MCC.1.6.210 Employee Assistance Program [Suspended]

The Tribe recognizes that individual Elected Officials may develop personal problems which could have negative effects on performance of their office. The Tribe offers an Employee Assistance Program (EAP) for all Elected Officials, the purpose of which is to encourage the early diagnosis and treatment of personal, psychological, and medical problems. Elected Officials are encouraged to contact the Human Resource Director, or designee, for information regarding the EAP. Elected Officials are responsible for submission of all documents and paperwork to pay the costs incurred for services rendered in connection with the EAP. Elected Officials may utilize their health insurance plan as coverage is available; otherwise the service will be self-pay. Elected Officials may attend a scheduled EAP appointment with the LCO-CHC during work hours. If the EAP appointment is at another facility the Elected Official may use permitted paid or unpaid leave for EAP absences.

(a) Self-Referral. An Elected Official may request assistance from the Tribal Governing Board for personal, psychological, or medical reasons at any time during their term of office. Strict confidentiality will be maintained throughout this process.

(1) Procedure: The Tribal Governing Board shall provide the Elected Official and the Human Resource Director, or designee, with written notice using the LCOCHC – Behavior Health Clinic intake form and a signed consent form to release and or share information pertaining to the referral. The Human Resource Director will set up the EAP Process with the LCOCHC – Behavioral Health Director. The Behavioral Health Director will report to the Human Resource Director on the status of the referral within five (5) working days after receipt of the referral. Regardless of any EAP referral, Elected Officials must maintain an acceptable level of fulfillment of their duties of office. Documentation of completion or non-completion of the EAP will be on file in the Elected Official's personnel file as established pursuant to Section MCC.1.6.030 of this ordinance.

(A) A leave of absence to attend inpatient treatment shall be granted to Elected Officials requesting assistance through self-disclosure. The leave of absence may not exceed 12 weeks pursuant to Section MCC.1.6.190 of this ordinance.

(B) Elected Officials placed on a leave of absence from self-disclosure shall:

(i) Be allowed to maintain tribally sponsored Health; Life and short-term disability Insurance Benefits during the leave. The Elected Official will be responsible for their portion of insurance premiums.

(ii) Be allowed to utilize any accrued Paid Time Off hours earned prior to the leave.

(iii) Any accrual of Paid Time Off hours shall be in accordance with the provisions on family and medical leave pursuant to Section MCC.1.6.190 of this manual.

(C) An Elected Official returning to duty following a leave of absence from self-disclosure will be required to undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a condition of returning to their elected office. If the Elected Official is suspected to be under the influence of alcohol at the time of return to drug screen, a PBT may be requested. Elected Officials who refuse to take a test are thereby considered to have produced a positive test result and shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Upon receipt of a positive test result as defined in Section MCC.1.2.010(h), the Elected Official shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the positive test sample will be sent for a confirmation test result pursuant to Section MCC.1.6.250(a) of this ordinance.

(b) Tribal Governing Board Referral. The Tribal Governing Board shall refer an Elected Official to the Human Resource Director, or designee, when an Elected Official's conduct mandates as such.

(1) Procedure: The Tribal Governing Board shall provide the Elected Official and the Human Resource Director, or designee, with written notice using the LCOCHC – Behavior Health Clinic intake form and a signed consent form to release and or share information pertaining to the referral. The Human Resource Director will set up the EAP Process with the LCOCHC – Behavioral Health Director. The Behavioral Health Director will report to the Human Resource Director on the status of the referral within five (5) working days after receipt of the referral. Elected Officials shall comply with the referral to the EAP and follow subsequent recommendations for referral and treatment. Failure to show-up for required scheduled EAP appointment shall cause the Elected Official to be considered to having failed to carry out his or her official duties and the Elected Official may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Documentation of completion or non-completion of the EAP will be on file in the Elected Official's personnel file as established pursuant to § 1.603 of this ordinance.

(A) A leave of absence to attend inpatient treatment shall be granted to Elected Officials when required by an approved LCOCHC- Behavioral Health EAP treatment plan. The leave of absence may not exceed 12 weeks pursuant to Section MCC.1.6.190 of this ordinance.

(B) Employees placed on a leave of absence when required by an approved LCOCHC- Behavioral Health EAP treatment plan shall:

(ii) Be allowed to utilize any accrued Paid Time Off hours earned prior to the leave.

(iii) Any accrual of Paid Time Off hours shall be in accordance with the Tribe's policies on family and medical leave pursuant to Section MCC.1.6.190 of this ordinance.

(C) An Elected Official returning to duty following a leave of absence from a referral of the Tribal Governing Board will be required to undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a condition of returning to their elected office. If the Elected Official is suspected to be under the influence of alcohol at the time of return to drug screen, a PBT may be requested. Elected Officials who refuse to take a test are thereby considered to have produced a positive test result and shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Upon receipt of a positive test result as defined in Section MCC.1.2.010(h), the Elected Official shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the positive test sample will be sent for a confirmation test result pursuant to Section MCC.1.6.250(a) of this ordinance.