5-02-001 Classifications

Employees of the Samish Indian Nation are classified in the following categories:

(a) Trial Employment Period. All new employees will serve a 180-day trial employment period. The purpose of the trial employment period is to determine the individual’s suitability as a Tribal employee. An employee in a trial employment period may be terminated at any time during the trial period. No reason need be given for such termination.

(b) Benefits. Trial employees accrue sick and annual leave during their trial period. Annual leave may not be used during the trial period; accrued sick leave may be used as needed. All leave will be forfeited if the employee is terminated during the trial period.

(c) Reentry Into Tribal Employment. An employee who has previously worked for the Samish Indian Nation and is rehired shall be treated as a new employee and is subject to a 180-day trial employment period.

(d) Evaluation. At the completion of the employee’s trial period, the employee’s supervisor will evaluate the employee’s performance under the procedures of this policy and will decide if the employee is entitled to regular employee status, merits extended trial period, or recommend discharge. No trial employee shall become a regular employee until he or she successfully completes the trial employment period(s) and been approved as a regular employee by the Senior Human Resources Officer in consultation with the appropriate supervisor and/or department manager. In instances where the Senior Human Resources Officer is a trial employee, the Chief Financial Officer will approve.

(e) Appeal Rights. Trial employees have no right to appeal a decision to terminate the employee or any disciplinary action taken under this policy.

(2) Regular Employee. A regular employee is a part-time or full-time employee who has been retained in his or her appointed position after the completion of his or her trial employment period. Regular employees shall be subject to the disciplinary procedures set forth in this policy.

A regular employee may include employees who are permanent in nature but who are employed on a regularly recurring basis and work less than 12 months each year and more than six months each year. It is not necessary to readvertise to fill such positions after a seasonal layoff. Such employees shall accrue leave and other benefits provided to regular employees only during their period of active employment.

(3) Temporary Employee. An employee, other than a seasonal worker, hired for less than six months on either a full-time or part-time basis, is a temporary employee. Temporary employees are not eligible for annual, holiday, or sick leave. Following consensus with the Chief Executive Team, the appropriate Chief Executive Team member can authorize appointment of a temporary employee whenever a short-term vacancy occurs, or when he or she determines it to be in the best interest of the Tribe. A temporary position may be filled without following the advertising and competition procedures described in this manual. Temporary appointments may not exceed 180 days without Tribal Council’s approval.

(4) On-Call Employees. An employee is considered on-call when he or she does not have a fixed schedule and is utilized for periods when regular staff is unavailable, or during peak hours. On-call staff is not eligible for insurance benefits unless they are regularly scheduled for the minimum number of hours required for eligibility.

(5) Seasonal Employees. A regular employee who works on a full or part-time basis for a specified period of time during the calendar year and agrees to work each year during that period of time is a seasonal employee. Seasonal employees are eligible for annual and sick leave according to Tribal policies, but are not eligible for retirement or health benefits unless they work for six months or longer during each calendar year. Seasonal employees will not accrue annual and sick leave during periods of nonemployment. Retirement and health benefits will be suspended during periods of nonemployment unless the employee pays the premiums.

(6) Exempt Employee. Exempt employees are salaried employees who because of their position, duties, responsibilities, and level of decision-making authority are exempt from wage and hour laws pertaining to overtime.

Exempt employees are expected to work whatever hours are necessary to accomplish the goals and deliverables of their position.

(7) Nonexempt Employee. Nonexempt employees are subject to wage and hour laws including the payment of overtime. Nonexempt employees are normally required to account for hours and fractional hours worked and are paid for all hours and fractional hours worked.

(8) Consultants, Contractors, Subcontractors, and Others. Persons retained by the Tribe for specialized services shall not be considered Tribal employees, and are not eligible for Tribal leave or benefits. Contractors and consultants shall have only those rights identified in the contract document between the contractor or consultant and the Tribe.

(9) Volunteers and Interns. A volunteer or intern is an individual who performs a service for the Tribe, but does not receive compensation from the Tribe. Volunteers and interns are expected to become familiar with all rules, regulations and policies related to the work they will do for the Tribe. Before a volunteer or intern can begin work, he or she must sign a volunteer agreement, which will be maintained by the appropriate department. Volunteers in a covered position under the provisions of the Indian Child Protection and Family Violence Prevention Ordinance must also complete the background investigation prior to start of the volunteer engagement. A copy of that agreement must also be kept in the Finance Office. Volunteers and interns are not considered employees of the Tribe, and are not entitled to Tribal employee benefits. [Res. 2022-10-016 § 1, 2022; Res. 2021-03-009, 2021.]