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EMPLOYMENT
STATUS |
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Employment
status varies with the position and conditions of employment.
Supervisors, working jointly with the Department of Personnel Management
shall ensure that employees are properly designated. |
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A. |
The
Navajo Nation has six categories of employment status: |
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1. |
Regular
full-time |
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Employees
who are hired to work the regularly established 40-hour work week and
who remain employed full-time upon completion of the introductory period. |
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2. |
Regular
part-time |
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Employees
who work less than the regularly scheduled 40-hour work week but not less
than 20 hours per week and who remain employed part-time upon completion
of the introductory period. |
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3. |
Seasonal |
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Employees
who work less than one year on a full or part-time basis due to the
nature of the position and/or funding level. Seasonal employment
is usually applicable to jobs that occur on an intermittent or seasonal
basis. |
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4. |
At-will |
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There are two categories
of at-will employees: |
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a. |
Professional
at-will employees are those who serve at the pleasure of the Attorney
General, Chief Prosecutor, Executive Director of the Navajo Nation
Washington Office, the Public Defender Commission, or other official or
employee as provided by Navajo Nation law (See Definitions, Section XIX
for reference to the Navajo Nation Code). This designation does
not include any employee who receives deferred compensation. |
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b. |
Political
at-will employees are those who serve at the pleasure of the President,
the Navajo Nation Council, or the Speaker of the Navajo Nation
Council. Political at-will employees receive deferred
compensation. |
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5. |
Temporary |
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a. |
Temporary
employees are those who are hired as interim replacements or to
supplement the work force, or to assist in the completion of a specific
project. |
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b. |
Employment
of a temporary to fill a vacant regular status position is limited to a
maximum of six consecutive months in a program's fiscal year. |
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c. |
Employment
of a temporary in a 1200 account may be extended as necessary, except
that if a temporary is employed continuously for one year, the program
must justify maintaining the position as temporary or budget the
position as regular status. |
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d. |
Employment
of a temporary beyond any initially stated period does not in any way
imply a change in employment status. Temporary employees retain
that status unless and until notified of a change. |
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e. |
While
temporary employees receive mandated benefits (such as workers'
compensation insurance and Social Security), they are ineligible for
Navajo Nation benefit programs including annual and sick leave accrual. |
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6. |
Volunteers |
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Persons
who offer and provide unpaid assistance or services to the Navajo Nation
for a specified time period. Supervisors must arrange for
appropriate coverage under workers' compensation. |
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B. |
Introductory
Period |
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The
Introductory Period is intended to give employees the opportunity to
demonstrate the capability to perform assigned job duties at a
satisfactory level of performance and to determine whether the position
meets their expectations. The Navajo Nation uses this period to
evaluate employee capabilities, work habits, and overall performance. |
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1. |
Immediate
supervisors will provide performance standards for successful completion
of the introductory period. |
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2. |
These
policies do not apply to temporary employees or At-will employees. |
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3. |
The
three types of introductory periods are: |
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a. |
90-day
Introductory Period |
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All new employees, except
At-will employees and Police Officers, hired in a regular or
seasonal position will work on an introductory basis for the first 90 calendar
days after their date of hire.
The introductory period shall begin on the first day of employment
and end at the end of the work day on the 90th calendar day.
A regular status employee will be subject to only one new
employee introductory period during any continuous term of employment,
except that employees transferring to Police Officer positions will be
required to serve a one-year introductory period. |
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b. |
Supervisory
Introductory Period |
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An employee promoted or transferred to a
supervisory position or higher level supervisory position, will be
subject to a supervisory introductory period of 90 calendar days.
An employee promoted or transferred to a supervisory position
continues to utilize leave benefits during the supervisory introductory period. |
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c. |
One
Year Introductory Period |
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All police officers are required to serve a one
year introductory period, however, they shall be eligible to utilize
leave benefits after 120 calendar days |
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4. |
Periods
of temporary employment cannot be used to satisfy the introductory period requirement. Leave benefits accumulate but cannot be used
during the 90-day introductory period. |
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5. |
During
the introductory period, new employees are eligible for those benefits
required by law, such as workers' compensation and Social
Security. After obtaining regular status, employees will also be
eligible for other Navajo Nation provided benefits, subject to the terms
and and conditions of each benefits program. |
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6. |
Unsatisfactory
Performance or Conduct |
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a. |
If,
during the 90-day introductory period, the employee's performance or
conduct is found to be unsatisfactory, the immediate supervisor may
terminate the employee for just cause, provided that the employee is
given contemporaneous written notification citing the reason(s) for the
termination. |
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b. |
An
employee terminated during any introductory period has no rights to
grievance. Termination of new employees within the introductory
period voids accrued annual and sick leave. Supervisory and
transferred employees will receive payment for all accrued annual leave. |
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7. |
Failure
to Complete Supervisory Introductory Period |
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a. |
Employees
failing to successfully complete their supervisory introductory period
will be returned to their previous position, if it is available, at
their prior rate of pay. If the previous position is not
available, they be considered for a comparable position. If a
comparable position is not available, they will be laid off and placed
on preferential status for reemployment. |
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b. |
Employees
failing to satisfactorily complete a supervisory introductory period
will not be considered for another supervisory position for a period of
12 months. During the supervisory introductory period, an employee
has no rights to grievance. |
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8. |
Extension of 90-day Introductory Period |
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a. |
If
a supervisor determines that the introductory period for a new employee
does not allow sufficient time to thoroughly evaluate the employee's
performance, he/she may request that the introductory period be extended
for thirty calendar days. |
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b. |
the
supervisor's request to extend an employee's 90-day introductory period
must include a statement regarding the employee's current performance
levels in assigned areas of responsibility and justification for
extension. The supervisor must also notify the employee of the
extension, in writing, before the conclusion of the initial introductory
period. If timely notice is not provided to the employee, the
request will be denied. |
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9. |
If
any introductory period is interrupted by an employee's extended absence
due to medical reasons, the introductory period may be extended the
number of calendar days the employee was absent. |
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10. |
Conversion
to Regular Status |
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a. |
When
an employee satisfactorily completes an introductory period, the
immediate supervisor is required to submit a performance appraisal for
him/her to the Department of Personnel Management along with the
personnel action form. This will convert the employee's
introductory status to regular status. |
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b. |
If the immediate supervisor fails or neglects to
notify, in writing, the probationary employee and the Human Resources Director
of the conversion status at the end of any introductory period, the
Human Resources Director is authorized to initiate action to convert the employee to regular status. |
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11. |
Reemployment
after Break in Service |
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Former employees, who are rehired after any break
in service, are considered new employees and will be subject to another
probationary period regardless of a previous completion.
The exceptions are those reemployed after a layoff. They are
eligible for reinstatement for a period of six months after layoff. |
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C. |
New
Employee Orientation |
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1. |
New
employees are required to attend an employee orientation within 90
calendar days of employment date. All supervisors shall allow new
employees to attend the orientation as scheduled. |
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2. |
The
new employee orientation shall include an overview of general operating
policies and procedures, employee benefits, and an overview of the
Nation Nation organizational structure, and reporting relationships. |
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3. |
All
employees are required to read and affirm in writing that they are
familiar with the Personnel Policies Manual. |
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4. |
Supervisors
are required to provide an employee orientation to newly hired and
transferred employees. This orientation shall include program
specific topics, such as work unit goals and objectives, office and
workstation regulations, and job and performance expectations. |
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D. |
Basic
Workweek |
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The
basic workweek is seven days - Saturday through Friday.
Standard hours of work for all employees are 40 hours per week. |
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E. |
Basic
Tour of Duty |
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The
basic tour of duty is from 8:00 a.m. to 12:00 noon and from 1:00 p.m. to
5:00 p.m., Monday through Friday. |
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1. |
Breaks |
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Employees
are entitled to a midmorning and a mid-afternoon break, each break time
not to exceed 15 minutes. Employees cannot accumulate break time. |
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2. |
Standby
Duty |
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Certain
work operations require that employees be placed on standby and
available for duty. If called, employees required to remain on
duty during emergency situations for extended periods will receive rest
and meal periods. |
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3. |
Time
Records |
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Time
records will be maintained for each employee to accumulate and report
the following: hours worked, hours absent, hours on approved leave, type
of approved leave, and hours of unauthorized absence. Time records
must be submitted for payroll purposes. |
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F. |
Alternative
Work Schedule |
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1. |
Exceptions
to the basic tour of duty may be approved by the Department of Personnel
Management upon written request from Department or Program Managers. |
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2. |
Alternative
work schedules are generally dependent upon the specific working
conditions and needs of the requesting program or department. |
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3. |
Department
of Personnel Management will be responsible for developing and issuing
procedures on the types of alternative work schedules available.
(flextime, compressed workweek, shift work, job sharing, and
telecommuting) |