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(1) The Tribe voluntarily provides Tribal family medical leave with employer and employee responsibilities on the same level as those described in the Federal Family Medical Leave Act (FMLA). The Tribe’s use of the FMLA standards does not constitute consent to the jurisdiction under the provisions of the FMLA.

(a) Tribal family medical leave may be granted for: the birth of a child; placement of a child through adoption or foster care; to care for an immediate family member with a serious health condition; or because the employee is unable to perform his or her job because of a serious health condition.

(b) It is the policy of Tribe to grant up to 12 weeks of Tribal family medical leave during a 12-month period, to eligible employees. The Tribal family medical leave is usually taken after the employee uses up his or her accrued paid leave; however, the employee may opt to ask for family medical leave before or concurrent with paid leave.

(c) In order to qualify for Tribal family medical leave the employee must have earned regular status through the successful completion of the Trial employment period. The 12-month Tribal family medical leave entitlement period shall be based on a rolling 12-month period measured backward from each day leave is taken.

(d) Employees on Tribal family medical leave will have their insurance continued in the same manner as if they were not on leave. Employees who are required to contribute to part of the cost of health insurance must make arrangements with the Human Resources Department for timely payments of premiums. Annual and sick leave will not accrue while an employee is on unpaid Tribal family medical leave.

(e) Reasonable efforts will be made to place employees back into the same jobs they left upon return from approved leave. If the same job is not available, an equivalent position may be found. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee’s family member or a circumstance beyond the employee’s control, the Tribe will require the employee to reimburse the amount paid for the employee’s health insurance premiums during the leave period.

(f) Employees eligible for Tribal family medical leave have an initial choice on whether to first take appropriate annual and sick leave before unpaid Tribal family medical leave is applied, or to use unpaid Tribal family medical leave prior to using annual or sick leave.

(g) Spouses both working for the Tribe and other situations not specifically addressed above should refer to Federal FMLA standards as the Tribal family medical leave standards are intended to be comparable to Federal standards.

(2) The following procedures apply for Tribal family medical leave:

(a) Request Tribal family medical leave from your direct supervisor as soon as you know you will need time off.

(b) Supervisor will request paperwork from Human Resources Department.

(c) Senior Human Resources Officer will mail or forward company’s paperwork to employee or designees.

(d) Employee will complete all paperwork and have doctor paperwork completed.

(e) All paperwork will be returned to Senior Human Resources Officer prior to any time off except in case of an emergency. Paperwork must be completed on company forms; no prescription letters will be accepted.

(f) Senior Human Resources Officer will review paperwork and make decision on whether the employee qualifies for FML. The Senior Human Resources Officer will send a letter to the employee outlining the FML acceptance, dates and employee’s responsibilities and or recertification requirements. [Res. 2022-10-016 § 1, 2022.]