Personnel Policies Manual

  1. The Human Resources Director is responsible for establishing detailed procedures to address issues arising under this section.

    1. An employee may voluntarily terminate employment with the Navajo Nation by submitting a letter of resignation.
    2. The employee resigning shall give at least ten working days notice, unless the supervisor consents to the employee leaving sooner.
    3. An employee who submits a written resignation may, with the supervisor's approval, withdraw the resignation and be restored to the vacated position provided the written request for withdrawal submitted to the supervisor prior to the effective date of the resignation.
    1. A supervisor shall notify the employee, in writing, of the discharge and the specific reasons for the discharge. The notice shall include all requirements of Section XIII.F Contents of Disciplinary Notice.
    2. These policies do not apply to At-will employees.
  2. If an employee, who was qualified for his/her position, subsequently becomes disqualified for the position due to a loss of license, certification, or reclassification of the position due to a reorganization of the program or material changes in duties, or for any other reason, the employee shall be given a reasonable period to re-qualify. The employee shall also be given notice that if he/she does not re-qualify during the re-qualification period, the employee will be terminated.

  3. An employee who is to be laid off shall be given 15-calendar days written notice. Notice of layoff may be less than the 15-calendar day requirement if stoppage of work results from circumstances beyond the control of the Navajo Nation, e.g. program funding is terminated, positions are not refunded, or funds are not available to continue program operations. In all cases, however, the employee must be given as much notice as possible.

    Subject to applicable law, a regular status employee who is laid off shall be entitled to re-employment preference. These policies do not apply to temporary employees or At-will employees.

    1. Organizational restructuring.
    2. A supervisor may lay off a regular status employee whenever it becomes necessary due to lack of work or funds or elimination of position.
    3. Whenever layoffs are necessary, the supervisor shall immediately notify the Human Resources Director of the proposed layoffs and provide the Human Resources Director with a list of affected employees.
    4. No regular status employee shall be laid off while there are temporary, seasonal, or new employees employed in the same, equal, or lower level positions for which the regular status employee is qualified.
    5. In determining the order of layoff of regular status employees, the supervisor shall consider such factors as seniority, performance appraisals, qualifications, work record, and conduct and whether employee is a veteran as set forth in Section III.C. The supervisor shall, if possible, retain the veteran
    6. If an employee’s position is eliminated while he/she is on family medical leave, the employee shall be placed on layoff status immediately.
    7. Physical Change and Incapacity

      An employee may be laid off when, due to physical ailment or injury, the employee is no longer capable of performing the duties of the position. Before lay off,

      1. the employee must have seen a medical practitioner who has found the employee to be partially or totally disabled, or to be otherwise mentally or physically limited in work performance.
      2. The supervisor must determine that even with reasonable accommodation(s) for the employee's physical condition, the employee is incapable of performing the duties required of the position.
      3. If a supervisor believes that an employee is physically or mentally incapacitated but will not seek medical attention, the supervisor may require the employee to see a medical practitioner for an evaluation at the expense of the Navajo Nation.
      4. An employee laid off under this section must receive written notice explaining the reason for layoff and is entitled to consideration for a transfer and re-employment preference consistent with the policies herein.
    1. A supervisor may terminate a volunteer or temporary employee at any time. The termination must be in writing and include an explanation for the termination, consistent with Navajo law.
    2. A volunteer who is terminated is not entitled to re-employment, layoff, or grievance rights.
    3. A temporary employee who is terminated is not entitled to re- employment or layoff rights.
    4. A volunteer or temporary employee may resign without prior notice. The resignation must be in writing.
    1. A supervisor may terminate a new employee for just cause at any time during the introductory period. The termination must be in writing and include an explanation for the termination, consistent with Navajo law.
    2. A new employee who is terminated is not entitled to re-employment or layoff rights.
    3. A new employee may resign without prior notice. The resignation must be in writing.
  4. An employee who leaves Navajo Nation employment in accordance with the Navajo Nation Retirement Plan is considered to have retired.

    1. Unless leave without pay was previously approved, an employee shall be compensated through the date of death.
    2. The effective date of the separation shall be the date of death.
    3. The supervisor shall take reasonable steps to assure that arrangements are made to provide payment to the employee's estate of any salary, overtime, or accrued annual leave payments due.
    1. Upon receipt of all required documents, a final paycheck shall be issued to the terminated employee. The final check will include payment for hours worked, accrued annual leave, and any overtime as of the termination date.
    2. All or part of the final pay check and/or annual leave payment may be withheld to satisfy any indebtedness to the Navajo Nation.