Personnel Policy & Procedures
Chapter 3
General Employment Policies
I. General Policy
The General Employment Policy of the Muscogee (Creek) Nation Division of Health Administration (DHA) shall be to set a uniform employment, transfer, and termination process administered according to the Purpose and Policy set forth in §401, General Provisions. Staffing shall be accomplished through full-time, part-time, temporary, and Employment and Training Programs.
II. Employment Classification System
A. Managerial, Salaried, and Hourly Classifications
1. Personnel Services shall initiate the employment process upon completion of the staffing and recruitment process.
2. All personnel shall be selected from the applicant pool or from current employees.
3. Employed personnel of the Muscogee (Creek) Nation DHA (except those on probation) shall be given first preference to fill job vacancies. Consideration shall be based on past job performance and qualification to fulfill the job requirements.
4. The employment process shall be uniform and standard to insure each applicant the same opportunity for employment.
5. An applicant may be employed with a deficiency if a qualified person is not available; however, such employment is conditional upon corrective action being taken to rectify the deficiency in the job specification during the conditional employment period.
6. The recommendation decision for hiring shall be vested with the Department, Facility or Program where the person is to be employed. Approval shall be lodged with the DHA Director.
B. Contract Classification
1. All employment contracts shall be reviewed and approved by the Office of the Director.
2. The employment contract classification shall be known as the Special Employment Program.
3. Special Employment Programs shall be utilized to employ specialists who can provide the DHA with needed expertise in particular fields.
4. All Special Employment/Contract actions are to be processed and approved through the Office of the Director in accordance with any guidelines and procedures as established by the Director.
C. Temporary Employment
1. Situations may arise in which it is necessary to employ an individual on a temporary basis to replace a departed employee or provide coverage for a certain activity or to perform a specific task or function that is short-term and non- recurring in nature. All such actions are to be completed through the Personnel Services Department.
2. In the case of a direct hire of an individual for a temporary assignment, the temporary position must be posted for a minimum of five (5) days. The normal hiring process will be observed.
3. Instances may occur in which it would be more advantageous to the proper operation of the Division to utilize the services of a temporary employment agency or service to secure an employee to fulfill an employment need on a temporary basis. Any such action shall first receive clearance from the Personnel Officer.
4. No temporary employment action shall be used in any way to circumvent the established hiring policy of the Division for full-time regular positions. No temporary employment action shall exceed ninety (90) days in length; however, it may be extended for additional ninety-day increments as needed. Any such extension must have the approval of the Director
D. Elected Classification
E. Employment and Training Programs
1. Employment and Training Programs (i.e., J.T.P.A.) shall be utilized to provide employment training, work experience, and basic employment for qualified personnel. These programs are administered by the Tribal Employment and Training office.
2. The Tribal Employment and Training office shall administer the hiring process for all job programs under its direction.
3. Upon completion of the interview process, the Tribal Employment and Training office shall forward the potential employee to Personnel Services.
4. The DHA Personnel Office shall have final approval over acceptance of any participant in such a program presented by the Tribal Employment and Training Office for placement in a DHA facility.
III. Standards and Attendance
A. Conduct
Expectations of employee conduct include, but are not limited to, the following:
a) Each employee shall be responsible for his/her attendance and the performance of his/her job duties and responsibilities as described in the job description; and such other duties and responsibilities as may be delegated by his/her supervisor.
b) Each employee is encouraged to conduct his/her personal affairs in a manner which does not cause the employer to lose services of the employee.
c) Due to security reasons all mail received or sent by employees must be related to Tribal Business only. No personal mail shall be sent or received by the employee through the DHA.
d) Employment outside normal working hours shall be permissible; however, such shall not be conducted during working hours; nor shall any employer equipment be utilized in conducting that business at any time; nor shall any work be conducted which is in conflict of interest or may give rise to conflict of interest.
e)
Title to any product, copyright, patent, trademark, trade name, license,
system, invention, patent, and the like, developed and/or discovered by any
employee shall become the property of the Creek Nation; however, such
individual or individuals shall be given credit for development or discovery.
However, such individuals’ contribution to such work shall be noted in the
individuals performance evaluation.
A. Standards of Conduct
1. To assure that the Muscogee (Creek) Nation DHA maintains patient centered services through provision of quality health care in a trusting, courteous, and professional environment it is essential that all DHA employees must be persons of integrity and must observe high standards of honesty, impartiality, and ethical behavior. They must not engage in any conduct prejudicial to the Muscogee (Creek) Nation DHA and must avoid conflicts of private interests with public duties and responsibilities. Any action that could or does bring embarrassment, distrust, discredit, reflects poorly on, or damages the creditability of the Division of Health is prohibited and will be grounds for disciplinary action up to and including dismissal. These policies are issued to inform the DHA employees what standards of conduct are expected of them in performing their duties.
2. The policies apply to all employees that are employed by the authority of the Muscogee (Creek) Nation DHA Health Systems Board. They apply whether an employee is on leave, including leave without pay, or on duty inclusive of all DHA regional health systems, all DHA service programs, and all DHA administrative support services without exception. This policy also applies to adjutant service personnel whether by contract or volunteer status.
3. Health Systems employees are responsible for observing all generally accepted rules of conduct and the specific rules of conduct in this policy issuance. Health Systems employees are required to become familiar with these policies and to exercise informed judgments to avoid misconduct or conflicts of interest. Failure to observe any of these policies may be cause for disciplinary action. Some of these provisions are required by law and carry criminal penalties which are in addition to any disciplinary action which could be taken. When employees have doubts about any provision, they should consult their supervisor.
4. Supervisors, because of their day-to-day relationships with employees are responsible for making sure high standards of conduct are maintained. They must become familiar with the DHA Standards of Conduct policies and apply the standards to the work they do and supervise. The final authoritative decision on disciplinary action will be that of the departmental officer. Disciplinary actions taken by management may be appealed by the employee utilizing the grievance policy.
B. Patient Confidentiality.
1. The Muscogee (Creek) Nation DHA is committed to protecting the privacy of its patients. The purpose is to ensure the confidentiality of patient records to the greatest extent possible while permitting the exchange of information necessary to ensure the highest quality of health care and fulfill our administrative and program responsibilities. All employees and adjutant personnel at any DHA Health System are responsible for maintaining the confidentiality of patient’s records.
2. The DHA Director shall budget for and provide sufficient resources to implement the patient record confidentiality program which will include ongoing inservice confidentiality training, critical job element performance standards, and employee disclosure statements acknowledging participation in the confidentiality training program and the implications of confidentiality misconduct.
C. Patient Courtesy.
An employee’s conduct on the job is, in all respects, concern to the Muscogee (Creek) Nation DHA Health Systems. Courtesy, consideration, and promptness in dealing with the public must be shown in carrying out official responsibilities, and action that denies the dignity of individuals or conduct that is disrespectful to others must be avoided. Employees must realize that inattention to matters of common courtesy can adversely affect the quality of service the DHA is responsible for providing. All employees and adjutant personnel at any DHA Health System are responsible for maintaining patient courtesy/sensitivity conduct. The DHA Director shall budget for and provide sufficient resources to implement the patient courtesy/sensitivity program which will include ongoing inservice courtesy/sensitivity training, critical job element performance standards, and employee disclosure statements acknowledging participation in the courtesy/sensitivity training program and the implications of courtesy/sensitivity misconduct.
D. Co-worker Courtesy.
Of equal importance is the requirement that courtesy be shown in day-by-day interaction with co-workers. Employees shall be polite to and considerate of other employees, and shall respect their needs and concerns in the work environment.
E. Support of Division Programs.
Each employee has a positive obligation to make the Division function as efficiently and economically as possible and to support its intent as long as it is a part of recognized policy. All employees shall be familiar with regulations and published instructions that relate to their official duties and responsibilities and shall comply with those directives. This includes carrying out proper orders from officials authorized to give them.
F. Use of Official Information.
All requests for information from outside sources shall be referred to the Chairman, Health Systems Board and/or the DHA Director for the coordination of the response. Employees who have access to official Health Systems information before it has been officially authorized by the Health Systems Board and/or the Muscogee (Creek) Nation DHA are responsible for its custody, and safekeeping, and for assuring that it is not disclosed to unauthorized persons. Employees may not alter or modify the information in any manner without the authority of the Health Systems Board Chairman and/or DHA Director. Health Systems employees shall not make use of or permit others to make use of privileged information to which access is gained in the course of official duties for the purpose of furthering any private interest.
G. Responsibility for Reporting Allegations of Misconduct.
An employee who has information which he or she reasonably believe indicates the existence of an activity constituting a possible violation of the Health Systems Standards of Conduct policy; or mismanagement or abuse of authority; or a substantial or specific danger to the public health and safety, or any misconduct of a criminal or fraudulent nature, shall immediately report such information to his or her supervisor, any management official of the Health Systems or directly to the office of the DHA Director and/or the Chairman of the Health Systems Board.
H. Prohibition of Reprisals.
Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a valid complaint or providing any information pursuant to this policy issuance.
I. Conflicts of Interest
1. Employees shall be prohibited from soliciting or accepting money, benefits, gifts, or gratuities from their clients or persons with whom business is being conducted and who is seeking to influence the employee in the performance of their duties; exceptions shall include but not be limited to those that:
a) Govern obvious family or personal relationships;
b) Permit acceptance of food and refreshments of nominal value;
2. No Officer or employee of the Muscogee (Creek) Nation DHA shall be permitted to enter into business contracts or do business with the Muscogee (Creek) Nation.
J. Political Activity
1. All employees of the DHA and its subordinate offices shall be prohibited from serving on the Muscogee (Creek) Nation National Council or any Board or Agency where a conflict of interest may occur.
2. All employees shall be prohibited from engaging in Muscogee (Creek) Nation political election activities, directly or indirectly, during normal hours of work.
K. Nepotism
1. The Muscogee (Creek) Nation DHA shall have no restrictions on employment, salary, promotion, assignment, working conditions, or other factors based on kinship. However, no employee shall participate in any actions that would directly affect a relative. Examples of prohibited actions include, but are not limited to, actions involving hiring, discharge, disciplinary action, performance evaluation, or job or work assignment.
2. Relative shall mean father, mother, son, daughter, brother, sister, uncle, aunt, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
L. Hours
1. Normal business hours shall be from 8:00 a.m. until 5:00 p.m., Monday through Friday. These hours apply only to standard functions or services being administered and are not applicable to committee, council, or community meetings, classes, or hospital related clinical activities.
2. Establishment of work schedules within a department shall be at the determination of the Supervisor for said department. Flexibility of work schedules shall be allowed, at the discretion of the appropriate supervisor, provided the department is staffed and continuously operational during normal business hours.
3. Special hours, including shift work, shall be communicated to affected employees.
M. Work Station Reporting
Each employee shall be responsible for reporting to their respective work stations at the prescribed hours; and each employee is responsible for remaining at their respective work station for the prescribed hours unless management has directed otherwise.
N. Lunch Hours
All employees are entitled to one (1) hour for lunch. Employees shall take their lunch break between the hours of 11:00 a.m. - 2:00 p.m. Any variation from the prescribed lunch hours must be authorized by a supervisor. Supervisors should stagger the lunch schedules of their employees so that offices are staffed during lunch hours.
O. Work Breaks
1. All employees shall be allowed fifteen (15) minute breaks between the hours of 9:30 - 10:30 a.m. and 2:30 - 3:30 p.m.
2. Taking or not taking a break is a voluntary action on the part of the employee. Therefore, an employee who does not take a break cannot accrue either overtime or annual leave time for the missed break time.
P. Inclement Weather
1. It is the policy of the Division of Health Administration that all DHA facilities shall remain open regardless of any inclement weather that may occur.
2. Employees should use their best discretion in regard to weather and road conditions. Employees who miss work will not be subject to disciplinary action when, in their opinion, their own safety and security may be jeopardized.
3. Employees who miss work due to weather-related reasons shall have the lost time recorded as Annual Leave or Leave Without Pay.
Q. Code of Ethics
1. The mission of the Muscogee (Creek) Nation DHA is to sustain a powerful visionary organization for the purpose of serving tribal citizens, building Creek communities, advancing cultural and social responsibility, and meeting needs within a contemporary context; while maintaining the respect of the Muscogee people. Likewise, the DHA encourages professionalism and improved quality of service at all levels.
2. The DHA promotes understanding and resolution of public issues by providing programs, services, policy studies, conferences, and publications. DHA employees share with the tribal citizenship all of the responsibilities and rights of citizenship in a democratic society. However, the mission and goals of the DHA call every employee to additional dedication and commitment. Certain principles and moral standards must guide the conduct of DHA employees not merely in preventing wrong, but in pursuing right through a timely and energetic execution of responsibilities.
3. To this end, the members of the DHA workforce, recognizing the critical role of conscience in choosing among courses of action and taking into account the moral responsibility of life, must commit to:
a) Demonstrate the highest standards of personal integrity, truthfulness, honesty, and fortitude in all public activities in order to inspire confidence and trust in tribal institutions;
b) Serve the tribal citizens and general public with respect, concern, courtesy, and responsiveness, recognizing that service to the public is beyond service to oneself.
c) Approach tribal administration and operations duties with a positive attitude and constructively support open communication, creativity, dedication and compassion.
d) Serve in such a way that undue personal gain is not realized from the performance of duties;
e) Avoid any interest or activity which is in conflict with the conduct of official duties;
f) Respect and protect any privileged information to which access is gained in the course of official duties;
g) Accept as a personal duty the responsibility to keep up to date on emerging issues and to administer the Division’s business with professional competence, fairness, impartiality, efficiency, and effectiveness;
h) Eliminate all forms of fraud and mismanagement of tribal funds, and support responsible efforts to correct such fraud, mismanagement, or abuse;
i) Support tribal communities, to be good citizens, support good works and charities, and bear a fair share of the tribal workload;
j) Encourage new technology, experiments, new ideas, and calculated risk-taking.
R. Dress Code
1. Dress, grooming, and personal cleanliness contributes to the morale of all employees and affects the business image the Division of Health Administration presents to its clients. Responsibility for enforcement of dress code provisions is the responsibility and discretion of the facility or program manager.
2. Administrative Office Personnel. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their position. Employees who appear for work inappropriately dressed will be sent home and directed to return to work in proper attire. Under such circumstances employees will not be compensated for the time away from work.
3. Physicians - Clinics and Hospital. Physicians will be expected to wear shirts, slacks, lab coats, and ties (optional). Absolutely no scrubs during 8-5 unless in surgery and then only in surgery. After 5:00, physicians on call may wear “bought scrubs” and lab coats. When a physician is in contact with the public 8-5, street shoes should be worn. Athletic shoes or the like are okay with scrubs after 5 o’clock. Nametags should be worn at all times.
4. Nursing. Nurses have the option of wearing white uniforms or non-surgical scrubs in any color of choice. No street clothes should be worn in place of uniform tops. Any type of supportive and protective type of footwear may be worn, preferably leather type, no open type shoe such as sandals. The Director of Nursing, Infection Control Nurse, Discharge Planner or nurse with special duties other than patient care may wear street shoes with lab coat. Nametags should be worn at all times. No excessive make-up, dangling earrings or flashy jewelry should be worn. No excessive perfumes.
5. Dietary. Dietitian may wear street clothes with lab coat. White uniforms should be worn for all dietary employees. Nametags should be worn at all times. Hairnets should be worn for all dietary employees.
6. Maintenance. Any work-type clothing may be worn. Loose clothing should not be worn when working on machinery of any type. Nametags should be worn at all times. Whether or not to require steel-toe boots is at the discretion of the Department head.
7. Laboratory. Bought scrubs with lab coats. Different lab coats should be worn on the floor from that in the lab.
8. Radiology. Bought scrubs with lab coats. Different lab coats should be worn on the floor from that worn in x-ray. All footwear should be supportive and protective with shoe covers.
V. Positional Changes
A. Transfer
All transfer employees shall undergo a 30-calendar day transfer evaluation period.
a) Within 5 days prior to the completion of the transfer evaluation period, a job performance evaluation shall be conducted by the supervisor.
b) All transfer employees who fail to obtain a satisfactory job evaluation shall be placed on transfer notification status for a period not to exceed 60 calendar days and at the earliest possible date returned either to the position they previously held or to another vacant job within the same job classification.
c) An employee on transfer notification status shall be required to report to work each day until placed in another position or placed on lay-off status.
d) If, at the end of their transfer notification period, the employee has not been placed, the employee shall be placed on lay-off and shall have first recall privileges.
e) Employees desiring to apply for a vacant position shall submit a Transfer Request form to Personnel Services. The transfer requests of current employees shall be reviewed and considered for the vacant position before outside applicants.
(1) A hiring supervisor may select a qualified, current, employee for a vacant position without considering outside applications. However, if more than one qualified current employee completes a Transfer Request form, each of the qualified current employees shall be interviewed for the vacant position.
(2) Exception: An intradepartmental transfer of a regular, full-time employee is not subject to the normal hiring process.
(3) In either case, the transfer applicant must meet the job requirements and qualifications to be considered.
f) Any transfer of employment between entities of the Muscogee (Creek) Nation DHA shall be effective no sooner than fourteen (14) days after the transfer is approved. However, in all cases the effective transfer date must occur on the first day of a pay period. (Exception: The fourteen (14) day stipulation may be waived by the employee's current supervisor. However, the first day of a pay period stipulation cannot be waived.)
g) Employees that have not completed their initial ninety (90) day introductory employment period are not eligible for transfer consideration.
B. Promotion
1. An employee may be considered for a promotion at any time; however, the supervisor in making such consideration shall first conduct a performance evaluation of the employee based on the employee’s Job Description.
2. The supervisor shall send an Employee Action Notice indicating the Promotion Request to Personnel Services. Personnel Services shall forward the request to the Office of Director. The DHA Director shall have final approval.
C. Realignment
1. Each employee is subject to Realignment.
2. Realignment may occur in one of two ways:
a) Realignment may occur in conjunction with a modification of the wage and salary structure.
b) Realignment may occur when a job review of a certain position dictates the position be modified.
(a) The job review shall be conducted by Personnel Services but may be requested by an Officer or Program Manager.
3. Personnel who are realigned may be subject to termination or an alteration of their pay rate.
4. Personnel who are subject to displacement due to position realignment shall be notified ten (10) days in advance of the job termination.
5. Any employee whose job is terminated due to realignment shall be placed on lay-off status.
6. An employee who is realigned is not subject to a new probationary period.
VI. Separation
A. Resignation
1. Resignation shall be defined as an action of an employee voluntarily severing his employment status.
2. Each employee shall return all equipment, etc., issued for his/her use and render a final accounting.
3. The final paycheck shall be issued on the normal payday and may be withheld until a final accounting takes place.
4. The procedure for resigning shall be:
a) The employee shall give a signed letter of resignation to their supervisor.
b) The immediate supervisor shall review the resignation letter, then render a final accounting, and only then approve the resignation. The supervisor shall then forward the letter of resignation to Personnel Services.
c) Personnel Services shall conduct an Exit Interview whenever possible.
5. Personnel Services, upon completion of the resignation procedure, shall complete a Personnel Action Notice and distribute as follows:
a) Original - Personnel Services
b) Copy 1 - Payroll
c) Copy 2 - Unit in which resigned employee worked
B. Discharge
1. Each discharge shall be documented as to specific reasons, if any, for the action, including any history of disciplinary actions against the affected employee. There also shall be included a history of corrective action, if any, taken by the employee, and any other pertinent data.
2. Detailed procedures for discharge and other disciplinary actions are given in this section, Chapter VII.
3. Personnel Services, upon receipt of the certified mail return receipt indicating employee notification of the discharge, shall conduct an Exit Interview. If the employee refuses or is unavailable, Personnel Services shall so note.
4. Personnel Services, upon completion of the discharge procedure, shall complete a Personnel Action Notice and distribute as follows:
a) Original - Personnel Services
b) Copy 1 - Unit in which discharged employee worked
c) Copy 2 - Payroll (attached to a Personnel Action Request)
C. Reduction in Force
1. Reduction in Force shall be defined as an action taken when a person is displaced from his/her position due to inadequate funding, reclassification, and other causes, which are of no fault of the employee. Final approval authority for a reduction-in-force shall rest with the DHA Director.
2. An employee who is displaced as a result of a reduction in force may be reassigned to a position at a lower salary grade. An employee who is displaced as a result of a reduction in force also may be placed on lay-off status.
3. All employees are subject to a reduction in force.
4. Management shall attempt to notify all personnel affected by a reduction in force at least ten (10) days in advance; however, where such notification is not possible, management shall notify the affected personnel as quickly as possible.
5. When reductions in force or layoffs affect a large portion of the workforce, the Muscogee (Creek) Nation DHA will comply with the Worker Adjustment and Retraining Notification Act only if and to the extent that it is applicable to the Muscogee (Creek) Nation DHA and to the action being taken by the Division.
D. Furlough
1. Furlough shall be defined as an involuntary and unpaid leave of absence for a short-term, temporary period of time due to inadequate funds or other related causes. A furlough is not to exceed a successive number of days equal to or greater than one full pay period.
2. All employees are subject to furlough. Employees classified as exempt can only be furloughed in increments of one full week (five working days, which must be Monday through Friday). Non-exempt employees may have the scheduled number of hours or days to be worked each week temporarily reduced for a pre-determined period of time.
3. Management shall attempt to notify all personnel to be furloughed ten (10) days in advance; however, where such notification is not possible, management shall notify the affected personnel as quickly as possible.
4. Employees placed on furlough will not be allowed to use paid leave during a furlough period. All time on furlough is unpaid.
5. All employee benefits will remain in place during the furlough period and will not be affected by the furlough. Leave will continue to accrue during a furlough period.
6. Final approval authority for any furlough action rests with the DHA Director.
E. Lay-off
1. Lay-off shall be defined as an action taken when a staffed position is eliminated due to inadequate funding, reorganization, and other causes. Final approval authority for a lay-off action shall rest with the DHA Director.
2. All employees are subject to lay-off from employment.
3. Management shall attempt to notify all personnel affected by lay-off ten (10) days in advance; however, where such notification is not possible, management shall notify the affected personnel as quickly as possible.
4. The procedure for Lay-off shall be:
a) Upon notification that a lay-off shall occur, Personnel Services shall prepare and issue to management for their signatures a notification of lay-off for distribution to the affected personnel citing the reason.
b) Employees in lay-off status shall be eligible for the transfer process and shall receive the same consideration when applying for a transfer as current employees.
c) While in lay-off status an employee's health insurance shall remain in effect for ninety (90) days. However, the employee must still pay the monthly premium for any dependent insurance coverage.
F. Recall
1. When a department determines that positions in lay-off status shall be reactivated, that department shall notify Personnel Services.
2. All employees shall be eligible for recall to the last position held for ninety (90) days from the effective date of lay-off.
3. The procedure for recall is as follows:
a) Upon notification by an affected department(s) that a position shall be reactivated, Personnel Services shall issue a notification of recall by certified mail, return receipt requested to the qualified employee of record who last held the position.
b) Employees notified for recall shall report for work no later than fourteen (14) calendar days after notification; failure to report is a forfeit of their right to the position.
c) Upon failure of a recalled employee to exercise his right, the position in question shall be considered a vacant position and treated accordingly.
VII. Disciplinary Action
A. Standards
1. The Muscogee (Creek) Nation DHA strives to serve its citizens in an efficient and timely manner. To achieve this goal it is necessary to establish standards of conduct, which are understood by and communicated to all employees.
2. The ability of each employee to be aware of the standards necessary for productive governmental functioning is crucial to maintaining an efficient workplace. This in turn enables the Muscogee (Creek) Nation DHA to better serve its citizens.
3. Disciplinary action is sometimes necessary to ensure adherence to the high standard of conduct expected of Muscogee (Creek) Nation DHA employees. The form of the disciplinary action may vary according to several factors including, but not limited to: the seriousness of the action, any prior disciplinary actions in an employee's history, and length of service. Whenever disciplinary action is invoked it is with the understanding that the purpose of disciplinary action is to instruct rather than punish.
4. The acts listed below are not meant to be inclusive but are given as guidelines for personal conduct. Taking part in the listed conduct or other actions detrimental to the functioning of the Muscogee (Creek) Nation DHA shall be grounds for disciplinary action. Such action may include a warning, written reprimand, probation, demotion, suspension, or discharge.