HR Emergency Documentation & Attendance Policy

• This document outlines the attendance procedure for the Choctaw Nation of Oklahoma (CNO) associates
• The document is labeled TW HR 235AP Attendance Procedure
• The current effective date of this document is December 5th, 2024
• This is a tribal-wide document, applying to associates across various divisions within the CNO
• This document serves as a guide for administering the TW HR 235A Attendance Policy

Scope

• This procedure applies to all Choctaw Nation of Oklahoma associates involved in the attendance process for hourly non-exempt roles
• These roles include Head Start, Child Care, Gaming, Hospitality, Travel Plaza, Country Marketplace, Food & Beverage, Dispatch, and those at casino locations

Exclusions

• The following associates are excluded from this procedure and will instead follow TW HR 235 Attendance Policy:
  • Temporary and Per Required Need (PRN) associates
  • Human Resources (HR) staff
  • Information Technology (IT) staff
  • Back of House (BOH) associates with written approval from their Senior Director, HR, and immediate supervisor
  • Exempt associates who follow schedules set by their area/division and call-in procedures

Responsibilities

• The Choctaw Nation of Oklahoma has established clear responsibilities related to this procedure
  • All associates must comply with this procedure, other policies, procedures, laws, and regulations of the CNO
  • Associates must report any non-compliance
  • Violations of the above responsibilities will result in disciplinary action, up to and including termination or legal/criminal actions.
• All associates and vendors must understand and comply with laws, rules, regulations, and compacts related to tribal gaming
  • Including those set by the National Indian Gaming Commission (NIGC) and the Choctaw Nation Gaming Commission (CNGC)
• Records Management: Records related to this procedure must be stored electronically or manually and be made available upon request to approved individuals

Procedure - General

• Associates are responsible for being on time for all scheduled work, shifts, mandatory meetings, and training
• Management is required to give at least seven (7) days' notice if an associate is required to attend a mandatory meeting or training outside of regular hours
• If an associate has a scheduling conflict, they must notify management as soon as possible.
• Management must work with the associate to find an alternative date for the mandatory meeting or training, no later than ten (10) days from the original date.
• Time spent at mandatory meetings/trainings is considered work time and must be reflected on the associate's timecard.
• Paid and Unpaid Leave are benefits provided to associates, and associates will submit time off requests in accordance with applicable policies, procedures, laws, and/or regulations.

Procedure - Time Off

• Supervisors/managers will attempt to accommodate time off requests
• Disciplinary action may arise for associates who are denied time off but still miss work
• Associates should refer to the TW HR 209 Paid and Unpaid Leave of Absence Policy for further information
• Unless physically unable, associates must personally notify their supervisor/manager as soon as possible (or by the start of their shift) if they unexpectedly miss work
• If late or absent, associates are expected to speak directly to their supervisor via a phone call
  • With departmental approval, texting is allowed, but a confirmation text from the supervisor is required
  • If no confirmation text is received, associates must call their supervisor
• Failure to report to work or notify their supervisor/manager is considered a No Call - No Show (NCNS)
• Two consecutive NCNS instances are considered job abandonment and voluntary resignation

Blackout Dates

• Predesignated dates that often include major holidays and/or events with high business demands
• Associates are scheduled on Blackout Dates to ensure that business needs and Guest service standards are met
• Management will communicate each Blackout Date at least two (2) weeks beforehand
• Blackout Dates apply to the entire day and the entire property, not limited to specific timeframes or departments
• With the supervisor's/manager's approval, preapproved time off may be allowed on Blackout Dates

Attendance Classification

• Absences and tardies are classified as either No-Fault or At-Fault
• No-Fault absences/tardies occur for pre-approved leave or reasons listed under the No-Fault Circumstances section
• If the first day of an absence is categorized as No-Fault, subsequent days are considered No-Fault as well.
• For example, if someone is admitted to the hospital and informs management of the situation on their first day, the three days are considered No-Fault absences
• At-Fault absences/tardies occur when an associate misses work for any other reason
• Associates can be disqualified from a Perfect Attendance Incentive Program even if an absence is classified as No-Fault.
• Perfect Attendance Incentive Programs are approved/denied by the division's top-ranking executive or officer

No-Fault Circumstances

• Pre-approved paid and/or unpaid leave
• Any emergency involving an associate or a qualifying family member
• Documentation of the emergency is required
• An HR representative will forward the documentation to Central Timekeeping (CTK)
• CTK will work in collaboration with HR to review the events and determine if the absence is No-Fault or At-Fault
• If there is a dispute in the aforementioned decision, the Executive Officer (EO) of the HR Department will make the final determination
• Suspension
• Choctaw Family Medical Leave (CFML)
• Associate eligibility for CFML will be determined according to TW HR 206 Choctaw Family Medical Leave (CFML) Policy
• CFML documentation will be completed in a timely fashion, as identified in the TW HR 206P Choctaw Family Medical Leave (CFML) Procedure
• Any requests to adjust attendance points issued by the timekeeping system related to CFML must be submitted within two (2) weeks of CFML designation using the TW HR 234F Attendance Corrections for Previous Pay Periods Form
• An assigned HR Representative will forward pertinent information to CTK within two (2) weeks
• Worker's Compensation Absences
• Absence due to being sent home by management and/or HR

Circumstances resulting in At-Fault Absences

• If an associate is absent/tardy due to a No-Fault Circumstance, their supervisor will reclassify the occurrence to remove any points incurred
• No-Fault attendance occurrences are determined by the reason of the absence/tardy not on whether the associate called-in
• Missed worked without verifiable documentation (1 point)
• If an associate's qualifying family member(s) has a non-emergency injury or illness requiring the associate to miss work to care for the family member, and the associate provides verifiable documentation from a medical provider of the same
• Absences/tardiness beyond the associate's control, including the following:
  • Train traffic stoppage
  • Vehicle failure
  • Traffic
  • Traffic violation
  • Utility outages
  • Arrest and/or jail time

Attendance Corrections

• Submission of Attendance Corrections: All attendance corrections, including those due to a shift bid, must be submitted to CTK within thirty-five (35) days of the absence date
• Disputing At-Fault Classifications: Associates can dispute an attendance occurrence being classified as At-Fault
  • Submitting Corrections: Associates submit corrections via the TW HR 234F Attendance Corrections for Previous Pay Periods Form to their supervisor or HR within thirty (30) days of the incident
  • Management's Responsibility: Management will submit the completed form to CTK within five (5) days upon receipt from the associate
• Approval for Unaddressed Situations: For cases not addressed in TW HR 235A Attendance Policy or this procedure, the Executive Director (ED) of HR can approve attendance corrections
• Notification of Corrections: Management will inform the associate of any submitted corrections
  • Receiving a Copy: Associates wanting a form copy will inform management, who will then provide the associate with a copy of the same

Shift Swap

• If an associate finds someone to cover their shift prior to the start of the shift, then:
  • Supervisor Approval: Approval must be given by the supervisor/manager
  • Overtime Prevention: Supervisors/managers will not approve overtime requests, unless the swapped OT would be incurred by swapping associate
  • Documentation: properly documentes in a completed TW HR 234F Timekeeping Form.
• Supervisors/managers may require the signed Timekeeping Form prior to approving the change
• Accountability: Once a "shift swap" has been approved, the associate agreeing to work the shift will be held accountable for any attendance issues

Fraudulent Documentation

• Submitting fake, false, or altered documentation to support an absence can result in immediate termination
  • Refer to the TW HR 202 Associate Behavior and Conduct Polic

Timekeeping System Points

• The timekeeping system records attendance points for absences and tardies, but not for approved leave
• Supervisors/managers will correct the timekeeping system if an associate was absent/tardy due to a No-Fault event to remove points
• New associates have a starting point balance of zero (0) in the timekeeping system
• Attendance points expire 180 days after the incident date
• Expired points are no longer part of the associate's total point balance
• The number of attendance points recorded by the timekeeping system for At-Fault absences/tardies is in Appendix #11.1

Attendance Credits

• Associates with points for At-Fault attendance occurrences may have the opportunity to earn point credits by working extra hours/shifts within their department
• Associates working a full, regular unscheduled day/shift (double) get one (1) point credit
• Shift and/or day swaps approved by completing TW HR 234F Timekeeping Form do not qualify
• A shift swap requested by management requires completing the TW HR 235AF Attendance Credit Approval Form for the credit
• Employees earning a credit will not be eligible for OT if given a different day off to counteract the credit
• Shifts picked up through Virtual Roster(VR) require a completed TW HR 235AF Attendance Credit Approval Form
• A full, regular unscheduled shift would be for the shift the associate is working
• Any shifts worked to earn a point credit must have approval from managers or their designees before the shift begins
• Workers working two hours or less than a full, regular unscheduled shift will receive one-half point credit
• Workers that take two stay a few hours later when business needs required will earn one-half point credit
• Coming in late and/or staying later to make up work/time does not earn credit
• Workers that arrive early or are allowed to leave early do not earn credit
• Workers cannot bank credit for future use. Kronos will not allow workers to have a negative credit balance

Attendance Notification Process

• Managers/supervisors will use the notification model in order to address any attendance issues that may be raised at certain point levels
• Managers/supervisors will compete all requirements of the progressive Attendance Notification process before termination of duties:
• Attendance notifications are provided by the timekeeping system to identify when attendance becomes an issue
• Managers/supervisors will document each step of the process

Disciplinary Steps

• Step One - Verbal Warning
• Generated when a worker accumulate three (3) points, Kronos automatically produces an performance notification
• Mangers issues verbal warning and fill out with TW HR 235AF Attendance Points Meeting Form; _ The CNOS TW HR 235A Attendance Policy, TW HR 206 Choctaw Family Medical Leave (CFML) Policy, and the TW HR 209 Paid and Unpaid Leave of Absence Policy will be provided at this time
• Step Two - Written Warning
• Generated when a worker accumulates six (6) points, Kronos automatically produces an performance notification
• Mangers issues verbal warning and fill out with TW HR 235AF Attendance Points Meeting Form;
• Managers/supervisors will indicate to the worker that they are trending in a negative direction
• Step Three - Final Written Warning
• Generated when workers accumulate nine (9) points, Kronos automatically produces a performance notification
• The worker's manager will notify them that their attendance has reached an unacceptable level
• Step Four - Termination
• Worker's points have reached an untenable level
• Kronos will automatically generate termination request when the worker's points reach 10
• If there are extenuating circumstances, the HR Department has discretion Attendance Notification Time Frame All progressive steps in the Attendance Notification system can be completed in 180 days

Exceptions to the Actions Notification Model

• Under a new trial period, the accumulation of four or more points may result in termination of employment

Exceptions to the Actions Notification Model

• Supervisor/managers will submit documentation to the HR department

Definitions

• Blackout Dates: Predesignated dates, often inclusive of major holidays and events resulting in high business demands
• Back of House (BOH): One whose primary job duties are not Guest facing
• Emergency: Sudden, unexpected, or impending situation
• Medical emergency: A serious illness
• Qualifying family member: Is the worker’s spouse, child, stepchild, foster child, parent, stepparent, foster parent, parent-in-law, sibling, legal guardian, grandparent. Worker's compensation absence: Is when a worker is approved by worker’s compensation injury

This lesson covers HR's initial steps upon receiving emergency documentation, timelines for submission, and dispute resolution. It also details the no-fault attendance policy, including point assignments for absences with/without documentation. CFML request timelines are also covered.