PAP.7.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Compensatory Time" and "Compensatory Time Off" means paid time off, which is not counted as hours worked during the applicable workweek, or other work period for purposes of overtime compensation, and for which the non-exempt employee is compensated at the non-exempt employee's regular rate.

(b) "Contracted Employee" means an employee who has entered into a written contract, which has been properly authorized and signed by a signatory of the School and the employee which defines the employment relationship. The contract will be for a specified period, and will outline benefits, pay and other conditions of employment. The terms and conditions of employment for Contracted employees may differ from the terms in this personnel policy and procedural manual, and this manual may be incorporated by reference in the Contracted Employee's written contract.

(c) "Employee" means an employee of the School including: Exempt Employee, Non-exempt Employee, Full-time Employee, Part-time Employee, Seasonal Employee, or Temporary Employee.

(d) "Exempt Employee" means an employee who the Human Resources Director, or designee, categorizes as being exempt from accruing compensatory time, and includes executive, administrative, and professional employees who are compensated on a salary basis.

(e) "Extreme Circumstance" means an unscheduled or unplanned circumstance exceeding an ordinary, usual, or expected event.

(f) "Full-time Employee" means an employee regularly scheduled to work thirty-two to forty (32-40) hours per week who has completed the ninety (90) day probationary period. Full-time employees are eligible for employee benefits subject to the limitations of the applicable benefit plans. Additional contracts do not impact eligibility for available benefits.

(g) "Fringe Benefit" means an extra benefit supplementing an employee's salary, such as: health insurance, Worker's compensation, 401(k) benefits, short-term and long-term disability.

(h) "Immediate family member" means Husband, Wife, Son, Daughter, Mother, Father, Brother, Sister, Grandparent, Grandchild, Niece, Nephew, Aunt and Uncle (including great-grandparents, in-laws, and step-relationship etc.). Immediate family member may also include a partner who has been in a relationship for a period of time or in relationship under Ojibwe tradition and practices.

(i) "Independent contractor" means an individual who is not an employee of the School, but rather has entered into a contract with the School, which defines the scope of services. Independent contractors are not employees, do not receive benefits, are not subject to this personnel policy and procedural manual and are governed by a written or verbal contract.

(j) "LCOCHC" means the Community Health Center of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(k) "Long-term Substitute" means an individual that is substituting for more than ten (10) consecutive work days. Long-term substitutes, having completed a background investigation, and must be approved by the department head or director and the School Director. A Long-term substitute's pay shall be according to established salary schedules.

(l) "Management" means the School Director, Department Director(s), and any employee who is assigned permanent or temporary supervisory or decision making authority.

(m) "Midewiwin" means the Grand Medicine Society, the traditional religion of the Anishinaabeg.

(n) "Non-Exempt Employee" means an employee who the Human Resource Director, or designee, categorizes as being non-exempt from accruing compensatory time.

(o) "Part-time Employee" means an employee regularly scheduled to work less than thirty-two (32) hours per week. Part-time employees are not eligible for employee benefits except as otherwise required by law or otherwise provided for in an employment contract with the School.

(p) "Positive Test Result" means a Blood Alcohol Concentration determined to be under the influence as established in Section PAP.7.2.010(bb) andSection PAP.7.8.080(c).

(q) "Probationary Employee" means an employee who has not successfully completed their required probationary period.

(r) "School" means the LCO Ojibwe School – Waadookodaading.

(s) "School Board" means the respective governing bodies of the LCO Ojibwe School – Waadookodaading (the LCO Ojibwe School Board and the Waadookodaading Ojibwe Language Institute Board of Directors) established as a subordinate entities of the Tribe pursuant to 7 LCOTCL Chapter 7 and exercising delegated educational sovereignty on behalf of Tribe.

(t) "School Director" means the individuals employed by the School Board to manage the affairs of the LCO Ojibwe School – Waadookodaading as provided for in this manual, the Employment Ordinance, the Education Ordinance, and other relevant documents.

(u) "Seasonal Employee" means an employee hired for an established period usually during peak workloads or seasonal demands. Seasonal workers may not be eligible for all employee benefits.

(v) "Serious Health Condition" means a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long term health condition which, if left untreated, would result in a period of incapacity of more than three (3) days would be considered a serious health condition.

(w) "Short-term Substitute" means an individual that is substituting for less than ten (10) consecutive work days. Individuals employed as substitutes (Subs) are selected from approved substitute lists generated by the Human Resource Director. Substitute lists are generated from job applications submitted prior to beginning any work and with a minimum background check completed. Substitutes must meet minimum qualifications. Each department head or director is free to choose from the approved list who they wish to have sub under their Department. Sub pay will be determined by the various Departments in accordance with budgetary considerations and approved by the School Director.

(x) "Temporary Employee" means an employee hired for a period of ninety (90) days or less. Temporary employees may work a full-time or part-time schedule and are not eligible for employee benefits and paid leave.

(y) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(z) "Tribal Court" means the Court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(aa) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(bb) "Under the Influence of Alcohol, Illegal Drugs or Controlled Substances" means the following: a Blood Alcohol Concentration that indicates a positive test result as established in Section PAP.7.8.080(c); or are results that confirm the presence of illegal substance; or are results that confirm the presence of a controlled substances that an employee does not have a valid prescription for or the levels exceed the prescribed dosage.

(cc) "Valid Prescription" means a prescription that is current and issued for a medical purpose in the usual course of professional practice by a practitioner or a covering practitioner who has conducted at least 1 in-person medical evaluation of the patient.