V. EMPLOYMENT STATUS

1. The Navajo Nation has six categories of employment status:

   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

   1. Regular full-time

      Employees who are hired to work the regularly established 40-hour workweek and who remain employed full-time upon completion of the introductory period.

   2. Regular part-time

      Employees who work less than the regularly scheduled 40-hour workweek but not less than 20 hours per week and who remain employed part-time upon completion of the introductory period

   3. Seasonal

      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.

   4. At-will

      There are two categories of at-will employees:

      1. 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 XXI for reference to the Navajo Nation Code). This designation does not include any employee who receives deferred compensation.
      2. 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.

   5. Temporary

      1. 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.
      2. 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.
      3. Employment of a temporary in a 2320 account is limited to a maximum of six consecutive months in a program’s fiscal year; however, a temporary employee may be extended for a maximum of an additional six consecutive months where, the program justifies maintaining the position as temporary or budget the position as regular status.
      4. 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.
      5. 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.

   6. Volunteers

      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.

2. Introductory Period

   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.

   1. Immediate supervisors will provide performance standards for successful completion of the introductory period.
   2. These policies do not apply to temporary employees or At-will employees.
   3. The three types of introductory periods are:

      1. 90-day Introductory Period

         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.

      2. Supervisory Introductory Period

         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.

      3. One Year Introductory Period

         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

   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.
   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 conditions of each benefits program.
   6. Unsatisfactory Performance or Conduct
      1. 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.
      2. 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.
   7. Failure to Complete Supervisory Introductory Period
      1. 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 will be considered for a comparable position. If a comparable position is not available, they will be laid off and placed on preferential status for re-employment.
      2. Employees failing to satisfactorily complete a supervisory introductory period will not be considered for another supervisory position for a period of 12 months.
   8. Extension of 90-day Introductory Period
      1. 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.
      2. 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.
   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.
   10. Conversion to Regular Status
       1. 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.
       2. If the immediate supervisor fails to notify, in writing, the 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.

   11. Re-employment after Break in Service

       Former employees rehired after any break in service, are considered new employees and will be subject to another introductory period regardless of a previous completion. The exceptions are those re-employed after a layoff. They are eligible for reinstatement for a period of six months after layoff.

3. New Employee Orientation
   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.
   2. The new employee orientation shall include an overview of general operating policies and procedures, employee benefits, and an overview of the Navajo Nation organizational structure, and reporting relationships.
   3. All employees are required to read and affirm in writing that they are familiar with the Personnel Policies Manual.
   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.
4. Basic Workweek

   The basic workweek is seven days - Saturday through Friday. Standard hours of work for all employees are 40 hours per week.

5. Basic Tour of Duty

   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.

   1. Breaks

      Employees are entitled to a midmorning and a mid-afternoon break, each break time not to exceed 15 minutes. Employees cannot accumulate break time.

   2. Standby Duty

      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.

   3. Time Records

      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.

6. Alternative Work Schedules
   1. Exceptions to the basic tour of duty may be approved by the Department or Program Managers with written notification and written work schedule submitted to the Department of Personnel Management, Payroll and Risk Management.
   2. Alternative work schedules are generally dependent upon the specific working conditions and needs of the requesting program or department.
   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)