DISCLAIMER

Personnel Policies & Procedures

Chapter 4

Wage & Salary

I. Wage and Salary Administration Policy

A. Purpose

The policies, clarifications and procedures described in this Section have been consolidated to provide management with an information source on salary administration for all wage and salaried personnel. The availability of this information will provide management with an operating tool wherein employees can be rewarded and motivated on a systematic and realistic basis and consequently increase the efficiency of their operations and the overall performance of the tribal government.

B. Application and Statement of Compensation Policy

This policy on wage and salary administration shall apply to all personnel under the control of the Muscogee (Creek) Nation Division of Health Administration. The General Compensation Policy is as follows:

1. To establish wage and salary ranges that reflect the monetary value to the tribal government of individual jobs, as determined by the formal system of continuing position description, job evaluation and review, considering the duties and degree of responsibility of each job.

2. To establish and maintain justifiable and realistic monetary differentials between job levels.

3. To insure that, for comparable jobs, salary and benefits are equal to or better than average wage and salary and benefits offered by other employers providing similar employment.

4. To adjust wage and salary ranges when shifting economic and competitive factors, determined by periodic local and national surveys, warrant.

5. To encourage superior performance by adjusting wage and salary rates of each employee on the basis of his or her individual performance as determined by a systematic program of performance appraisal.

6. To ensure that compensation is not influenced by race, color, religion, sex, age or national origin.

7. To publish the objectives and policy upon which the compensation program is based and to provide information to employees about the wage and salary structure and administration as it affects them individually.

C. Statement of Compensation Objectives

It is the objective of the Muscogee (Creek) Nation DHA to maintain a compensation system that shall:

1. Attract, retain, and reward qualified wage and salaried personnel at all levels of responsibility.

2. Reflect the degree of difficulty and responsibility of respective jobs.

3. Be externally competitive and internally consistent and impartial.

4. Motivate employees to achieve specific and overall tribal goals.

5. Contribute incentives for personal career growth and salary advancement on the basis of demonstrated performance.

6. Foster employee understanding by providing individual employees information on the salary structure and administration as it affects them.

7. Be a flexible and simple tool that shall help rather than hinder management in the overall salary administration of their subordinate units.

8. Comply with applicable law and regulations.

D. Position Classification

1. Personnel Services shall review and assign appropriate grades, titles, and occupational codes for each job position. Any new assignment(s) for a job position(s) shall not be implemented until approved by the Director.

2. The assignment of appropriate grades, titles and occupational codes is contingent upon the designation of specific duties to positions by the supervisor of each position.

3. Positions are classified by application of Position Classification and Job Grading Standards of public and private sector employers in the service area of the Muscogee (Creek) Nation DHA.

4. If changes are made in a position at any time, the supervisor must notify Personnel Services. Action then shall be taken to update the position description, which may or may not result in a change in grade level and title.

5. Most positions are assigned to one of the different pay grades of the established Wage Schedules. Certain jobs, such as contract personnel, may be excepted from the classification system and may be paid under different pay systems.

E. Position Description

1. The major duties and responsibilities which management has assigned to employees are described in their official position description. If an employee believes that their position description is inaccurate, incomplete, or out of date, the employee should let their supervisor know so it can be updated.

2. The position description tells the employee where his/her position fits into the organization and describes the official duties and responsibilities of the employee. It does not necessarily limit the employee duties. Additional or different duties may be assigned by the supervisor at any time.

3. Each employee and their supervisor shall review the employee’s position description annually to determine whether the duties and responsibilities have changed.

F. Administrative Schedule

1. The Administrative Schedule covers all employees except medical and certain ENP staff. This system includes grades ranging from one (1) to fifteen (15) which have a graduated pay scale set by administrative policy. Medical and certain ENP staff are covered by a different salary schedule, however all governing principles apply.

2. Positions classified under the Administrative Schedule also use employee performance as a basis for increases in base pay.

3. The following nine (9) factors are taken into consideration when assigning a grade to positions covered by the Administrative Scale:

a) Knowledge required by the position.

b) Supervisory Controls f) Personal Contacts

c) Guidelines available g) Purpose of Contacts

d) Complexity h) Physical demands

e) Scope and effect of work i) Work environment

4. Each grade has ten (10) steps or pay levels, and employee advancement to the next step is determined by employee performance.

5. These increases become effective on the first day of the pay period following the approval of a Personnel Action Notice form by the Director.

G. Fair Labor Standards Act Classification

To the extent that the Fair Labor Standards Act may be applicable to Muscogee (Creek) Nation DHA, employees shall be classified as exempt or non-exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

1. The following positions shall be classified as exempt; Director, Staff Attorney, Health

System Administrator, Physician, Physician Assistant, Nurse Practitioner, Director of Nursing, CNCH Lab Supervisor, Chief Financial Officer, Budget Officer, Compliance Officer, IRM Officer, Personnel Officer, Property and Supply Officer, Deputy Director, Facilities Manager, WIC Manager, ENP Manager, CHS Manager, CHR Manager, Diabetic Program Coordinator, Tobacco Prevention Coordinator, and Vocational Rehabilitation Program Coordinator.

II. Wage and Salary Administration Operating Responsibility

The administration of the wage and salary programs and procedures presented in this section are dependent upon the interaction of various functional units within the DHA organizational structure. These units and their respective operating responsibility relating to the administration of wage and salaries are as follows:

A. Operating Supervisors

1. Using the wage and salary schedules represented in this section, administer the wage and salary program for subordinates on a fair and equitable basis in conjunction with operating and budget considerations not necessarily discussed in this section.

2. Originate all appropriate forms required to achieve the desired wage and salary action.

B. Personnel Services

1. Counsel and advise management in all areas of wage and salary administration.

2. Develop, recommend, and implement programs and/or changes adjusting salary structures and ranges, management training and development programs and procedures, salary administration policies and generally ensure that tribal wage and salary administration guidelines are followed within their area of operational responsibility.

3. Review and approve all input documents relating to salary actions for policy or guideline compliance. Be responsible for any wage and salary administration problem area which requires remedial action through effective communication with management.

4. Constantly review the wage and salary program for the purpose of recommending, developing, and implementing policies and/or procedures that will increase the effectiveness of the program. Maintain comprehensive wage and salary records for the purpose of supplying top level management with various data and reports at their request.

5. Continually counsel all levels of management in wage and salary administration techniques and policy interpretations.

C. Health Systems Board

6. Approve the Wage and Salary Guide and the Wage and Salary scales on an annual basis. Review specific areas of concern to ensure fair and equitable job evaluation and technical qualification.

D. Chief Financial Officer

Ensure that all approved salary actions are processed appropriately in Payroll.

E. Director

The DHA Director shall act as the final approving body for any salary administration exception to policy (See Wage and Salary Administration Approval Level Determination) as well as reviewing the overall wage and salary administration program approving or disapproving recommended changes in wage and salary administration procedure and policy.

III. Salary Administration Approval Level Determination

A. Standards

The following represents the guidelines for securing approvals for within policy wage and salary actions.

B. Originating Supervisor

1. Recommend the employee for the within policy increase using the appropriate form. The originating supervisor's signature shall indicate his/her commitment that the employee's performance has justified the recommended increase.

2. Requested salary increases shall not exceed one step as a normal practice. A specific justification must accompany any salary increase request. Additional justification is needed to exceed the one step limit.

3. Forward the approved form with any necessary documentation to the next level of supervision.

C. Personnel Services

1. Reviews the projected salary action for compliance with the wage and salary administration guidelines and to ensure that all required information on the form is completed.

2. In the event the recommendation does not conform to policy, Personnel Services shall return the recommended action for either completion or further consideration.

3. Upon ascertaining that the recommended salary action is within policy, Personnel Services shall forward the action to the Director.

4. Upon receipt of the approved salary action from the Director. Personnel Services shall process the salary action through Payroll.

5. Personnel Services shall then advise management of the affected work unit and the affected employee that the salary action has been approved.

D. Director

1. Approval by this level of management (or his/her designee) indicates final acceptance of the recommended wage or salary action.

2. Upon approving the action, the DHA Director should return the form to Personnel Services.

IV. Job Requirements

A. Job Analysis (Desk Audit)

1. Job Analysis shall be defined as the process of gathering, analyzing and recording information concerning the duties, responsibilities and qualifications that are required of individuals performing each job.

2. The information provided by this process shall serve as the primary source for the construction of position description or reclassification of a current position.

3. Personnel Services may initiate a desk audit or a supervisor/manager may request one to be performed.

4. Factors utilized shall be:

a) Training / Education Requirements

b) Skill Requirements

c) Experience

d) Physical Requirements

e) Responsibility

f) Working Conditions

g) Managerial Responsibility

5. Personnel Services shall review the job analysis methodology yearly and submit any recommendations to the Office of Administration - DHA Director.

B. Position Description

1. A Position Description is defined as a summary of the principal duties, responsibilities, activities, and requirements needed for a specific job.

2. Whenever a position becomes vacant, the position description for that particular job shall be reviewed for accuracy by the immediate supervisor and Personnel Services. Whenever possible, the former job incumbent shall be a part of this review process.

Regardless of occupancy, position description for each position shall be reviewed periodically to affirm accuracy.

V. Pay

A. Acting Status

1. Any employee in designated to be in an acting capacity for another position, the length of which appointment exceeds thirty (30) days, shall be compensated at a rate that is the median between the pay for their original position and the regular entry-level pay of the position in which they are currently acting, provided the pay is higher.

B. Wage and Salary (Employee)

1. Each supervisor shall maintain time and attendance requirements on all persons under his/her direct supervision; each individual shall be responsible for completing his/her time card and/or attendance document(s). All non-exempt staff are required to use the time clock to record their work attendance. The Director must approve any deviation from this practice.

2. Each individual and his/her supervisor shall sign the time card and/or attendance documents as evidence of authenticity prior to the individual receiving pay for the period covered.

3. All personnel who submit their time cards on a prompt basis shall be paid on a bi-weekly basis on the Friday following the regular pay period.

4. All payroll checks and deductions shall be computed by the payroll office.

5. Time Cards and Work Reports are source documents. The falsification of a source document may subject an individual to criminal charges. The falsification of a source document shall be grounds for immediate dismissal.

6. Time and attendance shall be kept on the time cards according to the following codes:

(a) Hours Worked W

(b) Overtime O

(d) Holiday Leave H

(e) Annual Leave A

(f) Sick Leave S

(g) Leave Without Pay L

(h) Absent Without Leave AWL

(i) Jury Duty J

(j) Bereavement Leave B

(k) Disaster Leave D

(l) Military Leave M

(m) Inclement Weather I

(n) Fire Fighting Leave F

C. Completion of Time Cards

1. Each full-time employee shall indicate on their time card a sum of eighty (80) hours on the totals section of the time card (i.e., the sum of hours worked and any type of leave shall be eighty). Any full-time employee time card, which has a total that does not equal eighty (80), shall be considered incomplete.

2. Each full-time employee shall indicate on their time card a sum of forty (40) hours for each week worked. If the total of hours worked is less than forty then the appropriate approved leave must be indicated. If the total of hours worked is in excess of forty then the excess time should be placed in the bottom box for the appropriate week and total for such indicated in the bottom box under hours worked in the totals section. Any full-time employee time card, which does not indicate forty hours for each week, shall be considered incomplete.

3. Each employee shall sign their own time card. Any time card which is not signed by the proper employee shall be considered incomplete.

D. Distribution

1. Payroll checks may be distributed in advance of payday, provided they are presented to all employees.

2. Checks may be distributed early on an individual basis if there are extenuating circumstances, with the approval of the Supervisor and the Director.

3. Payroll advances will not be allowed under any circumstance.

E. Overtime Compensation

1. All employees who are classified as non-exempt shall be given overtime pay at a rate of one and one-half (1½) hours for each one (1) hour worked in excess of 40 hours per week. This time will be pro-rated to increments of time that are less than one hour.

2. An Overtime Authorization Form shall be completed by each Supervisor authorizing overtime prior to the occurrence of the overtime work.

3. The procedure for Overtime shall be:

a) The Supervisor, upon the determination that extra work hours are needed over and above the normal scheduled work hours, shall request an employee or employees to work additional hours. The request shall be in writing and shall be signed by the supervisor. A copy of the request must accompany the Overtime Authorization form delivered to Personnel.

b) The Supervisor shall complete the Overtime Authorization form. This form shall state the purpose and amount of overtime work.

c) A copy of the Overtime Authorization form shall be forwarded to Payroll immediately following its completion.

d) All non-exempt employees shall record Overtime on the Time Card and follow normal Time Card procedure.

e) Payroll shall verify Overtime authorized and recorded on the Time Card.

4. All employees who are classified as exempt shall not be eligible for Overtime Compensation.

F. On -Call and Call Back Time

1. Eligible Personnel. Personnel from the Departments listed below are eligible for on-call and callback compensation: EMS employees are also eligible and covered by a subsequent paragraph.

a) Laboratory

b) Surgery

c) Radiology

d) Maintenance

e) Respiratory Therapy

f) Purchasing

2. On-Call and Call Back Procedures.

a) Employees designated to be on-call status will be compensated $5.00 per day for weekdays and $10.00 per day for weekends and holidays. Call back will be recorded on the regular time card.

b) Supervisors of the above departments will prepare an on-call sheet for each pay period listing the employees on-call and distribute copies to Hospital Administration, Director of Nursing, and the appropriate bulletin board. Supervisors are responsible for ensuring that employees on-call are notified.

c) Employees serving on-call must be available within the local area either by phone or pager. When called to return to duty, the employee must report as soon as possible, and within no more than thirty (30) minutes.

d) On-call employees may be called back for duty as required by appropriate personnel. Employees who are required to return to duty will be compensated a minimum of one (1) hour overtime or the actual overtime worked when exceeding one (1) hour.

3. EMS On-Call and Call-Back. The EMS Supervisor assigns 24 hour primary and back-up call for 24 hour shifts form 7:00 am until 7:00 am the following day. EMTs are to arrive no later than five minutes before the shift start to clock in and must remain on duty until the relief crew arrives. EMTs will be compensated at a rate of $1.05 per hour.

G. Shift Differential

1. Definitions.

a) Evening Rate. This is the rate of differential pay authorized for the employees who work 3 p.m. to 11 p.m. shifts.

b) Night Rate. This is the rate of differential pay authorized for employees working 11 p.m. to 7 a.m. shifts.

c) Weekend rate. This rate is the amount authorized for those employees who work weekends, which is added to the regular rate.

d) Premium rate. This rate is the rate authorized for those full-time employees who work holidays. No shift differential will be paid for holiday work.

2. Time card Procedures. Time cards are designed with heavy borders around weekends to indicate special weekend rate shifts. Timekeepers must be alert for evening, night and holiday shifts to ensure that employees who work these shifts receive the proper differential compensation.

a) Employees working the evening shifts, 3:00pm to 11:00pm during weekdays will receive a differential rate of 5% of their base pay.

b) Employees working weekend shifts, and 11:00pm to 7:00am on the weekdays, will receive a differential rate of 10% of their base rate. This rate will apply for all three shifts on Saturday and Sunday.

c) Part-time employees who work on holidays are paid straight time instead of double time.

d) Full time employees working holidays will receive double their normal rate of pay for any time worked on the holiday.

H. Temporary Pay Reduction

1. Exempt employees are subject to a temporary reduction in their rate of pay due to inadequate funding or other similarly related causes. Such action may be taken in lieu of a furlough or lay-off.

2. Such a reduction shall be for a pre-determined period of time and for a pre-established amount. No temporary decrease in rate of pay shall be enacted until these parameters have been established.

3. Management shall attempt to notify all personnel to be affected by a temporary pay reduction ten (10) days in advance, however, when such notification is not possible, management shall notify the affected personnel as quickly as possible.

4. Final approval authority for a temporary pay reduction shall rest with the DHA Director.

VI. Recognition and Awards Program

A. Recognition for Outstanding Performance

1. Individual employees and work units may receive recognition for outstanding performance.

2. The standards for attaining the level of outstanding performance shall be established by the appropriate HSA, Program Manager, or Officer.

B. Awards

C. Any implementation of an awards system for attaining a level of outstanding performance shall be approved by the Office of the Director or an individual or group so designated by the Director.

VII. NURSING WAGE AND HOUR ADMINISTRATION POLICY

A. Purpose

This policy has been developed and implemented to address the unique circumstances required to be met by the need of the Division to recruit and retain nursing professionals in the highly competitive and rapidly changing employment environment.

B. Application

This policy shall supersede any previous policy issuances or established practice in regard to nursing compensation and the specific other issues addressed herein.

C. Compensation

1. Base Pay Rate – A base pay rate for nurses employed by the Division in a nursing capacity is established according to the following provisions:

a. Clinic Based-Nurses

i. Base pay rate for an Associate degree RN is GS 9/1.

ii. Base pay rate for a Bachelors degree RN is GS 9/2.

iii.Base pay rate for an LPN is GS 5/1.

b. Hospital Based-Nurses

i. Base pay rate for an Associate degree RN is GS 10/1.

ii. Base pay rate for a Bachelors degree RN is GS 10/2.

iii.Base pay rate for an LPN is GS 6/1.

c. Emergency Room Based-Nurses

i. Base pay rate for an Associate degree RN is GS 10/3.

ii. Base pay rate for a Bachelors degree RN is GS 10/4.

d. The following rates of base pay are authorized for nursing staff who wish to voluntarily waive their employee benefits of health insurance, retirement, and paid leave in exchange for a higher base pay rate:

i. Base pay rate for an Associate degree RN is GS 12/1.

ii. Base pay rate for a Bachelors degree RN is GS 13/1.

iii.Base pay rate for an LPN is GS 9/1.

2. Additions to Base Rate – Nurses employed by the Division shall receive increases to their established base rate of pay for additional qualification factors according to the following scale:

a. An increase of 1% for each of the following certifications: ACLS, PALS, TNCC; and an increase of 3% for each of the following certifications: ENPC, CEN, RN-C; as applicable to the performance of duties with the Division of Health. Eligibility to be determined by the Director of Nursing and approved by the Chief Medical Officer with the concurrence of the Personnel Officer.

b. An increase of 1% for RN and 1% for LPN for every year of verifiable nursing experience up to 10 years maximum. Experience must correspond with position in that only RN experience counts for RN’s and LPN experience counts towards increase for LPN’s. Verification and approval determined by the Personnel Department.

c. An additional amount of $2.00 per hour supervisory pay for Nurse Supervisors shall be added to the total base rate (including additions) for the individual staff serving in supervisory positions.

3. Shift Differential – Differentials for RN staff shall be as follows:

a. 2^nd Shift – An additional $1.75 per hour for work performed between the hours of 3 pm and 11 pm.

b. 3