(a) The purpose of this policy is to outline the Samish Indian Nation’s hybrid work arrangement. Samish Indian Nation recognizes that alternative work arrangements such as hybrid arrangements may provide advantages for both the Tribe and its employees, including, but not limited to, increased productivity and performance, enhanced employee recruitment and retention, cost and space reduction, and greater work-life balance. The purpose of this policy is to describe the hybrid work arrangement that may be available to eligible employees in appropriate circumstances.

(b) This policy applies to hybrid work for certain exempt and nonexempt employees that are expected to remain in place. At all times, the primary consideration with respect to considering this hybrid work arrangement will be the business operational needs of Samish Indian Nation’s tribal government and its commitment to providing an exceptional experience to our citizens and clients consistent with Samish’s mission.

(a) This policy addresses hybrid work arrangements. Samish Indian Nation recognizes that remote work can be an effective approach to fulfilling organizational objectives and providing employees with a flexible, productive work environment. Hybrid work arrangements are individually assessed based on the position, duties and job requirements. A hybrid work arrangement is appropriate for some employees and some job positions. Certain categories of positions or departments are ineligible for hybrid work arrangements. No Samish Indian Nation employee is entitled to or guaranteed the opportunity to hybrid work.

(b) A hybrid work arrangement may be made at the time of recruitment (i.e., condition of employment), during the employment period by the assigned department director, or at an employee’s request to transition to a hybrid work arrangement. All employees are expected to follow all professional standards of performance and conduct and follow all policies and procedures while at all work locations. Samish employees are required to be on campus when requested unless prior approval by the department director and the appropriate Chief Executive Team member is given.

(c) Employees who would want a hybrid work arrangement must complete and submit the Hybrid Work Arrangement Request Form. Any employee needing modifications to the approved hybrid work arrangement must complete and submit the Hybrid Work Arrangement Request Form. All request forms will be placed in the employee’s personnel file.

(d) For positions eligible for a hybrid work arrangement, a decision is made on a case-by-case basis, taking into consideration a number of factors. In the event a hybrid work arrangement is approved, Samish expects and requires no reduction in service, quality of work, or productivity due to the implementation of a hybrid work arrangement. A hybrid work arrangement does not alter the employee’s terms and conditions of employment with the Tribe. The Tribe reserves the right to approve or deny a hybrid work arrangement request and to modify or revoke such arrangement at its sole discretion.

(a) Department Directors, the Chief Executive Team members, and the Senior Human Resources Officer will analyze the nature of a position to determine positions appropriate to designate or approve for hybrid work arrangements. Several factors will be considered in determining the feasibility of a particular alternative work arrangement for a particular position, including, but not limited to:

(b) If an employee is in a position Samish Indian Nation has determined is eligible for a hybrid work arrangement in accordance with the request and approval process set forth in this policy, the employees’ supervisor, the department director, the Senior Human Resources Officer, and the appropriate Chief Executive Team member must approve such arrangement. In general, Samish will consider several factors and criteria, including, but not limited to, those set forth below, in determining whether the employee is eligible and will be approved for a requested hybrid work arrangement:

(c) The Chief Executive Team’s decision is the final decision on behalf of the Tribe. The decision is not subject to appeal or grievance under the Samish Tribe’s Personnel Policies.

(a) Employee job duties and responsibilities do not change based on a hybrid work arrangement. Employees working a hybrid work schedule are expected to continue to meet the Samish Indian Nation standards of professionalism. Thus, the employee must be able to maintain performance, productivity, and quality standards. Employees must be fully accessible during their set work hours. Supervisors may require employees working a hybrid work arrangement to report to campus as needed for work-related meetings or other events, office coverage, or as needed to discuss work progress or other work-related issues. Employees are expected to perform their work during core or agreed flexible work hours and should be available through email and phone, just as if they were in the office. Reasonable amounts of time for breaks and meal breaks are permitted. If it is found an employee is not performing work during the core or agreed flexible work hours, the hybrid work arrangement may be terminated, and the employee may be subject to discipline.

(b) Employees working a flexible work schedule must comply with all Samish policies, procedures, and guidelines and all applicable local, state, and federal laws. Failure to comply with Samish policies and procedures may result in disciplinary action, up to and including termination of employment.

(c) All exempt and non-exempt employees must record all hours worked in accordance with the Tribe’s time reporting policies and procedures and the Fair Labor Standards Act. Non-exempt employees must adhere to all required rest and meal breaks, report their work hours accurately and timely, and obtain prior approval before working overtime.

(d) Employees must safeguard all Samish information used or accessed as part of a hybrid work arrangement and must comply with all of Samish’s privacy policies. All Tribe-related work must be performed on a Samish-issued device or approved device. Certain systems may require approval and use of VPN for access. Hybrid work arrangement employees must agree to follow Samish-approved security procedures to ensure confidentiality and security of data.

(e) Employees may not utilize a hybrid work arrangement as a substitute for sick leave, family and medical leave, or any other type of leave. An employee is not permitted to use the hybrid work arrangement to attend to personal business, such as performing outside employment or providing dependent child or adult care during core or agreed flexible work hours. Employees requiring such leave must follow the Samish leave policies and procedures and contact their supervisor and/or Human Resources, if deemed necessary, with respect to such leave requests. A hybrid work arrangement may not be used as a substitute for child or adult care obligations of the employee. If a supervisor is concerned that persons in need of primary care who are present in the alternate work location will interfere with the ability to perform work during the core or agreed flexible work hours, the employee may be asked to demonstrate that another individual will be present to provide the care. Supervisors may request whatever reasonable verification they find acceptable, such as a good faith representation by the employee, a credible representation from the care provider or other confirmation of the care.

(a) For employees who are approved to work a flexible schedule, Samish will provide technology equipment described above that will be inventoried, and an equipment checkout form will be required to be signed by all employees. Samish will also provide docking stations, computer screens, mouse, and keyboard at each designated workstation on campus. Employees will be required to bring to campus their issued laptop for all on-campus work. No laptop or desktop, without prior approval, will be permanent at any on-campus workstation.

(b) Samish will provide hybrid work employees docking stations, computer screens, mouse and keyboard for use at their remote work location. Hybrid work employees are responsible for secure internet access and all other office equipment at their home office or alternate remote location.

(c) Hybrid work employees may use Samish-owned equipment only for legitimate Samish purposes and in accordance with Samish Policies. Hybrid work employees are responsible for protecting Samish-owned equipment from theft, damage, and unauthorized use. Samish will maintain, service and repair Samish-owned equipment used in the normal course of employment. Upon termination of a remote work agreement all Samish-owned property and materials purchased by the Tribe to accommodate remote work must be returned to the Samish Indian Nation. The employee will establish an appropriate work environment within his or her home for work purposes. Samish will not be responsible for costs associated with the setup of the employee’s home office, such as remodeling and furniture, nor for repairs or modifications to the home office space. Samish is not responsible for any cost related to secure internet or internet equipment (i.e., modem or routers) associated with internet access.

(a) Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. Samish assumes no responsibility for injuries occurring in the employee’s alternate work location outside the agreed upon work hours or for injuries that occur during working hours but do not arise out of and in the course of employment. The Tribe also assumes no liability for damages to employee’s real or personal property resulting from participation in a hybrid work arrangement.

(b) Workers’ compensation coverage is limited to designated work areas in employees’ homes or alternate work locations. Employees agree to practice the same safety habits they would use in an on-campus workplace and to maintain safe conditions in their alternate work locations. Employees must follow normal procedures for reporting illness or injury.

Any injury that occurs within the course and scope of employment must be reported according to state and federal reporting requirements.

(a) A supervisor or department director, in consultation with Chief Executive Team, and Senior Human Resources Officer, may modify or terminate the Hybrid Work Agreement at any time for performance concerns, changing operational needs, if the Agreement is no longer in the best interests of the Tribe and its mission, or for any other legitimate, non-discriminatory business reason.

(b) The employee may request to terminate the Hybrid Work Agreement unless it was a condition of employment. The supervisor, with approval from the department director, the appropriate Chief Executive Team member and the Senior Human Resources Officer, will determine whether the hybrid work arrangement may be terminated.

(a) Travel time between an on-campus workplace and alternate work location for hybrid workers is generally not paid unless it is part of the employee’s normally scheduled workday such as field work. Whenever possible, employees are encouraged to use Samish-owned vehicles for any field work. Travel expenses between the alternate work location and the on-campus workplace are not reimbursed.

(a) Employees that have any questions regarding this policy need to contact their direct supervisor or Human Resources Department.

(a) The Chief Executive Team has responsibility for this policy and will obtain necessary approvals and changes to this policy by Tribal Council.