7/29/20
Does FMLA Apply? • Answer: It Depends • Ownership • Tribe – No • Tribal Entity – Unclear • Application of other law • Tribal Constitution • Indian Civil Rights Act • Ordinances
• Gaming compacts • Various documents
• Employment contracts • MOU/MOA with agencies that require compliance in exchange for funding
• Tribal Custom/Tradition
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Other Federal Employment Laws
• Employee Retirement Income Security Act • Standards for voluntarily established pension or welfare-benefit plans • Not applicable to benefit plans if it covers employees in traditional governmental roles • Applicable to plans where the tribe is engaged in commercial activities • Consolidated Omnibus Budget Reconciliation Act • Requires continuation of health insurance for up to 18 months after an employee leaves • Not applicable to insurance plans maintained by tribes if employee is employed in a traditional governmental role • Applicable to plans for commercial tribal enterprises
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