Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

PAP.9.7.080 Additional Paid Leave

The Gaming Enterprises grant team members that are deemed eligible pursuant to Section PAP.9.7.020 of this manual additional paid leave in certain situations, including the following:

(a) Civil Leave. The Gaming Enterprises grant eligible team members paid civil leave during the required absence when a team member appears as a witness for the federal, state or Tribal Government, in obedience to a subpoena. A team member must promptly notify his or her Director/Manager upon receipt of any subpoena. If a team member receives any stipend for such civil leave, he or she must use PTO during any work absence for such service. No team member shall take both compensated time and stipend pay during the required absence for civil leave.

(b) Jury Duty Leave. The Gaming Enterprises grant eligible team members paid leave during the required absence for jury service. A team member must promptly notify his or her Director/Manager upon receipt of any notice to appear. If a team member receives any stipend for such jury duty leave, he or she must use PTO during any work absence for such service. No team member shall take both compensated time and stipend pay during the required absence for jury service.

(c) Funeral Leave.

(1) It is the policy of the Gaming Enterprises to provide time for bereavement when death of an immediate family or an extended family member has occurred.

(2) Team members who need to take time off due to the death of a family member should notify their supervisor immediately. Up to thirty-two (32) hours of paid funeral leave will be provided to an immediate family member over a four (4) day period based on a team member's schedule. For an extended family member up to sixteen (16) hours of paid funeral leave will be provided over a two (2) day period based on a team member's schedule. There will be no combination of paid funeral time.

(A) The employer defines "immediate family" as: Team member's father, mother, legal spouse, brother, sister, child, grandparent or grandchild.

(B) The employer defines "extended" family members as: Aunt, uncle, niece, nephew, great grandparent, great grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, first cousin, step-father, step-mother, step-brother, step-sister, step-child, step-grandchild or step-grandparent.

(3) In the case of a spring burial, a team member eligible for the criteria stated in Section PAP.9.7.080(c)(2) above may utilize one day of their original paid funeral leave to attend the burial, or may use any available PTO if original award of funeral leave was used at the time of the death.

(4) Communication and approval from the team member's supervisor must take place prior to the use of funeral leave.

(5) Funeral leave pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses or shift differentials.

(6) Funeral leave will normally be granted, unless there are unusual business needs or staffing requirements. A team member may, with their supervisor's approval, use any available paid leave for additional time off as necessary.

(7) A pallbearer will receive two (2) days of funeral leave and the time must be taken on the day of the wake and the day of the funeral.

(8) Funeral leave may be granted if the following are provided:

(A) The name of deceased;

(B) Relationship to team member; and

(C) Date of funeral.

(9) Unpaid time off may be granted at the discretion of the team member's Director/Manager, in accordance with the above procedure, for the death of any other relative or close friend. Any available PTO leave may also be used.

(d) Committee or Board Leave. The Gaming Enterprises grant eligible team members paid leave to serve on committees or boards of the Tribal Governing Board and may approve leave to participate in other outside boards or committees. A team member must receive prior approval from his or her Director/Manager prior to accepting an appointment or volunteering to sit on any committee or board. A team member may receive a stipend for such committee or board service, he or she shall not need to use PTO during any work absence for such service.. Attendance at any meetings related to such appointment must be preapproved by the team member Director/Manager and such appointment/meetings shall not interfere with a team members work performance and duties.

(e) Maternity Leave. The Gaming Enterprises grant eligible female team members up to two (2) weeks, not to exceed eighty (80) hours for full-time team members or sixty-two (62) hours for part-time team, for time to deliver and care for a newborn child. Part-time team members will have their two (2) weeks of total hours based on their average hours worked over the most recent thirteen (13) weeks. If a team member has medical problems prior to delivery, she may utilize paid maternity leave, subject to the maximum limit, with written verification from her doctor. A team member must request and obtain the prior approval of her Director/Manager to utilize this leave. The paid leave under this section is included in the maximum leave provided for in Section PAP.9.7.100 of this manual.

(f) Paternity Leave. The Gaming Enterprises grant eligible team members up to two (2) weeks, maximum of eighty (80) hours, paid leave to care for a newborn child. A team member must request and obtain the prior approval of their Director/Manager to utilize this leave. The paid leave under this section is included in the maximum leave provided for in Section PAP.9.7.100 of this manual.

(g) Parental Leave. The Gaming Enterprises grant eligible team members up to two (2) weeks, maximum of eighty (80) hours, paid leave for adoption, customary adoption, guardianship, protective placement, or an emergency safety plan of a pre-school (0-5 years of age) child. Leave may be granted prior to the legal proceedings having been completed. An employee must request the leave as early as possible and obtain approval of his or her Director/Manager to utilize this leave. The paid leave under this section is included in the maximum leave provided for in Section PAP.9.7.100 of this manual.

(h) Military Leave. The Gaming Enterprises grant eligible team members up to two (2) weeks days, maximum of eighty (80) hours, paid leave upon presentment of official orders requiring attendance for training or to perform other duties as a member of the United States Armed Forces. A team member serving on military leave with pay will be paid only the difference between compensation fees received for such duties and his or her normal salary. A team member must notify his or her Director/Manager prior to such leave. The Gaming Enterprises will look to the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. § 4301 et. seq. solely as a guideline in determining reemployment of team members who take extended military leave.

(i) Voting Leave. The Gaming Enterprises will grant eligible team members one (1) hour paid leave to exercise the right to vote when the Team Member schedule would otherwise infringe on the right to vote during open polling hours. A team member must request and obtain the prior approval of his or her Director/Manager to utilize this leave.

(j) Birthday Leave. The Gaming Enterprises grant eligible team members a scheduled work-day off of paid leave for the team member's birthday, provided the employee must take such leave within the month of their birthday.

(k) Education Leave. The Gaming Enterprises may grant eligible team members paid release time to attend job-related or degree seeking courses. A team member must consult with his or her Director/Manager prior to registering to ensure the course is acceptable and must request and obtain the prior written approval of his or her Director/Manager with concurrence from the Chief Executive Officer to utilize this benefit. A team member must also have an approved Professional Development Plan on file with the Human Resource office. A team member must promptly provide his or her Director/Manager and the Human Resource Director, with written proof of course completion. A failure to successfully complete a course may jeopardize a team member's ability to obtain approval of subsequent paid release time hereunder. The Gaming Enterprises may pay the tuition, books and associated fees of a team member attending an accredited institution of higher learning. The employee must be attending for the purpose of obtaining a degree or enrolling in courses in a field of study that is related to their position of employment with the Gaming Enterprises. A team member desiring to have the Gaming Enterprises pay these expenses must have an approved Professional Development Plan on file which is approved by Director/Manager and agree to the terms and conditions of an Educational Expense Reimbursement Agreement and is subject to program availability of funding pursuant to Section PAP.9.4.060 of this manual.

(l) Conferences and Meetings. The Gaming Enterprises grant eligible team members time to attend job-related conferences and professional meetings. A team member must consult with his or her Director/Manager prior to registering to ensure the conference or professional meeting is acceptable. A team member must request and obtain the prior written approval of his or her Director/Manager to utilize this benefit.