X. LEAVE ADMINISTRATION

General Leave Policies
1. Use of Leave

   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.

2. Application for Leave

   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.

3. Leave Year

   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.

4. Years of Service for Leave Benefits

   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.
Paid Leave
1. Annual Leave

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

   1. Eligibility

      1. Regular status employees are eligible to accrue annual leave hours.
      2. Temporary employees are not eligible.
      3. Employees on any type of leave without pay are not eligible.
      4. Political at-will employees are not eligible.

   2. Limitations

      1. Employees serving a new employee introductory period can accrue annual leave but cannot use accrued annual leave until after they have been converted to regular status.
      2. Termination within the new employee period voids all accrued annual leave hours.

   3. Accrual Rate

      1. Eligible employees will accrue annual leave at the following rates:

         	Nonexempt Employees	Exempt Employees
         Yrs of Service	Per Pay Period	Per Pay Period
         Less than 3 years	4 hours	6 hours
         3 years to 12 years	6 hours	8 hours
         More than 12 years	8 Hours	10 Hours

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

   4. Extension of Sick Leave

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

   5. Carryover

      At the end of each leave year, all hours in excess of 320 hours shall be forfeited. Forfeited hours shall not be paid.

   6. Change of Employment Status

      1. 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.
      2. An employee who transfers to another regular status position shall have all accrued annual leave hours transferred.

   7. Liquidation of Annual Leave

      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.

2. Sick Leave

   Sick leave is authorized time off from work granted 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, 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.

   1. Eligibility

      1. Regular status employees are eligible to accrue sick leave hours.
      2. Temporary employees are not eligible.
      3. Employees on any type of leave without pay are not eligible.
      4. Political at-will employees are not eligible.

   2. Limitations

      1. Employees serving a new employee introductory period can accrue sick leave but cannot use accrued sick leave until after they have been converted to regular status.
      2. Illness or other medical conditions which exhaust an employee's sick leave may require that annual leave and leave without pay be used.

   3. Accrual Rate

      Eligible employees will accrue sick leave from the date of employment at the following rates:

      Employee Status	Accrual Rate Per Pay Period
      Regular/Seasonal Full-Time	4 Hours
      Regular/Seasonal Part-Time	2 Hours

   4. Physician's Statement

      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.

   5. Traditional Healing Ceremonies

      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.

   6. Carryover

      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.

   7. Change in Employment Status

      1. An employee who transfers to a position in which sick leave does not accrue shall forfeit all sick leave hours.
      2. An employee who transfers to another regular status position shall have all accrued sick leave hours transferred.

   8. Reinstatement of Sick Leave

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

   9. Forfeiture of Sick Leave

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

3. Administrative Leave

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

   1. Early release

      1. 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.
      2. Early release shall not apply to employees on leave, travel or whose tour of duty does not cover the period of the early release.
   2. 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.

   3. Investigations

      1. A Program Manager may place an employee on administrative leave with pay to investigate alleged misconduct sufficiently serious to bar an employee from the workplace to protect persons or Nation resources. Such leave may not exceed five consecutive working days unless extended under Subsection d.

         1. The supervisor shall give written notice of the administrative leave to the employee. The notice shall state the reasons for the administrative leave, including the specific misconduct the employee is alleged to have committed, and the number of days the employee will be on leave. Upon receipt of the written notice, the employee shall be required to leave the workplace immediately and surrender keys, computers, work cell phones and other government property. The employee shall provide a contact phone number and be available during the leave to provide information relevant to the investigation.
         2. If the investigation is completed before the expiration of the administrative leave, the supervisor shall end the administrative leave and inform the employee he or she will return to work. If the administrative leave expires before the investigation is completed, the employee will return to work. The expiration of administrative leave does not prevent a supervisor from continuing the investigation and taking disciplinary action under Subsection c. after the employee returns to work.
         3. After the investigation is completed, if a supervisor believes disciplinary action is necessary, he or she shall discipline the employee under Section XIII. and XV. of this Manual.
         4. Extensions may be granted by the Department of Personnel Management by recommendation of the Program Manager, but total administrative leave for investigatory purposes shall not exceed 20 working days.

      2. For investigations concerning alleged financial misconduct of misuse of government property, a Program Manager may place an employee on administrative leave with or without pay. Such leave may not exceed thirty (30) working days unless extended under Subsection (f).

         1. A supervisor may place an employee on unpaid administrative leave only with the written concurrence of the Department of Justice. As provided within one working day.
         2. The supervisor shall give written notice of the leave to the employee. The notice shall state the reasons for the administrative leave, including the specific misconduct the employee is alleged to have committed, and the number of days the employee will be on leave. Upon receipt of the written notice, the employee shall be required to leave the workplace immediately and surrender keys, computers, work cell phones, and other government property.
         3. If the investigation is completed before the expiration of the administrative leave, the supervisor shall end the administrative leave and inform the employee he or she will return to work. If the administrative leave expires before the investigation is completed, the employee will return to work. The expiration of administrative leave does not prevent a supervisor from continuing the investigation and taking disciplinary action under Subsection d. after the employee returned to work.
         4. When, after the investigation is completed, a supervisor believes disciplinary action is necessary, the action shall be taken in conformance with Sections XIII. and XV. of this Manual. If the disciplinary action is a suspension, the days of unpaid administrative leave shall be credited to the number of days of unpaid suspension. If the number of days of unpaid administrative leave exceeds the number of days of unpaid suspension, the employee shall receive back pay for the excess days of unpaid administrative leave.
         5. If, after the investigation is completed, the supervisor takes no disciplinary action, the employee shall receive back pay compensation for the number of days he or she was on unpaid administrative leave.
         6. Unpaid Administrative leave may be extended for an additional thirty (30) working days when approved by the Division Director of the employee’s Division, and the Attorney General or Auditor General, and concurred by the Department of Personnel Management. Total administrative leave shall not exceed 60 working days.

   4. Witness Summons

      1. 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.
      2. 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.

   5. Jury Duty

      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.

   6. Time Off for Voting

      1. 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.
      2. 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.

   7. Professional Licensure and Certification

      1. 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.
      2. 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.
      1. Any 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.

   8. COVID-19 Leave

      The Navajo Nation recognizes that an employee may have a need to be absent from work due to health issues that arise from the COVID-19 pandemic. COVID-19 leave may be approved for employees who are in need of personal leave due to COVID-19 to care for themselves or a family member, or to be away from the work place as required by his or her employer. Such leave will not require an employee to utilize his or her accrued sick or annual leave. The maximum amount of leave allowed under this policy is 120 work hours. For any additional leave, the employee must request to use his or her accrued annual or sick leave, be approved for Leave Without Pay, or seek Family Medical Leave under Section X (D) of this Manual. This leave will remain available through the duration of any Declaration of Emergency by the Commission on Emergency Management and the Navajo Nation President concerning the COVID-19 pandemic. Such leave is available to employees required to be on duty during the pandemic, and not to employees already on Administrative Leave under Section X (B) (3) (b) of this Manual.

      1. An employee may request COVID-19 leave under the following circumstances:

         1. When a family member has tested positive for the virus and requires assistance from the employee,
         2. When the employee has tested positive for the virus,
         3. When the employee is required by his or her supervisor to be away from the work place due to 1) exposure to an individual who has tested positive or is suspected to be positive for COVID-19, or 2) if the employee shows symptoms consistent with COVID-19,
      2. All employees, regardless of length of service with the Navajo Nation, are eligible for leave that meet any of the COVID-19 circumstances listed in Subsection 1). Such approved leave will be paid.
      3. A request for special COVID-19 leave must be made in writing, for a specified period of time and submitted to the employee’s supervisor. The employee shall submit the request, or, if incapacitated due to illness, an authorized family member may do so.
      4. If proper documentation, as required by Subsection 5) is submitted, the supervisor cannot deny the leave within the maximum 120 work hours. The supervisor may limit the duration of the leave to less than the 120 maximum, in consultation with the employee and the employee’s medical provider and as consistent with Center for Disease Control COVID-19 Guidelines. If COVID-19 leave is granted, an employee may not return to work without a doctor’s statement or official medical document showing a negative result for a COVID-19 test.

      5. All leave requests shall be accompanied by appropriate documentation.

         1. For categories a. and b. under Subsection 1), the employee must submit official medical documents from a medical provider showing a positive COVID-19 test for the employee or a family member, which may include a doctor’s note or document from a hospital or other testing facility.
         2. For category a. under Subsection 1), the employee must also submit a written document describing the assistance needed by the family member, and why that assistance cannot be provided by others.
         3. For Category c. under Subsection 1), the employee must submit a written memorandum from his or her supervisor or program manager that requires the employee to be away from the work place and identifies the amount of time the employee must be away.
      6. To verify the employee’s eligibility for COVID-19 leave, it may become necessary to request information from the employee and/or his/her medical provider. The employee’s supervisor can request additional medical information to confirm the employee’s need to be absent, to show whether and how an absence relates to the infection, and to know that it is appropriate for the employee to return to work. When requesting COVID-19 leave, the employee must sign a release to allow the supervisor to make such requests to the employee’s medical provider.

      6) All requests for leave and all supporting documentation submitted by an employee must be kept strictly confidential, and information related to the reason for the leave will be restricted to other Navajo Nation employees with a need to know to process the leave, including the employee’s supervisor, the Program Manager, and the Department of Personnel Management. Violation of this confidentiality requirement by those employees, or any other employee of the Navajo Nation, is a violation of the Navajo Privacy Act, 2 N.N.C. §§ 91 and 92, and can result in civil and criminal penalties. Such violation may also result in discipline of those employees by his or her supervisor under Offense Number 22 in the Table of Penalties of this Manual.
Unpaid Leave
1. Approved Leave Without Pay

   Leave without pay not to exceed 15 working days may be granted by the supervisor. Requests for leave without pay exceeding 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.

2. Unauthorized Absence

   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.

3. Disciplinary Actions

   An employee placed on suspension is generally considered to be on leave without pay status; however, a supervisor may place an employee on a working paid suspension. Annual and sick leave do not have to be exhausted.

4. Educational Leave

   Educational leave may be granted when an employee enrolls as a full-time student in an accredited educational institution.

   1. The purpose of educational leave is to enhance an employee's job performance and therefore must be job related. All requests shall be approved by the Program Manager.
   2. Educational leave shall be without pay unless the Program Manager and employee agree that annual leave may be used.
   3. 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.
   4. An employee on approved educational leave shall maintain regular full-time status.
   5. Upon completion of educational leave, an employee shall return to his/her position.
Family and Medical Leave
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.
1. Family and medical leave may be taken only in the following situations:

   1. upon the birth of the employee's child;
   2. upon the placement of a child with the employee for adoption or foster care;
   3. when the employee is needed to care for his/her child, spouse, or parent who has a serious health condition; or
   4. when the employee is unable to perform the functions of his/her position because of a serious health condition.

2. Limitations

   1. The first three months of leave are nondiscretionary; if the leave is requested consistent with these policies, the supervisor must approve the leave.
   2. 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.

3. Eligibility

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

4. Basic Regulations and Conditions

   1. Employees are required to submit medical certification to support a claim for leave for an employee's own serious health condition or to care for a seriously ill child, spouse, or parent.
   2. Spouses who are both employed by the Navajo Nation may take a total of six months of leave (rather than six months each) for the birth or adoption of a child or the care of a sick parent, subject to the limitations in D.2 above.
   3. When the need for leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, the employee must provide notice as far in advance as practicable, and make efforts to schedule leave so as not to disrupt program operations.
   4. In cases of illness, the employee will be required to report periodically to the immediate supervisor on his/her leave status and intention to return to work. A medical certification is required to resume work.
   5. Upon return from family and medical leave, an employee shall return to the same position.
   6. During the employee’s absence, his/her position may be filled on a temporary basis.
   7. An employee’s failure to return to work after the duration of approved family and medical leave and any other authorized leave, shall be deemed a resignation.
   8. Department of Personnel Management is responsible for developing and issuing procedures on family and medical leave.

5. Status of Employee Benefits During Leave of Absence

   1. 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.
   2. 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
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 or time, or closure due to circumstances beyond the control of the program.
1. Seasonal employees may be eligible for furlough status upon verification of continued funding for the next season or intermittent employment.
2. Employees will be provided written notice from the Program Manager of the furlough 15 calendar days prior to the beginning of the furlough period. The notice will include the effective date of the furlough, the date to return to duty and pay status.
3. The Program Manager shall also provide written notification to each employee on furlough status of the date to return to duty 15 calendar days prior to the effective date of return.
4. Each employee shall be provided a record of his/her accrued annual and sick leave hours before going on furlough status. This accrued leave will be maintained until the employee returns to active duty and pay status or is separated from employment.
5. To retain his/her regular status, a Seasonal employee on furlough may only obtain temporary employment with the Navajo Nation during the furlough period. If the employee does not wish to return to the program placing him/her on furlough, a resignation must be submitted and processed to clear the employee to obtain other employment.
6. Employees provided written notification to return to work and who fail to report by the established return to duty and pay status date, may be subject to termination.
7. Insurance premiums must be paid for the furlough period. Upon notification of furlough, the program and affected employees can make arrangements for payment of premiums with the Employee Benefits Office.
8. These policies do not apply to other categories of employees.
9. The period of furlough cannot exceed six months from the date of furlough.
Donation of Annual and/or Sick
1. A Navajo Nation employee with accrued annual and/or sick leave hours may donate leave hours to assist a Navajo Nation employee who has exhausted his or her own annual and sick leave hours due to an on-going medical hardship.
2. In order to donate leave hours, an employee must submit a written request to his or her Program Manager. Such request must be approved in writing by his or her Program Manager, with notice to the Department of Personnel Management.
3. Any disapproval of the request must be in writing with stated reasons for the disapproval. Any disapproved request can be appealed within ten (10) working days from notice, to the Department of Personnel Management (DPM) and the Department may approve, or affirm the disapproval, of the request. The approval of the disapproval by the DPM shall be in writing with stated reasons.
4. A Navajo Nation employee who exhausted his or her own annual and sick leave hours due to an on-going medical hardship is eligible to receive donated leave hours.
5. In order to receive donated leave hours, such eligible employee must submit a written request for donated leave hours and a written statement from a licensed physician demonstrating the employee’s on-going medical hardship to their Program Manager.
6. Such written request if approved, must be approved in writing by the Program Manager with notice to the DPM.
7. Any disapproval must also be in writing with stated reasons for the disapproval. Any disapproval can be appealed within ten (10) workings days to the DPM, and the DPM may approve, or affirm the disapproval, of the request. The approval or disapproval by DPM shall be in writing with stated reasons.