Employees will earn annual and sick leave, however, when and how these leave benefits are used is subject to supervisory approval.  Employees should keep in mind that the use of leave is granted as a privilege rather than a right.  It should also be clearly understood that leave is granted to employees at such times as they can be conveniently spared from work.  Use of leave may be subject to verification and improper use of leave may be denied. Leave may be denied due to the requirements of the workload, except as provided herein.

Except in emergency circumstances or as provided below, application for leave of any kind or duration must be initiated by the employee in writing and presented to the authorized supervisor for approval prior to taking leave.  If an employee is incapacitated, the supervisor may place the employee on appropriate leave.

The leave year shall consist of 26 pay periods and shall begin with the first complete pay period in any given calendar year and end with the 26th pay period.

Years of service shall include all periods of continuous employment with the Navajo Nation Government.   Years of service shall not include employment with entities, enterprises, or chapters of the Navajo Nation.  In addition, service prior to a break in service will not be included unless the break in service was the result of a reduction in force and the employee was reinstated within six months of the lay off.

Annual leave is authorized absence for rest, recreation or other purposes when approved by the supervisor.

Eligible regular part-time and seasonal part-time employees accrue annual leave on a pro rata basis.

Annual leave may be approved as an extension of sick leave upon exhaustion of accrued sick leave.

An employee transferred to a position in which annual leave does not accrue will be paid for all accrued annual leave hours earned in his/her prior position.

An employee who transfers to another regular status position shall have all accrued annual leave transferred.

Upon separation from employment, an employee shall be paid for all accrued annual leave hours.  Payment will be included in the final paycheck subject to deductions for any indebtedness owed to the Navajo Nation.

Sick leave is authorized time off from work granted to an eligible employee due to: his/her own illness, injury, or disability or that of a spouse, children, or parents.  This includes but is not limited to incapacitating or contagious, or chronic illness, disability caused by pregnancy, childbirth or related medical circumstances, illness or injury that requires examination, treatment or visits to a licensed practitioner, medicine man or health-related counselor.  Employees referred by EAP for treatment, counseling or to other resources may also be eligible for sick leave.

Employees serving a new employee probationary period can accrue sick leave but cannot use accrued sick leave until after they have converted to regular status.

Illness or other medical conditions which exhaust an employee's sick leave may require that annual leave and leave without pay be used.

An employee is required to submit written proof of illness or disability from a physician for absences of three or more consecutive work days. If an employee's sick leave record warrants, a statement may be required for less than three days.

An employee must request and obtain prior approval for the absence.  The employee may be required to submit a written statement from the medicine man performing the ceremony if the employee's absence due to traditional healing ceremonies warrants verification or if the ceremony is three or more consecutive work days.

Eligible employees may carry over an unlimited number of unused sick leave hours from leave year to leave year.  However, no employee shall be paid for unused sick leave hours upon termination.

An employee who transfers to a position in which sick leave does not accrue shall forfeit all sick leave hours.

An employee who transfers to another regular status position shall have all accrued sick leave hours transferred.

Sick leave hours shall only be restored when a former employee with reemployment preference is rehired within six months of separation from employment.

Termination within the new employee probation period voids all accrued sick leave hours.  Forfeited sick leave may not be restored.

Administrative leave is leave with pay and may be granted by an appropriate authority of the Navajo Nation in the following situations:

Early release of employees due to: extreme weather conditions, or any other reason determined by the President, Speaker or their designees to be appropriate.  Advance notice of early release shall be in writing and signed by the President, Speaker or their designees.

Early release shall not apply to employees on leave, travel or whose tour of duty does not cover the period of the early release.

Temporary closure of employee work sites or facilities due to environmental health hazards or other safety or health reasons.  Administrative leave shall not be granted when affected employees can reasonably be assigned to alternative work sites.

A Program Manager may place an employee on administrative leave to investigate alleged misconduct sufficiently serious to bar an employee from the premises to protect persons or Nation resources.  Such leave may not exceed five consecutive working days.

Immediate written notice shall be given to the employee of the leave, its purpose and duration, and specific reasons therefore.  The employee shall be required to leave the premises immediately.

Upon conclusion of the investigation or the end of the administrative leave, whichever occurs first, if no disciplinary action is taken, the employee shall be allowed to return to work.

When disciplinary action is deemed necessary, it shall be taken in conformance with the appropriate provisions of Section XIII. and XV. herein.

Extensions may be granted by the Department of Personnel Management upon recommendation of the Program Manager, but total administrative leave for investigatory purposes shall not exceed 20 working days.

An employee summoned or subpoenaed by any party or tribunal, including the grievance hearing officer,  to be a witness in an official capacity, shall not be required to take leave since the employee will be representing the Navajo Nation.  However, the employee must immediately inform the supervisor of the proposed absence.

If an employee is summoned to be a witness as a private citizen or as a witness for the aggrieved party in a grievance hearing, the employee will be authorized annual leave.  If annual leave is exhausted, leave without pay will be used.

Employees are required to notify their supervisor promptly upon receipt of a jury summons and subsequent notice to serve as a juror.  Employees summoned for jury duty, including military jury duty, will receive their regular rate of pay for normal work hours, provided the employee submits evidence of the summons and selection notice.  Fees received as compensation for jury duty shall be paid to the Navajo Nation except when an employee voluntarily requests annual leave for the period of absence.  Employees will be allowed to retain any reimbursements for transportation, lodging, meals etc. paid by the respective court jurisdiction.

Registered voters may receive authorization for up to two hours paid absence from work to vote in a Navajo Nation, local, state or federal election. The length of absence will be granted at the discretion of the immediate supervisor.

Employees required to vote at a poll remote from their workstations may request an extension of the two-hour limit.  The extension, if granted, will be charged to the employee's annual leave.   This extension includes travel time to the poll but may not exceed eight hours.

An employee may be authorized administrative leave to obtain appropriate job related professional licensure or certification or to satisfy continuing education requirements to retain such licensure or certification.

An employee will be given two opportunities to obtain licensure or certification.  Thereafter, he/she will be required to take annual leave or leave without pay.

An special conditions regarding the length of leave, payment of expenses, reimbursement, grades, employment status, service to the Navajo Nation, etc. will be arranged between the Program Manager and the employee.

Leave without pay not to exceed 15 working days may be granted by the supervisor.  Requests for leave without pay which exceed 15 working days must be supported by a written recommendation of the supervisor and  approved by the Division Director.  Except for family and medical leave, annual or sick leave, if applicable, must be exhausted before entering approved leave without pay status.  Consideration shall be given to the merits and circumstances together with the programmatic operations.

When an employee is absent without authorization, the employee will be charged with absence without approved leave and may be subject to disciplinary action.  If the absence is later approved, the charge to absence without approved leave may be changed to the appropriate leave.

An employee placed on suspension is considered to be on leave without pay status. Annual and sick leave do not have to be exhausted.

Educational leave shall be without pay unless the Program Director and employee agree that annual leave may be used.

Regular, full-time employees are eligible for educational leave up to one semester (or equivalent) per academic year provided they have three years of continuous employment with the Navajo Nation Government.

An employee on approved educational leave shall maintain regular full-time status.

Upon completion of educational leave, an employee shall return to his/her position.

Family and medical leave of absence is approved unpaid leave available to eligible employees for up to six months per year under particular circumstances that are critical to the life of a family.

upon the placement of a child with the employee for adoption or foster care;

when the employee is needed to care for his/her child, spouse, or parent who has a serious health condition; or

The first three months of leave are non-discretionary; if the leave is requested consistent with these policies, the supervisor must approve the leave.

The second three- month period is discretionary.  The supervisor has the authority to approve/disapprove the leave.  Reason(s) for the additional leave requested must meet the criteria herein and be based on 1 a. - d. above.

Regular status employee who have been employed for one year are eligible for family and medical leave.

Any employee who is granted an approved leave of absence under this policy shall provide for the retention of group insurance coverage by arranging to pay his/her premium contributions during the period of unpaid absence.

An employee will not lose service credit with the Navajo Nation as a result of the family and medical leave, but he/she will not accrue annual or sick leave and is not eligible for paid holidays.

Furlough is the placement of a Seasonal employee into temporary non-duty non-pay (leave without pay) status due to lack of work, closure of facilities for a specific period of time, or closure due to circumstances beyond the control of the program.