time and duration of working hours as required by customer service needs, workload and production flow, and the efficient management of personnel resources.

1. The hours of operation for the SPTHB office are 8:00 a.m. to 5:00 p.m., Monday through Friday, except on those days observed as holidays.

2. For all full‐time non‐exempt employees, eight (8) hours constitute a workday. Forty (40) hours within a calendar week constitute a work week.

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3. Non‐exempt employees may be assigned additional hours of work by supervisors to meet organizational requirements. If hourly employees are required to work hours in addition to their regular scheduled week, they are paid in accordance with FLSA regulations.

4. All full‐time non‐exempt employees are entitled to overtime for all hours worked in excess of forty (40) hours in one week. Overtime is paid as time and one‐half for all hours in excess of 40 per week. The employee’s supervisor must approve all overtime in advance. The supervisor must initial the overtime on the employee’s time sheet.

5. Employees in the exempt classification for which the SPTHB has established a specific annual salary shall be considered as fully remunerated for all services rendered regardless of the number of hours worked.

6. Attendance at lectures, meetings, and training programs is considered time worked if: attendance is required by the SPTHB; course, lecture, or meeting is directly related to the employee’s job; and the employee’s performance is satisfactory.

7. Irregular Work Hours. When SPTHB program activities necessitate irregular work hours (e.g., business travel, conference set‐up, etc.), a non‐ exempt employee may adjust the normal work‐ week schedule to accommodate irregular work hours in lieu of overtime pay. Irregular work hours shall be arranged in advance between the employee and the immediate supervisor. Such work hour adjustments shall be activity‐based, and all compensatory time adjustments shall be made within the same pay period in which the activity occurred. If compensatory time adjustments are not made within the same pay period in which the activity occurred, any such compensatory time adjustments shall be forfeited by the affected employee.

8. Flexible Work Schedule or AWS “Alternate Work Schedule” Employees, at the discretion and approval of their supervisor may work an alternate work schedule that may include working hours to deviate from normal “8am – 5pm or Monday – Friday” schedule.

1.9

Teleworking:

To maintain a progressive, modern workplace, the Southern Plains Tribal Health Board shall allow employees to work off‐site at an alternative workplace as Probationary, Occasional or Regular Telework Employees provided the position and the employee have been designated as “eligible” by the supervisor, TEC Director and Executive Director. While this policy endeavors to transition the SPTHB to a more “Teleworking Friendly” organization, at no time should teleworking interfere with our capacity to provide the highest level of service to the tribes in our region of Oklahoma, Kansas, and Texas. Rather, the purpose of this policy is to better position our organization to serve our tribes in new and innovative ways and make our staff more available to our tribes and partners.

The first 60 days of teleworking will be a probationary period during which the employee and supervisor can evaluate communication methods, reporting systems and the sustainability of a long‐term teleworking schedule. At the end of the probationary period, the supervisor should notify the employee in writing if the probationary period has been successfully completed, needs to be extended or if teleworking is not in the best interest of the program and/or organization.

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On occasion, teleworkers may be required to either attend events, such as our annual conference, or physically come to the office, such as mandatory staff meetings and evaluations/assessments. The designated alternative workplace shall be specified by the employee and approved by the supervisor.

Should an employee need or desire to leave the designated workplace for a prolonged (more than half a day) period, such as vacation or family trip, or if the employee has an emergency which prevents the employee from working/being available, or if the employee is sick, those hours should be recorded as PTO hours.

Confidentiality: while working away from the office, all staff are expected to maintain confidentiality of all tribal data and other confidential items. When sending confidential data via email, encrypted emails are required to be used.

Conduct: Professionalism and proper attire should be used when communicating virtually with staff and partners. This includes professional telephone etiquette and professional attire when meeting with partners virtually and in‐person.

Regular Task Reporting: Telework employees required to report, at minimum, on a weekly basis through the method prescribed by supervisor. Progress on tasks, assignments, collaborations, successes, and setbacks should be reported.

Safety: Employees are required to ensure their work area and location while teleworking is safe and free from distractions and potential hazards. Employees may be eligible for workers compensation if injured while conducting business within their scope of responsibilities, however, teleworking employees accept that responsibility rests with the employee to ensure their workplace away from the main office is safe.

Discipline: Should any Regular or Occasional Telework employee demonstrate a lack of proficiency teleworking, his or her supervisor shall notify the employee in writing of their deficiencies. Should the issues not be resolved, the employee will be put on a 30‐day probationary teleworking schedule.

Additionally, the employee will need to meet, in person or virtually, with the supervisor and be provided a Performance Improvement Plan. During this meeting, the employee and supervisor will discuss methods to improve performance moving forward and will schedule a meeting to reassess on or around 30 days after the initial meeting. However, certain egregious conduct may be grounds for immediate termination of teleworking privileges at the discretion of the supervisor and approval of the Executive Director. Supervisors are required to keep track of productivity and task completion. Additionally, feedback and evaluation should be provided to employees by their supervisors on a regular basis along with clear expectations and direction.

1. Non‐communication for three consecutive days is grounds for termination in accordance with the job abandonment provision outlined in section 8.5 of this personnel policy.

2. Prior to beginning a probationary teleworking schedule, the Supervisor Assessment, Employee Agreement, mandatory training, and Teleworking Checklist shall be completed.

Duty location: The official work site of SPTHB personnel, unless otherwise agreed to in advance by the employee and Executive Director, and as necessitated by organizational needs or contractual obligations, shall be the SPTHB offices located at 9705 N. Broadway Extension. Suite 200, Oklahoma City, Oklahoma.

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1.10 Employee Privacy The SPTHB believes that nothing should be placed in an employee’s Personnel File unless there is a clear business reason for doing so. Our employee privacy philosophy is further reflected in the following statements: 1. Human Resources shall maintain official personnel files which will include only job‐ related information pertinent to employment.

2. Upon written request, employees may see information in their official personnel files. If an employee disagrees with the information, he or she may submit written comments that will be attached to the information.

3. Employees must give their written permission before there will be external disclosure of their personnel information, with the exception of the following information: a. Verification of dates of employment, positions held, and salary when requested by the employee’s prospective employer. b. Information the organization is obligated to release due to court order or subpoena, in which case, the employee will be informed prior to the disclosure if reasonably possible.

1.11 Outside Employment Full‐time employment by the SPTHB generally shall constitute the sole employment of any employee.

However, it is recognized that personal situations do occur that make it necessary for employees to seek supplemental employment.

Regardless, SPTHB employees are not allowed to work elsewhere without prior written permission from the Executive Director or Tribal Epi Center Director. Permission to engage in outside employment shall not be granted, or may be revoked, if such employment may or does result in one of the following: 1. Impairment of on‐the‐job efficiency; or 2. Conflicts of interests; or 3. Unfavorable publicity or poor public relations.

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SECTION 2: Compensation 2.1

Salary Administration

To attract, retain and motivate above‐average employees, the SPTHB attempts to pay wages and salaries that are competitive with rates being paid for like jobs by other employers in Indian country and the local business community.

1. Salary Level. An employee shall be compensated according to position difficulty, the required education level, the required experience level, the position responsibilities, the program funds availability, and minimum and maximum salary as established by program guidelines. The Human Resources shall retain, on file, a salary range guidance which will be updated bi‐annually to reflect increases in regional rates for the organization’s position categories.

2. Basic Salary. The basic salary level for entry level employees shall be periodically adjusted to reflect changes in: a. The Federal minimum wage. b. Comparable rate of compensation in Indian country and the local business community for comparable positions; or c. Determination by the SPTHB that a uniform adjustment is required to offset changes (inflation or deflation) in the cost‐of‐living index.

3. Salary Range. Salary ranges may exist for each position classification to provide administrative flexibility for the recognition of individual employee differences among positions of the same type. This discretion will provide employees incentive for growth and improved performance and will reward employees for exemplary service. Salary ranges will be developed by the Executive Director and approved by the SPTHB. 4. Salary Adjustments. Salary adjustments are not automatic and shall not occur unless recommended by an employee’s supervisor and concurred by the Executive Director. The Executive Director shall seek approval of overall salary adjustments from the SPTHB. 5. Other Adjustments. Certain other circumstances may warrant salary a. A promotion to a position in a higher salary range that requires tasks of increased responsibility or complexity. b. When a promotion occurs, an increase is normally appropriate unless the employee’s salary is already at, or near the midpoint of the new range. When the employee’s salary is below the minimum of the new range, the salary will be raised to the minimum as soon as possible. c. The size of any recent increase will be considered when determining the size of a promotion increase. d. Cost of Living Allowance (COLA) is tied to a cost‐of‐living index, typically to the consumer price index (CPI). A COLA adjusts salaries based on changes in a cost‐of‐living index. Cost of living increases, and effective date shall be determined and be approved by the Executive Committee as recommended by the Executive Director and are contingent on the availability of funds and will be based on the Consumer Price Index for the Oklahoma City Area. The Executive Committee determines the effective date for all 13

cost‐of‐living increases. All regular employees are eligible for cost‐of‐living adjustments upon approval of the Executive Director. e. Bonuses: Employee Bonuses should be factored into the employee or department’s budget for the following year and are provided only under the authorization of the employee’s supervisor and approval of the Executive Director. Bonuses are based on available funding, federal grant guidelines, and performance. No bonuses shall be paid which violate federal guidelines.

6. Federal Minimum Wage. No employee shall be compensated at a rate less than the Federal minimum wage, except those trainees, Workforce Investment Act (WIA) participants, and students specifically designated to receive stipend rates established by the United States Department of Labor, or participants in special short‐term youth or training programs which may be less than Federal minimum wage.

2.2

Regular Pay Procedures

SPTHB employees are paid every two weeks, 26 times annually on alternate Fridays.

2.3

Time Sheets and Leave Reports

Time sheets and leave reports are completed by employees, both exempt and non‐exempt. Time sheets shall document actual hours worked and leave hours used, if any, and shall indicate the cost code associated with all hours as needed. Each employee’s direct supervisor is responsible for approving his or her employee’s timesheet. In the event a supervisor is unavailable to approve the employee’s timesheet, an alternate may be appointed by the supervisor or Executive Director. All time sheets and approvals must be completed no later than 10:00 a.m. on the Monday prior to payroll processing.

Each employee is required to complete his or her own time sheets. Filling out another employee’s time record or falsifying any time records are serious offenses and constitute grounds for disciplinary action, including termination.

2.4

Payroll Deductions

The following mandatory deductions will be made from every direct hire employee’s gross wage: federal income tax, FICA/Medicare tax, FUTA/SUTA tax, and applicable city and state taxes.

Every employee must fill out and sign a federal withholding allowance certificate, IRS Form W‐ 4, on or before his or her date of employment. This form must be completed in accordance with federal regulations. The employee may fill out a new W‐4 at any time when his or her circumstances change.

Employees who paid no federal income tax for the preceding year and who expect to pay no income tax for the current year may fill out an Exemption Form Withholding Certificate, IRS Form W‐4E. Employees 14

are expected to comply with the instructions on Form W‐4. Questions regarding the propriety of claimed deductions may be referred to the IRS in certain circumstances.

Every employee will receive an annual Wage and Tax Statement, IRS Form W‐2, for the preceding year on or before January 31. Any employee who believes that his or her deductions are incorrect for any pay period, or on Form W‐2, should check with their supervisor immediately.

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SECTION 3: Employee Benefits 3.1

PTO: Paid Time Off

The SPTHB recognizes the importance of paid time off in providing employees the opportunity for rest, recreation, and personal activities. Therefore, the SPTHB provides Paid Time Off or PTO for regular full‐ time and part‐time employees and encourages employees to take leave in the year earned.

1. The established vacation year is the calendar year, January 1 through December 31 of each year.

PTO leave is accrued or earned based on the employee’s length of service. To maintain a required number of employees on the job, all PTO leave must be approved in advance. PTO leave will be approved in such a way to ensure work demands can be met.

2. PTO leave will accumulate from the date of employment for eligible employees on the following basis: 0 to 3 years of service earn = eight (8) hours per pay period 3 to 6 years of service earn = ten (10) hours per pay period 7 + years of service earn = twelve (12) hours per pay period 3. Part‐time employees accrue prorated PTO leave based on the number of hours worked.

4. A new employee earns PTO leave beginning with the pay period in which he or she is hired. PTO leave may not be taken during the initial review period or be used prior to accrual.

5. Employees are expected to take PTO leave in the fiscal year in which it is earned. Up to two hundred and forty (240) hours of PTO leave may be carried over to the following fiscal year. Up to 80 hours of unused, accrued PTO may be paid at the end of each calendar based on available funding. PTO not carried forward or paid out will be eliminated.

6. The last accrual day for PTO leave in all separations of employment is the actual separation date.

The cash value of any unused PTO leave under 240 hours as of the separation date will be included in the employee’s final pay minus any outstand balances for unreturned property and provided the employee is not involuntarily terminated.

7. If a paid holiday falls within an employee’s PTO leave period, the holiday will be counted as a holiday, not as PTO leave.

8. Employees must give at least two weeks’ notice of any PTO leave requests that are five business days or more in duration. Employees must give at least one week’s notice of any PTO leave requests between two and four business days in duration. Employees are expected to make every effort to give as much advance notice as possible when requesting PTO leave less than two business days in duration. Requests for specific days will be granted by the supervisor based on work requirements of the organization.

Emergency PTO Cash Out Option: Employees needing to cash out accrued PTO may do so with their supervisor and the Executive Director’s approval based on available funding. Requests may be granted, 16

at the discretion of the supervisor and Executive Director, after it has been determined that the cash‐out of PTO will not negatively affect the organization and the need qualifies as an emergency.

This option is provided by the SPTHB to assist employees experiencing a financial emergency in an effort to minimize adverse effects to the employee.

Please note: 1.

2.

3.

4.

5.

6.

7.

3.2

PTO cash‐outs may be used for emergencies only At minimum, 40 hours of PTO must remain after the PTO cash out No more than 80 hours of PTO may be cashed out at one time No more than 2 PTO cash‐outs are allowed annually, regardless of circumstances.

Requests may be made using the official PTO Cash Out Request Form.

Abuse of the PTO leave allowance system may result in disciplinary action up to and including termination.

PTO hours paid will not be considered when computing applicable overtime pay, according to FLSA regulations.

Holidays

The SPTHB observes designated holidays each year. Eligible employees are given a day off worth pay for each holiday observed.

1.

2.

3.

Eleven (11) holidays and two (2) additional days are observed by the SPTHB. Full‐ time employees receive regular pay for these holidays; part‐time employees receive pay on a prorated basis, according to their average hours worked.

Holiday hours paid will not be considered when computing applicable overtime pay, according to FLSA regulations.

The following holidays are observed by the SPTHB: a. New Year’s Day b. Day after New Year’s Day (if falls on weekday) c. Martin Luther King, Jr. Birthday d. President’s Day e. Memorial Day f. Juneteenth g. Independence Day h. Labor Day i. Indigenous People’s Day (formerly Columbus Day) j. Veterans Day k. Thanksgiving Day l. Day after Thanksgiving m. Christmas Day n. Day after Christmas Day (if falls on weekday)

*Other leave may be granted at the discretion of the SPTHB Executive Director.

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a. When a holiday falls on Saturday, it will be observed on the preceding Friday. b. When a holiday falls on a Sunday, it will be observed on the following Monday. c. Temporary employees are not eligible for holiday pay.

3.3

Benefits

The SPTHB recognizes the importance of benefits to its employees, and the SPTHB will provide approved benefits to full‐time regular employees upon successful completion of the initial review period, unless such period is waived in accordance with policy. Employees will be notified as benefits programs are established or changed. Benefits for IPA/MOA employees shall be provided per terms of the IPA/MOA agreement.

1. Retirement: The SPTHB will provide an employee with a 3% no‐match contribution per pay period to their retirement plan based on employee compensation. SPTHB will match up to 5% above the 3% contribution for a total of 8% total.

2. Health Insurance: The SPTHB shall pay the full cost of single medical coverage for eligible employees. Additionally, the SPTHB may partially cover a percentage of the cost of coverage for spouse/dependents for employee health insurance subject to the availability of funds. The coverage amount, if any, will be announced annually during open enrollment.

3. Cell phone allowance: The SPTHB may allow employees to use their personal cell phone for work‐related business. Compensation will be provided to the employee on a sliding scale basis upon Executive Director’s or TEC Director approval.

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SECTION 4: Absences from Work 4.1

Attendance and Punctuality

The SPTHB expects each employee to be responsible for his or her attendance record. Good attendance and punctuality are required.

1. Recognizing that illnesses and injuries may occur, the SPTHB has established the PTO leave to compensate regular full‐time and part‐time employees for certain time lost for legitimate medical reasons.

2. Employees are expected to give advance notice to their immediate supervisor when they will be absent or late during a regular workday for medical reasons.

3. When an unexpected absence or late arrival arises because of illness or an emergency, the employee must notify his or her immediate supervisor within the first hour of the day for which they will be absent. The supervisor will decide the status of the employee’s absence 4. Failure to notify the supervisor after being absent for three consecutive working days will be considered an automatic resignation.

5. After feedback about the problem, an employee may be disciplined for excessive absences or tardiness, even though the employee submitted proper notices of the absences. Discipline for excessive absences or tardiness may include termination.

6. Tardiness occurs when an employee fails to report to work at the scheduled time. Each incidence of tardiness must be recorded on the employee’s time sheet.

4.2

Cultural Leave

The SPTHB recognizes employees’ rights to worship in any manner they choose. Furthermore, the SPTHB encourages participation in cultural/religious events in an effort to preserve each employee’s culture and heritage for future generations.

Therefore, the SPTHB allows employees to use Cultural Leave when their presence is requested or required for cultural or religious events and activities. Use of Cultural Leave is allowable for ceremonies, feasts, traditional activities of a sacred or ceremonial nature, or religious observances occurring during regular business hours. Thirty‐two (32) Cultural Leave hours shall be provided annually, and prior approval must be obtained by the employee’s supervisor before use.

Cultural Leave cannot be used to go to pow‐wows or other social events/activities.

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4.3

Bereavement Leave

Bereavement leave is provided for employees dealing with grief connected with a death in the family.

Regular full‐time and part‐time employees will be compensated for time lost from their regular work schedule when a family death occurs.

1. Paid leave will be provided in accordance with the following guideline: a. Family in this context includes spouse, parent, children, sibling, in‐laws, grandparents, or any other member of the employee’s family. b. Up to three (3) business days paid leave of absence may be granted.

2. Requests for bereavement leave should be made to the supervisor.

3. The Executive Director may grant up to five (5) additional business days leave in the case of special family relationships or extenuation circumstances, but in all such instances, any additional days granted shall be considered leave without pay.

4.4

Military Leave

Leave of absence without pay for military or reserve duty are granted to full‐time regular and part‐time regular employees in accordance with applicable federal and state laws. PTO leave will not accrue to the employee while on such leave of absence.

1. If an employee is called to active military duty or to Reserve or National Guard training, or if an employee volunteers for the same, copies of the military orders should be submitted to the supervisor.

2. Eligibility for reinstatement after the military duty or training is completed is determined in accordance with applicable federal and state laws.

3. SPTHB Employees enrolled in military service shall accrue Mi8litary Leave to be used during deployment of mandatory training. Military Leave shall accrue at a rate of Two (2) hours per pay period, and shall be used completely, prior to utilizing Paid Time Off. This allowance is given in appreciation for the employee’s service to their country.

4.5

Maternity and Paternity Leave

New mothers are provided 6 weeks paid maternity leave after the birth of a child and new fathers are allowed 4 weeks paid paternity leave after the birth of a child. Leave must be used within three months after the birth of the child.

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4.6

Family and Medical Leave

Eligible employees shall be grant up to twelve (12) weeks of unpaid leave for certain family and medical reasons under the provisions of the Family Medical Leave Act. Exceptions to this provision may apply if certain business circumstances have changed (e.g., if the employee’s position is no longer available due to a job elimination). Exceptions may also apply for certain highly compensated or designated key employees under certain conditions.

1. Employees are eligible if they meet both of the following: a. The employee must have completed one (1) year of service; and b. The employee must have worked at least 1,250 hours over the previous calendar year.

2. Unpaid Family and Medical Leave shall be granted for any of the following reasons: a. To care for the employee’s child after birth, or placement for adoption or foster care. b. To care for the employee’s spouse, son or daughter, or parent who has a serious health condition. c. For a serious health condition that makes the employee unable to perform the employee’s job. d. At the option of the employee, an applicable type of paid leave may be substituted for unpaid leave up to the applicable accrued leave balance. Additional PTO leave will not accrue to the employee while on family or medical leave.

3. The employee shall be required to provide a written request for Family and Medical leave at least thirty (30) days in advance when the leave is foreseeable. Medical certification to support the request for leave due to a serious health condition must be provided. SPTHB may require (at SPTHB expense) a second opinion of the medical certification.

4. A doctor’s statement or other documentation to verify an employee’s ability to return to work shall be required for any employee who has taken three (3) or more consecutive days of Family and Medical Leave for any personal serious health condition which has prevented the employee from performing his or her job.

5. For the duration of the Family and Medical Leave, SPTHB shall continue to provide the employee’s benefits allowance. If an employee health insurance plan has replaced the employee benefits allowance, then SPTHB shall maintain the employee’s health insurance coverage.

However, the employee must still pay for any premiums for which he or she is liable under the plans.

6. Upon return from Family and Medical Leave, the employee shall be restored to their original or to an equivalent pay and benefits.

7. Use of Family and Medical Leave shall not result in the loss of any benefit available prior to the start of the employee’s leave.

8. The accrual of PTO and sick leave shall be suspended during the use of Family and Medical Leave.

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4.7

Jury and Witness Duty

The SPTHB continues to pay the salaries of regular full‐time and part‐time employees who are summoned to jury duty during the active period of jury duty.

1. To qualify for jury duty or witness duty leave, employees must submit to their supervisors a copy of the summons to serve as soon as it is received. In addition, proof of service must be submitted to the supervisor when the period of jury duty is completed.

2. All employees are allowed unpaid time off if summoned to appear in court as a witness.

3. An employee serving less than three (3) hours per day on jury duty is required to report to work for the remainder of the normal work period.

4.8

Meal and Rest Periods

Meal and rest periods are provided during the course of each workday. Rest and meal breaks are intended to give employees an opportunity to renew their attention and energy so they can remain productive and efficient in performing assigned tasks.

1. Each employee is allowed up to one hour as an unpaid lunch period, as close to the middle of the day as possible. All employees are encouraged to take a lunch period. Unused lunch periods do not accumulate and may not be used as cause to modify the employee’s regular work schedule.

2. Employees are entitled to a fifteen (15) minute break for every four hours worked. Break periods should be taken as near the mid‐point in the morning and the afternoon as possible.

Breaks are paid time and, therefore, cannot be accumulated if they are missed.

3. Employees who choose to work through the lunch period or breaks are not entitled to leave before the normal quitting time and will not receive extra pay for the time worked.

4.9

Inclement Weather

In the interest of employee safety, the Executive Director may excuse an employee from work duty for the workday, or portion thereof, with pay in emergency situations. The SPTHB Chair or designee may excuse Executive Director. Examples of emergencies would be extreme weather conditions, disasters such as fire, flooding or other natural phenomena that prevent an employee from working or reporting to work.

1. During inclement weather, employees are expected to contact their supervisor prior to the next scheduled work period to determine if the office is to be closed.

2. If the office is officially closed, employees are not expected to report to work. Employees will be paid for any working day that the office is closed due to such circumstances.

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3. If the office is open, all employees are expected to make every effort to come to work. If they are unable to report to work, they should call their supervisor and describe their situation. In these instances, the employee will have the option of using PTO leave or arranging an appropriate time adjustment for irregular work hours, if feasible, or taking the day as a PTO leave day.

4. In instances where all employees are sent home early, they will be paid for the entire day’s work as scheduled.

5. If an employee is granted permission to leave earlier than an official closing, the time will be charged as PTO or unpaid leave.

4.10 Wellness Leave The Southern Plains Tribal Health Board Workplace Wellness Policy provides the foundation to develop activities and modify work environments and policies to support the health and well‐ being of health board / tribal epi center staff. In addition to the benefits for employees, positive benefits are likely to accrue for families of employees, resulting in better health for families and the community.

In addition to this policy, studies have shown that having a wellness program can reduce their BMI, cholesterol levels and risk of related diseases such as diabetes, heart disease and even cancer. They can stop smoking, reduce stress, and discover health issues earlier through provided screenings. All these factors will lead to employees with improved overall health, which means fewer sick days and increased productivity.

1. Purpose: At least 50% of health‐care expenditures are lifestyle‐related and preventable. The SPTHB ‐ TEC employee’s physical activity policy provides staff to be involved in physical activity at the workplace or off site at a designated location.

2. Scope: Full time employees with benefits are authorized to participate.

3. Release Time: Full time employees may be granted up to one (1) hour a day for a maximum of three (3) days per week to participate in approved health and wellness activities. Exercise time is not cumulative. Time not used during the work week cannot be carried over into another day or week.

4. Approval: Employees who wish to participate in this policy must gain approval from their immediate supervisor and are subject to the rules and regulations of an approved fitness center.

Or they may walk or run on their own in a safe location made known to the supervisor. If an employee chooses to exercise outside of a designated fitness facility, he/she must clear it with their immediate supervisor.

5. Revocation: Authorization to participate in this program may be revoked for individual employees if the provisions of this program are violated or abused. Authorization to participate in this program will be revoked if it interferes with an employee’s ability to accomplish work deadlines and assignments in a timely and accurate manner.

6. Assumed Risk: Employee’s assume all risks associated with participating in a wellness activity.

Injuries incurred as a result of this wellness policy will not be considered a work‐related injury for purposes of worker’s compensation benefits.

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7. Education and Wellness Leave will not be granted simultaneously.

4.11 Education Leave Employees may request and obtain approval from their supervisors to adopt a temporary Education Leave Schedule. Up to four paid hours per week during regular business hours may be taken off to attend online or in‐person classes at an accredited college or university.

Supervisor approval must be secured prior to adopting an Education Leave Schedule. The Education Leave Schedule form should be filled out indicating the hours of absence during the week and the duration of the Education Leave Schedule. Requests for approval should include a copy of the employee’s class schedule.

The approved Education Leave Schedule shall be provided to the Human Resources Manager for the employee’s Personnel File. Education and Wellness Leave will not be granted simultaneously.

Abuse of the Education Leave allowance will result in discontinuation of the Education Leave Schedule and possible disciplinary action.

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SECTION 5: Employee Expenses 5.1

Employee‐Incurred Expenses and Reimbursement

The SPTHB will pay all actual and reasonable business‐related expenses incurred by employees in the performance of their job responsibilities. All employees must obtain two‐ week prior approval for travel or training before incurring any expenses. The employee’s director must approve all such expenses incurred by an employee before the payment will be made.

Expense reports are to be submitted and supported by appropriate receipts. Expense reports are due no later than five business days from the end date of travel. Employees traveling on official business of the SPTHB will use the Federal Travel Regulations for per diem rates. Other travel expenses will utilize the most economical rates available.

5.2

Mileage Reimbursement

Mileage in personally owned vehicle will be reimbursed at the current Federal Travel Regulations rate.

The SPTHB will not reimburse employees for commuting expenses between home and their normal work site. In addition to the standard mileage allowance, necessary and reasonable charges for tolls and parking will be allowed. An employee operating a personally owned vehicle on a reimbursement basis must provide a copy of liability insurance verification and a valid state driver’s license. Expenses for auto insurance, parking tickets and traffic violations will not be reimbursed.

Requests for mileage reimbursement of business‐related travel will be submitted to the employee’s director for approval on a standard SPTHB monthly expense report.

Reimbursement requests will include the following: 1.

2.

3.

4.

5.

6.

5.3

Date of travel.

Beginning and ending odometer readings for each trip or verified map mileage.

Travel destination.

Number of miles traveled on SPTHB business; and The reason for SPTHB travel.

The expense report must be signed and dated by the employee and initialed by his or her supervisor and director.

Business Entertainment

The entertainment of customers and prospective customers is used by the SPTHB as a means of promoting business. Employees will be reimbursed for expenses incurred for approved business entertainment. Guidelines are established to control the amount of expenditures.

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1. The Executive Director is largely responsible for the establishment of business contacts and deciding who is authorized to entertain on behalf of the SPTHB. 2. Employees are reimbursed for properly authorized meal and entertainment expenses when the expenses are directly related to or associated with SPTHB business and approved prior to the time they are incurred.

3. The Executive Director or SPTHB Chair must approve requests for reimbursement of entertainment expenses. Each voucher should contain a detailed itemization of expenses incurred and a statement of the date, place, and business reason for the entertainment, as well as the names of those present and their business relationship to the SPTHB. Meal and entertainment reimbursement claims must be accounted for separately from other expense reimbursement claims accompanied by receipts.

5.4

Interview and Relocation Reimbursement

The SPTHB may pay interview or relocation expenses of potential or new staff members in exempt positions.

1. Approval by the SPTHB governing board is required prior to making interview or relocation or moving commitments to a potential or new employee.

2. Interview expenses include actual travel, hotel, and meal expenses. Travel expenses are not to exceed the cost of air coach transportation or mileage up to the cost of the same. Meals will be reimbursed in accordance with meal reimbursement policy.

3. Moving expenses include actual and necessary expenses, which will be reimbursed at a rate not to exceed the lesser of $5,000 or 50% of the cost incurred for packing, insurance, transportation, storage, and transit (not to exceed 30 calendar days) and unpacking and installation of employee’s household effects at the new location, when properly supported by invoices and receipts.

Should an employee voluntarily separate his or her employment with the SPTHB within one year of relocation, the employee will refund to the SPTHB a pro‐rated share of the total relocation expenses paid based on the number of days that the employee worked after relocation.

An agreement to this effect shall be signed by the employee and attached to the SPTHB reimbursement statement before final approval. The agreement will also authorize the SPTHB to deduct the pro‐rated share of relocation expenses from the employee’s final paycheck.

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SECTION 6. Behavior in the Work Setting 6.1

Public Relations

Because persons outside the organization form their opinions of the SPTHB based on the attitudes and actions of employees, employees are expected to deal with the tribes and the public in a helpful, respectful, and business‐like manner.

1. Employees are expected to listen carefully to the tribes’ inquiries and complaints, and deal with them in a responsive, caring manner. Employees are expected to build and maintain tribal goodwill.

2. Employees are to exercise courtesy and thoughtfulness in using the telephone. A positive telephone contact with anyone who calls the SPTHB builds goodwill while a negative experience can destroy a valuable relationship.

3. Calls from the media should be referred to the Executive Director; the Executive Director should contact the Board Chair or designee upon receipt of any such call. The Executive Director approves formal public programs on behalf of the SPTHB. 4. SPTHB press releases must be approved by Board Chair.

6.2

Alcohol/Drug Free Workplace

The SPTHB is committed to providing an employment environment that is safe and provides appropriate motivation to ensure a creative and productive work force. To this end, the SPTHB unequivocally endorses the philosophy that the workplace should be free from the detrimental effects of illicit drugs and alcohol. To ensure worker safety and workplace integrity, the illegal manufacture, possession, distribution, or use of controlled substances or alcohol in the workplace by its employees or those who engage or seek to engage in business with the company is prohibited.

Each employee and new hire will receive a drug/alcohol abuse awareness form to be signed and dated by the employee and which shall indicate that the employee: 1. Understands and agrees to abide by the drug/alcohol‐free workplace policy.

2. Has knowledge that disciplinary actions, including termination, will be imposed for violation of this policy; and 3. Consents to undergo a blood test or urine analysis to determine the presence of alcohol or drugs in the system. Any such testing will be on SPTHB time and expense and is mandatory. All test results will remain confidential between the SPTHB and the tested employees except as may otherwise be permitted or required by law. Circumstances that would make such tests appropriate include but are not limited to the exhibition of behavior normally associated with persons under the influence of drugs or alcohol, or involvement in an on‐the‐job accident or other work‐related accident.

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4. Medical Marijuana: No employee in possession of a medical marijuana prescription shall be discriminated against for legally possessing a prescription and/or medical marijuana. However, employees shall abstain from ingesting medical marijuana during business hours and shall not report to work under the influence of medical marijuana to ensure the safety of themselves and their co‐workers.

6.3

Non‐Smoking Environment

With the current evidence that smoking is dangerous and injurious to a person’s health, employees are encouraged not to use tobacco products. Therefore, the use of tobacco or tobacco‐ related products, including the use of ENDS (Electronic Nicotine Delivery Systems or “E‐ cigarettes”) is not permitted anywhere in the SPTHB facility. Further, the SPTHB recognizes the use of traditional or sacred tobacco use and will make allowances at the Executive Director or Tribal Epi Center Director’s discretion. For use of tobacco outside of the facility, please check with your supervisor for designated smoking areas.

6.4

Dress Requirement

The SPTHB is a professional organization, and all employees are expected to always maintain a professional appearance during work hours. To this effect, a minimum standard of dress for a professional office setting is expected of all SPTHB employees.

Employee dress requirements shall be enforced by all supervisors and directors, and employees deemed to be in violation shall be sent home to conform, utilizing accrued PTO leave or leave without pay at the supervisor’s discretion. Fridays may be a casual day at the discretion of the Executive Director and/or TEC Director.

The same requirement shall apply to any civil service employee working for the SPTHB under an IPA. Commissioned Corps personnel shall be governed by dress requirements as specified in the relevant MOA

6.5

Harassment

Verbal or physical conduct by any employee that harasses, disrupts, or interferes with another employee’s work performance or which created an intimidating, offensive or hostile environment will not be tolerated.

1. Each supervisor has a responsibility to maintain the workplace free of any form of harassment.

2. Any employee who believes that the actions or words of a supervisor or fellow employee constitutes harassment, sexual or otherwise, has a responsibility to report, verbally or in writing, as soon as possible to the Human Resources Manager or his/her supervisor.

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3. No supervisor is to threaten or insinuate, either explicitly or implicitly, that an employee’s refusal to submit to sexual advances will adversely affect the employee’s employment, evaluation, wages, advancement, assigned duties, or career development. In addition, no supervisor is to favor in any way any applicant or employee because that person has shown willingness to perform sexual favors for the supervisor.

4. Other sexually harassing conduct in the workplace is prohibited. Such conduct included, but it not limited to: a. Sexual flirtations, touching, advances or propositions. b. Verbal abuse of a sexual nature. c. Graphic or suggestive comments about an individual’s dress or body. d. Sexually degrading words to describe an individual; or e. The display in the workplace of sexually suggestive objects or pictures.

5. All complaints of any type of harassment will be investigated promptly, in as impartial and confidential manner as possible. If an employee is not satisfied with the handling of a complaint or the action taken by the supervisor, the employee should bring the complaint to the attention of the SPTHB Executive Committee. In all cases, the employee making a complaint is to be informed about the findings and conclusions reached regarding the complaint.

6. Any employee who is found, after appropriate investigation, to have engaged in harassment of another employee will be subject to appropriate disciplinary action up to and including termination.

7. Sexual Harassment Training will be provided as part of the new employee orientation and then afterward on an annual basis for all employees, interns, and fellows.

8. Employees affected by domestic abuse are encouraged to communicate with Human Resources to obtain resources for victims of domestic abuse.

6.6

Conflict of Interest

The SPTHB expects employees and volunteers to scrupulously avoid any conflict, direct or indirect, between their own respective individual, professional or business interests and the interests of the SPTHB or its member tribes.

1. A conflict of interest exists if an employee or volunteer: a. Seeks or obtains for benefit or advantage, except in conformity with SPTHB policy, anything of more than nominal value that would not normally be available to the employee or volunteer. b. Uses or makes available for benefit or advantage, except in conformity with SPTHB policy, the property, records, services, name, emblem, or endorsement of the SPTHB affiliation of the employee or volunteer. c. Publicly uses the employee’s or volunteer’s affiliation or that of any other SPTHB volunteer or employee in connection with personal association with partisan politics, denominationally religious matters or positions on issues that are not in conformity with SPTHB policy.

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d. Accepts gifts from vendors or clients in exchange for, be it explicitly or implicitly, favorable treatment or financial gain.

2. While individual employees are encouraged to be politically involved as responsible citizens, the SPTHB takes a non‐partisan role relating to political issues and unequivocally forbids the use of its funds for the support of political parties or candidates. No employee is authorized to make or approve such a contribution on behalf of the organization. Participation in political activities is a personal matter and, as such, is generally to be carried on outside of normal working hours. No political activities or solicitations will be carried on within SPTHB premises.

3. As employees and volunteers have questions about potential conflict of interest, they are responsible for taking the initiative to explore the potential conflict to the point of clarity.

6.7

Confidentiality

The SPTHB is committed to maintaining confidentiality in dealing with clients, employees, and proprietary information.

1. All information pertaining to the SPTHB member tribes shall be proprietary and remain confidential.

2. Information pertaining to affiliate organizations or contractors, including the clients of such affiliates that is acquired through the normal course of a business relationship shall be held in confidence.

3. Information concerning SPTHB employees is considered personal and confidential, and is not to be disclosed to outside parties, except by legal attachment, in response to subpoena or written consent of the employee. All requests for personal information of SPTHB employees should be referred to the Executive Director.

Proprietary information is handled with care including, but not limited to, budget data, confidential correspondence, computer data, personnel records and actions, client records and mailing lists.

Questions concerning whether certain information is proprietary should be referred to the employee’s supervisor or the Executive Director.

6.8

Internet Usage

This policy is designed to define expectations for what is acceptable and what is not when it comes to using these resources wisely.

Examples of appropriate usage include the following: 1. Communicating with fellow employees, customers, prospects, and suppliers.

2. Researching topics that are relevant to specific job requirements.

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3. Conducting other business activities such as working with the staff who manages the organizational web site and social media (e.g., posting job opportunities, describing organizational resources, etc.).

Special care is to be taken in disseminating SPTHB confidential information over the Internet. When employees are in doubt about dissemination of information, they should contact the Executive Director or authorized representative of the SPTHB, for written approval to release the information. Security and confidentiality need to be of high concern for all SPTHB employees.

All software downloaded from the Internet becomes the property of SPTHB. All files that are downloaded must first be scanned for possible infection. Any employee who knowingly tries to propagate the internet or internal resources with infected viruses or Trojan horses will be subject to termination.

The SPTHB has installed a variety of systems to thwart intrusion by outside hackers. It is extremely important that these systems integrity be maintained. Any user who tries to override these security measures will be subject to dismissal.

All communication and internet visits made during business hours are considered public information.

Employees of SPTHB are not allowed to visit sites that are considered obscene. The SPTHB has the right to view all private files that have been downloaded and to monitor internet and e‐mail communications.

Access to the internet enables users to download a wide variety of software products for a fee as shareware or for free. SPTHB employees are required to fulfill all license and copyright obligations of software that is downloaded. These software downloads become the property of the SPTHB. Any employee who knowingly violates this software piracy rule is subject to termination.

It is a violation of SPTHB policy to store, view or print graphic files that are not directly related to an employee’s job or business activity of the SPTHB. Examples of these misuses may include, but are not limited to downloading games, jokes, audio files, animations, or movie segments.

All SPTHB employees are expected to honestly disclose who they are when they send e‐mail, register accounts or when conducting other internet transactions.

6.9

Testimonials, Endorsements and Articles

Employees may not give any person or company a testimonial or endorsement from the SPTHB in which the SPTHB recommends a particular product or service. Additionally, employees may not submit an article for publication without prior approval.

1. Employees may not give any person or company a testimonial letter for commercial purposes in which the SPTHB name is used recommending a product or service, unless approved by the SPTHB Executive Committee.

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2. No statement or stories in which the SPTHB name is mentioned should be released to the news media by employees. Any newsworthy story that an individual feels is suitable for publication should be referred to the SPTHB Executive Committee for approval.

3. Employees who write or prepare articles for publication may not represent a position as that of the SPTHB without prior approval from the SPTHB Executive Committee.

6.10 Participation in Professional and Civic Organizations Employees are encouraged to participate in professional and civic organizations that promote professional development and enhance professional networking and are expected to share what they learn with other staff members on a regular basis.

1. The SPTHB may pay for a limited number of memberships in designated professional and civic organizations.

2. Employee participation in the activities of these organizations is generally outside working hours. However, such participation can be considered hours worked if the SPTHB benefits from the activity.

3. Persons responsible for budgets must plan, approve, and budget for employee participation in professional or civic organization meetings, seminars, and conventions. The SPTHB will pay or reimburse employees for registration fees and reasonable expenses to attend such functions when approved.

4. Employees must have advance approval from the Executive Director before seeking or accepting any official position in a professional or civic organization. If approval is granted, the approval will include agreements about limits on work time and other resources in performing office duties.

5. Employees are encouraged to contribute articles, make presentations, and give speeches to professional and civic organizations.

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SECTION 7: Progressive Disciplinary System and Grievance Procedures Employees of the SPTHB are hired based on their qualifications, experience, and professionalism.

Therefore, it is assumed that all SPTHB employees will always conduct themselves with professionalism and not require ongoing discipline actions, verbal reminders, or undue accommodations to ensure consistent performance and production.

The SPTHB adheres to a Progressive Disciplinary System as it pertains to situations requiring reprimand or counseling. However, the SPTHB is an at‐will employer and certain egregious violations of policy may result in immediate termination foregoing the Progressive Disciplinary System. Examples include but are not limited to theft, embezzlement, job abandonment, sexual harassment and physical violence or threats of physical violence.

To protect the rights of employees of the SPTHB, grievance procedures have been developed and included in this Employee Handbook. Any employee who feels his or her rights have been violated by disciplinary action should follow the grievance procedure outlined herein.

All disciplinary actions shall be treated as confidential and shall not be discussed with employees not associated with the action or individuals outside of the SPTHB.

7.1

Progressive Disciplinary System

Step One: Verbal Warning Should an employee’s supervisor determine that an employee’s conduct warrants a verbal warning, the warning shall be classified as a “Verbal Warning” in writing on the Disciplinary Action Form and presented to the Executive Director and TEC Director for review.

After review, the Verbal Warning shall be presented to the employee for review. Discussion regarding the specific event(s) surrounding the warning and a plan to correct the action shall be agreed upon by the employee and the supervisor. The verbal warning shall be signed by the employee acknowledging receipt and the original placed in the employee’s Personnel File.

Should the employee refuse to sign the Disciplinary Action Form, the employee will be required to file a written grievance with the Human Resources Manager.

Step Two: Written Warning Should the conduct warranting discipline continue, a second warning or written warning shall be issued by the employee’s supervisor or member of upper management if need be. The second warning shall result from non‐correction of actions or other actions of a similar nature which warrant discipline.

As with the first warning, the supervisor shall provide the written Disciplinary Action Form to the Executive Director and TEC Director and discuss the written warning with the employee in‐ person. During this meeting, the supervisor shall notify the employee that this is the final warning and if the conduct continues, the employee shall be terminated.

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The employee shall sign the Disciplinary Action Form acknowledging receipt and the original shall be placed in the employee’s Personnel File. Should the employee refuse to sign the Disciplinary Action Form, the employee will be required to file a written grievance with the Human Resources Manager.

Step Three: Termination At this point, the employee has been provided ample opportunity to correct the action. The supervisor shall notify the Executive Director and TEC Director of the intent to terminate employment and follow involuntary termination procedures.

7.2

Grievance Procedure

Employees are encouraged to bring to the attention of management their grievances about work‐ related issues. Employees will be provided an opportunity to present their complaints and appeal management decisions through a formal grievance procedure. All grievances will be resolved promptly.

1. A grievance is defined as an employee’s expressed feeling of dissatisfaction concerning conditions of employment or treatment by management, or other employees. Examples of actions that may be causes of grievances include, but are not limited to: a. Application of SPTHB policies, practices, rules, regulations, and procedures believed to be the detriment of an employee. b. Treatment considered unfair by an employee, such as coercion, reprisal, harassment, or intimidation. c. Alleged discrimination because of race, color, sex, age, religion, national origin, marital status, disability, or any other non‐merit factor; or d. Improper or unfair administration of employee benefits or conditions of employment such as benefits, promotions, retirement, performance reviews, or salary.

2. Employees are encouraged to use this grievance procedure and are not to be penalized for doing so. Supervisors are responsible for processing the grievance until the employee’s right of appeal is exhausted.

3. The following steps outline the grievance procedures: a. The employee brings a work‐related problem in writing to the attention of his or her supervisor. The supervisor is responsible for investigating the grievance, attempting to resolve the grievance, and communicating a decision to the employee within a reasonable time. If the employee’s problem is with the immediate supervisor, the employee is encouraged to talk to the supervisor, but the employee may feel free to talk to or submit their grievance in writing to the Executive Director. b. If the aggrieved employee is not satisfied with the supervisor’s decision, he or she is permitted to appeal to the next level of management. The supervisor documents the employee’s grievance and the decision they made for review by the next level of management. c. If the appeal to the next management level (as applicable to the employee’s position within the organization) fails to satisfy the employee, he or she is permitted to appeal to the Executive Director who will discuss the matter with the employee and the supervisor and will decide concerning the grievance within a reasonable amount of time. The Executive Director’s decision about explanation of the decision will be final

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4.

5.

6.

7.

except in cases involving the termination of an employee, or an alleged violation of employee civil rights, the employee may appeal to the SPTHB in writing. d. The SPTHB will review all previous appeal decisions. The SPTHB may sustain, reverse, or selectively alter the previous decision. The decision of the SPTHB is final except in cases of discrimination and violation of an employee’s civil rights. The employee will be provided, upon request, information including contact persons wherein they may file an appeal directly to the cognizant government funding agency. The complete record of the grievance shall be placed in the permanent record of the employee who brought the grievance.

As used in this policy, the term “reasonable time” for reaching a decision concerning a grievance level at any organizational level is five (5) business days.

Information concerning an employee grievance will be received in confidence.

Time spent by aggrieved employees in grievance discussions with management during their normal working hours will be considered hours worked for pay.

Management decisions on grievances will not be precedent setting nor binding on future grievances unless they are officially stated as SPTHB policy. Whenever possible, the decision will be retroactive to the original date of the employee’s official complaint.

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Section 8: Separation Separations are to be treated in a confidential, professional manner by all concerned. The supervisor and Executive Director shall assure thorough, consistent, and evenhanded separation procedures. This policy and its administration will be implemented in accordance with the SPTHB equal opportunity statement. Separations involving IPA or MOA employees shall follow guidelines set out in the IPA or MOA agreements.

Either the employee or employer can end the employment relationship with the SPTHB at any time and for any reason. The SPTHB subscribes to the policy of employment at will. Continued employment with the SPTHB is at the sole and exclusive option of the SPTHB. Permanent employment or employment for a specific term cannot be guaranteed or promised in the absence of a specific written contract of employment between an employee and the organization.

Employees separating on good terms shall be eligible to receive payment for accrued PTO Leave.

Terminated employees or employees who do not provide two‐weeks’ notice prior to separation shall forfeit all earned PTO Leave payouts unless approval by the Executive Director is granted.

Employment with the SPTHB is normally ended through one of the following actions:

8.1

Resignation – voluntary separation by the employee.

An employee desiring to end employment, regardless of employee classification, is expected to give as much notice as possible. Non‐ exempt employees are expected to give at least two weeks or ten working days. Exempt employees are expected to give at least two (2) week notice. a. The SPTHB retains the right to determine if the employee who resigned will be allowed to work the full notice period. If an employee is released prior to the last day of the notice, salary will be paid until the end of the notice. b. Employees separating voluntarily are entitled to receive all earned PTO upon authorization of the Executive Director. c. Absence in excess of three days without notification shall be deemed “Job Abandonment” and shall forfeit payout of accrued PTO leave.

8.2

Dismissal‐ involuntary separation by SPTHB.

An employee may be dismissed at any time, for any reason, with or without cause, at the sole and absolute discretion of the SPTHB. In the case of dismissal, the SPTHB may, at its sole discretion, give some notice of its intent to dismiss an employee, but the organization is not required to give any such notice. Employees who are terminated by involuntary separation are not entitled to receive payout of accrued PTO leave.

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8.3

Reduction in Force ‐ separation due to workforce reduction/position elimination.

When a reduction in force is necessary, or one or more positions are eliminated, the SPTHB will, at its sole discretion, identify the employees to be laid off. The SPTHB may give two weeks’ notice to the laid off employee, but it reserves the right to substitute two weeks’ severance pay in lieu of notice. Such pay will be based upon a 40‐hour work week at the employee’s straight‐time rate or salary.

1. The supervisor must immediately notify the Executive Director of the separation so that a separation checklist can be initiated.

2. The Executive Director, or designee, will direct and coordinate the separation procedure.

3. All outstanding obligations of the separating employee will be deducted from the final paycheck.

4. On the final day of employment, the SPTHB must receive all keys, ID cards, and SPTHB property from the employee.

5. The SPTHB shall conduct an exit interview with the employee.

6. The employee's final pay will be provided via direct deposit after all deductions and final calculations have been made by the Payroll Specialist and approved by the Finance Director.

This process could take up to 4 weeks after the employee's final date of employment.

7. If all company property is not returned within 4 weeks of last date of employment, the value of outstanding company property will be deducted from the employee's final pay. If the value exceeds the amount of the employee's final pay, the employee will be invoiced and given 30 days to reimburse the organization. If the employee does not reimburse the organization, the Human Resources Manager is required to file a police report with the authorization of the Executive Director.

8.4

Severance Compensation:

Severance compensation is not guaranteed by the SPTHB and shall be provided at the discretion of the Executive Director and based on available funding.

This policy applies to all exempt and nonexempt, full‐time, and part‐time employees. Part‐time employees will receive severance pay on a pro‐rated basis in accordance with their scheduled hours.

Triggering Events In the event of an involuntary termination due to a reduction in force/downsizing, change in company direction, job elimination or termination for performance, SPTHB may provide a severance benefit for the affected employees. This policy does not apply to terminations, refusal to be reassigned or refusal to be relocated.

Payment Amount The rate of severance is based on length of service with the SPTHB. Length of Service

Number of Weeks

Less than one year

2

One year ‐ less than two

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Two years ‐ less than three

4

Three years ‐ less than four

5

Four years ‐ less than five

6

Five years ‐ less than six

7

Six years or more

8

The maximum allowed severance is eight weeks. Severance is calculated on base pay only. Employees may choose to receive it as a salary continuation benefit (continue payments on scheduled paydays) or in a lump sum.

PTO Separating employees who have provided a minimum of two‐weeks’ notice is entitled to receive all earned pay including accrued PTO not to exceed 240 hours unless another amount is authorized by the Executive Director. Job abandonment and/or terminations other than reduction in force shall forfeit payout of accrued PTO unless authorized by the Executive Director.

Commissions Any commissions earned as of the date of the termination will be paid out pursuant to commission contract.

Insurance Benefits Health and dental insurance coverage, if applicable, end on the last day of the month in which the employee receives the severance benefit. Upon termination of coverage, COBRA notification will be forwarded.

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Southern Plains Tribal Health Board™ 9705 N. Broadway Extension, Suite 200, Oklahoma City, OK 73114 405.652.9200 • www.spthb.org

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