POLICY 12.1 Employee Benefits Summary

Regular Full-Time employees at CNHHS are provided a wide range of benefits. A number of the programs (such as Social Security, tribal workers’ compensation, and unemployment insurance) cover all employees in the manner prescribed by law.

Benefits eligibility is determined upon a variety of factors, including employee classification. Please check with the Human Resources Manager or Administrator for the programs for which you are eligible. Some benefit programs require contributions from the
employee, and some are fully paid by the agency.

The following benefit programs may be available to all Regular Full-Time and some Part-Time employees:

  • Aflac-(Accident Indemnity Advantage, Short Term Disability, Cancer Care, Critical Care & Recovery Plus Intensive Care, Hospital Advantage Plan, & Life Insurance)
  • Benefit Continuation at termination (COBRA)
  • Dental
  • Vision
  • Medical Insurance
  • 401k
  • Flexible Spending Account (FSA)

The following benefit programs may be available to all Full Time Equivalent employees:

  • Medical Insurance
  • Benefit Continuation at termination (COBRA)
  • 401k

Temporary employees working 180 days or less for CNHHS will not be eligible for
any employee benefits that are currently offered to non-temporary employees except for
Social Security and Tribal Worker’s Compensation

POLICY 12.2 AFLAC

The agency offers Aflac to all Regular Full Time and some eligible Part Time Employees (Excludes Personal Care Aides).

Aflac benefit rates differ depending on the premium chosen by employee. Employee will be responsible for full premium.

Aflac benefits will be offered to eligible employees after thirty (30) days of employment. Effective date will be the first of the month following thirty (30) days of employment.

The following plans are available:

  • Accident Indemnity Advantage
  • Short Term Disability
  • Cancer Care
  • Critical Care & Recovery Plus Intensive Care
  • Hospital Advantage Plan
  • Life Insurance

POLICY 12.3 Benefits Continuation (COBRA)

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the agency’s health plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee’s hours or a leave of absence; an employee’s divorce or legal separation; and a dependent child, no longer meeting eligibility requirements. COBRA coverage is not extended to employees terminated for gross misconduct. Under COBRA, the employee or beneficiary pays all the cost of coverage at group rates plus an administration fee.

The agency provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under CNHHS health insurance plan. The notice contains important information about the employee’s rights and obligations.

POLICY 12.4 Dental

The agency offers dental insurance to all Regular Full Time and some eligible Part Time Employees (Excludes Personal Care Aides).

Employee will be responsible for 100% of the monthly premium for Dental Insurance.

Dental benefits will be offered to eligible employees after thirty (30) days of employment. Effective date will be the first of the month following thirty (30) days of employment.

POLICY 12.5 Vision

The agency offers vision insurance to all Regular Full Time Employees and some eligible Part Time Employees (Excludes Personal Care Aides).

Employee will be responsible for 100% of the monthly premium for Vision Insurance.

Vision benefits will be offered to eligible employees after thirty (30) days of employment. Effective date will be the first of the month following thirty (30) days of employment.

POLICY 12.6 Medical Insurance

The agency provides a comprehensive medical insurance benefit to all Regular Full-time Employees.

Seventy five percent (75%) of the monthly premium for Health Insurance benefits for the employee only will be paid by the company and the remaining twenty five percent (25%) will be paid by the employee. One hundred percent (100%) of the monthly premium for spouse and/or dependents will be paid by the employee.

Health insurance benefits will be offered to eligible employees after thirty days (30) of employment, in accordance with the current insurance carriers’ guidelines for enrollment. Effective date will be the first of the month following thirty days (30) of full time employment.

POLICY 12.7 Workers’ Compensation

PURPOSE: To provide against medical expenses and loss of income for employees who incur work-related injuries or occupations illness as set forth by the Cherokee Nation Workers’ Compensation Act.

POLICY: It is the policy of the Cherokee Nation to provide coverage for employees who may experience a work-related injury or an occupational illness. Eligible medical expenses and time lost from work will be compensated, in accordance with the Cherokee Nation Workers’ Compensation Act as governed by the laws set forth by the Council of the Cherokee Nation. No other workers’ compensation law, including but not limited to that of the State of Oklahoma, is applicable to injuries or death sustained by them.

DEFINITIONS:
Work-Related Injury:
Means ONLY injuries arising out of and in the course of employment and such disease or infection as that naturally result therefrom.
Occupational Illness: Means ONLY a disease or illness which is due to causes and conditions characteristic of or peculiar to the particular trade, occupation, process or employment in which the employee is exposed to such disease as a result from employment at Cherokee Nation.

PROCEDURE:
A. RESPONSIBILITY
1. When an employee sustains a work-related injury or contracts an occupation disease, he or she must IMMEDIATELY notify his/her supervisor.
2. If medical attention is necessary, the employee should seek treatment in a manner conducive to the nature of the injury or illness. If the employee seeks medical treatment at the time of injury, Human Resources must be notified immediately in order to authorize medical treatment.
3. Upon notification by the employee, the supervisor must complete the required Supervisor’s Report of Injury form and submit to Human Resources Benefits Department with one(1) business day. Failure on the supervisor’s part may result in disciplinary action taken against the supervisor.
Human Resources will provide the employee with a copy of the Cherokee Nation Human Resources Policy Chapter V, Section C. “Work-related Injuries or Occupational Illness”, to serve as notification to the employee of the policy and procedures, including his/her responsibilities.
4. Human Resources will report (and maintain the related records) the injury or illness to the third part administrator or insurance company to determine compensability.

B. LEAVE OF ABSENCE
1. If an employee is disabled due to a work-related injury or occupational illness, he/she must submit written proof of said disability from the approved treating physician. The written proof must be submitted to the supervisor and a copy must be submitted to Human Resources Benefits Department.
2. The employee may utilize available sick and/or annual leave only for the first three (3) days of disability. Days number four and beyond are considered for compensability under the Cherokee Nation Worker’s Compensation Act.
3. The employee may be subject to the provision of the Family Medical Leave Act (FMLA) should the injury qualify as a serious health condition.
4. The employee may be offered a temporary modified duty position on a case-by case basis for up to twelve weeks. If the employee refuses the modified duty assignment, then the temporary total disability benefits cease.
5. When, and if, the employee is able to return to work, as determined by his/her approved treating physician(s), he/she must submit a written release to his/her supervisor, and a copy to Human Resources Benefits Department with twenty-four (24) hours of receipt of documentation. The written release from his/her treating physician should indicate a full release (no restrictions or limitations) or a partial or restricted release (restrictions or limitations). A partial or restricted release must specify any restrictions and/or limitations, and their duration, placed on the employee’s work activities. No employee will be allowed to return to work without first submitting a written release to his/her supervisor and a copy to Human Resources Benefits Department.
6. Workers’ Compensation benefits shall cease the following business day after written release by the employee’s treating physician. Should the employee fail to report to the employer on the next business day, the employee shall be deemed to be absent without leave, and should the employee, once released to return to work, fail to report to the employer within twenty-four (24) consecutive working hours, the employee may be terminated for job abandonment.

C. FOLLOWUP AND INQUIRIES
1. Employees and supervisors must report activities relating to the work-related injury or occupational illness to Human Resources as they occur. Human Resources Benefits Department will relay the information/documentation to the appropriate officials.
2. Employees and supervisors may request a copy of the Cherokee Nation Workers’ Compensation Act from the Benefits Department.
3. Employees and supervisors should contact Human Resources Benefits Department if they have any questions relating to the work-related injury or occupational illness (i.e., benefits, procedures, etc.)

Notice of Workers’ Compensation

All employees are covered by workers’ compensation insurance, which compensates an employee for the lost time, medical expenses and loss of life or dismemberment from an injury arising out of or in the course of business.

CHEROKEE NATION HOME HEALTH SERVICES
A Tribal Corporation owned by Cherokee Nation

Acting in accordance with Legislative Act 8-04 of the Cherokee Nation Tribal Council

NOTICE TO WORKERS
All covered workers are hereby notified that the Cherokee Nation is a sovereign Nation for purposes of workers’ compensation, governed by the laws set forth by the Tribal Council of the Cherokee Nation and that no other workers’ compensation law, including that of the State of Oklahoma, is applicable to injuries or death sustained by a covered worker. If you do not fully understand the terms, conditions, and provisions of the Cherokee Nation Workers’ Compensation Act, contact your supervisor or the human resources office for further details. The right to receive workers’ compensation pursuant to the provisions of the Act for injuries or death sustained by a claimant shall be the exclusive remedy against the employer.

POLICY 12.8 401(k) Plan

CNHHS provides a 401(k) Retirement Savings Plan to help employees accumulate financial resources for retirement.

The Plan allows employees to elect how much of their salary they want to contribute to the Plan and to direct the investment of their funds into professionally managed investment funds. CNHHS does not make any matching contribution.

To be eligible for the Plan, an employee must complete 12 months of service and be 21 years of age or older.

The employee contribution to the Plan is deducted on a pre-tax basis, saving the employee tax dollars by having their current taxable amount reduced each pay period.

Complete details of the 401(k) savings plan are described in the Summary Plan Description provided to eligible employees. Contact the Human Resources office for more information about the 401(k) plan.

POLICY 12.9 Flexible Spending Account

CNHHS offers a Flexible Spending Account (FSA) Program to all regular full-time employees which enables employees to set aside a portion of their annual salary to pay qualified non-reimbursed medical expenses and qualified dependent care expenses incurred during the year before taxes are calculated.

Health Care Spending Account-reimburses employee for certain qualified medical, dental, prescription, vision and hearing expenses. The employee’s minimum contribution will be $500 and may not exceed $2,000 per plan year.

Dependent Care Spending Account-reimburses employee for dependent care at a licensed facility, services from unrelated individuals, care at a dependent care center and other qualified dependent care expenses. The employee’s minimum contribution will be $500 and may not exceed $5,000 per plan year.

Plan year for the FSA program begins on August 1st and ends on July 31st with open enrollment being July for the upcoming plan year. Once enrolled, employees may not change or stop his/her contribution rate.

New regular full-time employees are eligible to enroll in the FSA plan & will be effective on the 1st of the month following 30 days of employment.

Refer to FSA enrollment packet for further detail regarding FSA plan.

Effective 01/01/2016
Revised 07/23/2019 Board Approve 10/28/2019

POLICY 12.10 Basic Life and AD&D

The agency provides Basic Life and Accidental Death and Dismemberment insurance to all Regular Full Time Employees at no cost to employee effective the first of the month following 30 days of continuous, full time active work.

Schedule of Benefits: Effective August 1, 2018

GROUP TERM LIFE INSURANCE

Group Term Life Insurance
Employee Basic Life
Benefit Amount
50,000
Reduction of Benefits
Basic Group Term Life benefits reduce by 35% of the original amount at age 65 and further reduce to 50% of the original amount at age 70. Benefits terminate at retirement.

Waiver Premium

Waiver Eligibility
Totally Disabled prior to age 60 without interruption from the last date worked for at least 9 months
Insured Eligibility Maximum Waiver of Premium Duration
Employee Age 65

Accelerated Death Benefit (ADB)

Benefit Amount
75% Basic Term Life Insurance In force
Insured Eligibility
Employee
Minimum Covered Life Insurance Amount
$15,000
Maximum ADB Payment
$250,000
Minimum ADB Payment
$7,500

GROUP ACCIDENTAL DEATH & DISMEMBERMENT

Employee Basic AD&D Coverage Amount
$50,000
Reduction of Benefits
Basic Accidental Death and Dismemberment benefits reduce by 35% of the original amount at age 65 and further reduce to 50% of the original amount at age 70. Benefits terminate at retirement.
Seat Belt Benefit
10% of Employee Coverage Amount, to a maximum of $25,000
Air Bag Benefit
5% of Employee Coverage Amount to a maximum of $5,000
Repatriation Benefit
Actual costs to a maximum of $5,000