§2.01
Employment

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Rev. 06/14

  1. Applicability
  2. Nondiscrimination and Harassment
  3. Affirmative Action and Equal Employment Opportunity
    1. Affirmative Action and Equal Employment Opportunity Policy
    2. Affirmative Action Compliance Program
  4. Reasonable Accommodation
    1. General
    2. The Interactive Process
    3. Medical Documentation
    4. Special Selection
  5. Recruitment and Selection
    1. Policy
    2. Responsibilities
    3. Recruitment
    4. Selection
    5. Employment of Minors or Near Relatives, Including Domestic Partners (Revised 06/30/11)
    6. Terms and Conditions of Employment (Revised 06/14/11)
    7. Links to Additional Information and Resources for Recruitment and Selection
  6. Types of Appointments
    1. Career
    2. Faculty
      1. UC Faculty
      2. Visiting Faculty
    3. Laboratory Management
    4. Term
      1. General
      2. Appointment
      3. Applicability of Policies
    5. Limited
    6. Visiting Researcher
    7. Graduate Student Research Assistants
    8. Student Assistant Employee Classification (Revised 06/20/11)
    9. Rehired Retirees
      1. Scope
      2. Internal Revenue Service (IRS) Restrictions for Preserving the Tax-Qualified Status of the UC Retirement Plan (UCRP)
      3. University Policy Restrictions
    10. Applicability of Benefits

 

A.  Applicability

This policy is applicable to all employee classifications: career, term, faculty, postdoctoral fellow, visiting researcher, limited, rehired retiree, graduate student research assistant (GSRA), and student assistant. This policy is also applicable to any person seeking employment at Lawrence Berkeley National Laboratory (the Laboratory).

B.  Nondiscrimination and Harassment

The Nondiscrimination Policy has been moved to the Requirements and Policies Manual wiki at https://commons.lbl.gov/display/rpm2/Nondiscrimination+Policy.

C. Affirmative Action and Equal Employment Opportunity

1. Affirmative Action and Equal Employment Opportunity Policy

The Laboratory is an affirmative action/equal opportunity employer. The Laboratory undertakes affirmative action for minorities and women, for persons with disabilities, and for covered veterans.[4]

2. Affirmative Action Compliance Program

  1. Consistent with its affirmative action obligations and all other operative legal requirements, the Laboratory’s affirmative action program includes implementation of policies, practices, and procedures to ensure that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment at the Laboratory.

  2. Responsibilities

    1. The Laboratory Director, as the Equal Opportunity Officer, appoints the Equal Employment Opportunity / Affirmative Action (EEO/AA) Officer to administer the Affirmative Action Compliance Program.

    2. Division directors are responsible for implementing the Affirmative Action Compliance Program in the units for which they are responsible, with particular attention to hiring, promotion, and employee development, and for evaluating managers and supervisors on their effectiveness, including their good-faith efforts to implement the program.

D. Reasonable Accommodation

1. General

The Laboratory provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled, and need assistance to perform the essential functions of their position. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.

2. The Interactive Process

The interactive process is an ongoing dialogue between the employee and appropriate representatives of the Laboratory about possible options for reasonably accommodating the employee’s disability. Options may include, but are not limited to, a modified work schedule, a leave of absence, reassignment, modified equipment, assistive devices, modification of existing facilities, and restructuring the job. Both the Laboratory and the employee are expected to participate in the interactive process.

During the interactive process the Laboratory considers information related to: the essential functions of the job, functional limitations, possible accommodations, the reasonableness of possible accommodations, and implementation of a reasonable accommodation.

University and Laboratory procedures provide further guidance on the implementation of the interactive process.

3. Medical Documentation

The employee is responsible for providing medical documentation to assist in understanding the nature of the employee’s functional limitations. When necessary, the Laboratory may require that the employee be examined by a Laboratory-appointed licensed health care provider. In such a case, the Laboratory shall pay the costs of any medical examinations requested or required by the Laboratory.

4. Special Selection

Any employee who becomes disabled may be selected for a position that has not been publicized (see Paragraph (E)(3)(a)(vii) (Recruitment) below).

E. Recruitment and Selection

1. Policy

The Laboratory will recruit from within and outside its workforce to obtain qualified applicants. Every good-faith effort is made to inform and recruit qualified applicants in conformance with the objectives as set forth by the Laboratory Affirmative Action Compliance Plan. The duties and responsibilities of the vacant position and the qualifications necessary to perform those duties and responsibilities are identified before recruitment begins.

It is the goal of the Laboratory to maximize the opportunity for the promotion of qualified career employees to positions either in their current division or elsewhere in the Laboratory and to encourage career employees to apply for open positions that would further their career development. It is important that each supervisor emphasize the right of the employee to apply for promotion opportunities; however, the employee is responsible for doing so.

2. Responsibilities

  1. Under the general direction of the Head of the Human Resources Department, the Recruitment unit has responsibility for development and implementation of recruitment programs.

  2. The EEO/AA Officer reviews, monitors, and evaluates the effectiveness of recruitment programs in meeting affirmative action objectives, and consults and advises on methods for meeting those objectives.

  3. Division directors and Operations department heads (hereinafter “hiring manager”), in conjunction with the Human Resources Center (HR Center), define the duties and qualifications of the vacant position.   In conjunction with the HR Center, the Recruitment unit of Human Resources will advise and assist hiring managers in determining the most effective recruitment plan for the vacant position.

3.   Recruitment

  1. Recruitment is not required when a position is to be filled by
    1. demotion or lateral transfer of an employee within the same division or department;
    1. reassignment of an incumbent employee without a change in general job duties, responsibilities, or classification within the same division or department;
    1. lateral transfer of incumbent employees to another division or department as a result of a reorganization including the transfer of the budgetary provisions for the employees;

    2. recall or preferential rehire of a career employee who has been laid off or received formal notice of layoff;
    1. transfer of a career employee in accordance with RPM 2.21(B)(1) (Reduction in Force/Policy) in order to avoid a layoff;

    2. transfer or re-employment of an employee in accordance with RPM Paragraph (B)(4) (Reasonable Accommodation), §2.21(E) (Medical Separation), §2.12(F) (Pregnancy Disability Leave), or §2.13 (Family Care and Medical Leave);
    1. appointment of a qualified employee who has become disabled;
    1. an employee whose responsibilities or title have changed as a result of a reorganization or reassignment of functions among positions within the same organizational unit;
    1. appointment of an individual into a limited, student assistant, Graduate Student Research Assistant (GSRA), faculty, visiting faculty, visiting researcher or rehired retiree position;

    2. an employee who is competitively selected for a University-sponsored internship program, and upon completion of the internship and with the approval of the hiring manager, is appointed to a vacant position for which he or she meets the minimum qualifications.

Recruiting requirements for a career position as defined in this policy apply when the need for a term appointment extends beyond the maximum term of five years. For information regarding scientific term appointments, including postdoctoral fellows, see RPM §2.07 (Professional Research Staff).

  1. Recruitment may be limited to Laboratory employees if the applicant pool is diverse enough to allow the hiring supervisor a meaningful choice in obtaining the essential job-related skills, knowledge, abilities, and other qualifications, including meeting affirmative action objectives.
  1. Recruitment may be limited to applicants in the Laboratory’s resume database if the position is re-opened within six months of the original posting and the applicant pool is diverse enough to allow the hiring supervisor a meaningful choice in obtaining the essential job-related skills, knowledge, abilities, and other qualifications, including meeting affirmative action objectives.
  1. Individual exceptions to the recruitment requirement may be approved by the Head of the Human Resources Department and Head of the Workforce Diversity Office through the waiver of recruitment process.
  1. Job vacancies must be posted for a minimum of two weeks.  However, recruitment strategies must allow sufficient time to establish a qualified and diverse applicant pool.
  1. In order to verify information about an applicant’s qualifications, current or former supervisors who can provide relevant information must be contacted.  If the applicant is a Laboratory employee, the selecting supervisor must obtain a written assessment or a current performance evaluation from the current supervisor and submit it with the recommendation for hire to the division director for approval.

4.   Selection

The selection decision must be based on the match of the applicant’s qualifications against the job requirements and essential duties defined in the posting and position description.

  1. Career employees who have preferential rehire status will be granted preference over other applicants in accordance with RPM §2.21(B)(9)(b) (Preference for Re-employment).
  1. If, in the opinion of the hiring manager, two or more applicants are substantially equally qualified, consideration will be given to the objective of providing promotional and transfer opportunities to career employees.

5.  Employment of Minors or Near Relatives, Including Domestic Partners (Revised 06/30/11)

6.  Terms and Conditions of Employment (Revised 06/14/11)

7.   Links to Additional Information and Resources for Recruitment and Selection

  1. Travel Expenses of Applicants

See RPM §11.08(N) (Non-Laboratory Personnel) for information on payment of travel costs for the purpose of a personal interview of an applicant.

  1. Reimbursement for Meals

See RPM §11.02 (Conferences [Hosted, Co-Hosted or Travel To]).

  1. Moving Expenses

See RPM §4.01 (Relocation Policy) for information on allowable relocation costs.

F.  Types of Appointments

1.   Career

A career appointment is an appointment established at a fixed percentage of time at 50 percent or more of full time for an indefinite period.

In addition, a limited appointment shall be designated as a career appointment when the incumbent has attained 1,000 hours of qualifying service in any 12 consecutive months without a break in service of at least 120 consecutive calendar days.  Qualifying service includes all time on pay status in one or more limited appointments within the University of California system.  On-call and overtime hours shall not be included as pay status hours when computing qualifying service. Such career designation shall be effective the first of the month following attainment of 1,000 hours of qualifying service.

2.   Faculty

  1. UC Faculty

Some University of California faculty members have dual employment between a campus of the University and the Laboratory. Their appointment as faculty at the Laboratory is contingent upon their campus faculty appointment and is subject to UC Academic Personnel Policy. See RPM §2.07(C)(9) (Appointments of University of California Faculty).

  1. Visiting Faculty

Visiting faculty are members of the faculty of non-University of California colleges and universities.  They are eligible for benefits, vacation, or sick leave in accordance with their appointment type. See RPM §2.07(C)(11) (Visiting Faculty and Visiting Researcher).

3.   Laboratory Management

This policy applies to appointees and incumbents in the University of California Senior Management Group (SMG) and positions designated as Upper Laboratory Management, collectively referred to as Laboratory Management or Laboratory Managers.  The positions covered by this policy are found on the Lawrence Berkeley National Laboratory Management Positions list.

Appointees and incumbents in positions designated as Laboratory Management have responsibility for defining overall Laboratory policy and direction. Laboratory Managers are appointed by and serve at the discretion of the Regents, the President of the University of California, or the Laboratory Director, as appropriate. All such appointments are at will and may be terminated at any time with or without cause.

The following policies do not apply to positions designated as Laboratory Management due to the at will nature of such appointments.

Appointees entering Laboratory Management positions who hold Laboratory scientific staff appointments (see RPM §2.07 (Professional Research Staff)) will retain that parallel classification while serving as Laboratory Managers. In addition, Laboratory Managers will, when appropriate, be considered (using normal Laboratory procedures) for entrance into or advancement in such parallel scientific classifications.

When an incumbent's appointment in a position designated as Laboratory Management is terminated, he or she will be returned to the appropriate parallel Laboratory scientific classification, held or attained.

If a decision is made to also terminate an appointee’s parallel scientific classification, the applicable provisions of RPM policies §2.05 (Management/Employee Relations), §2.07 (Professional Research Staff), and §2.21 (Terminations) must be followed.

Additional employment policies for positions included in the University Senior Management Group may be found in Senior Management Group (SMG) Human Resources Policies. Additional employment policies for positions included in the Upper Laboratory Management Series may be found in RPM §2.27 (Upper Laboratory Management).

4.   Term

  1. General

Term appointments apply to staff hired to work on a specified project of clearly limited duration for six months to five years.  If the initial appointment is between six and twelve months, the individual must be on a fixed 100% schedule.  If the initial appointment is one year or more, the appointment must be fixed at 50% time or more.  Time spent in term appointments is cumulative and may not exceed five years.  Time spent in Postdoctoral Fellow appointments is excluded from the five-year limit. For information regarding scientific term appointments, including postdoctoral fellows, see RPM §2.07 (Professional Research Staff).

  1. Appointment

If a term employee is on an approved paid or unpaid leave of absence for one month or longer, his or her appointment may be extended by the length of the leave but only up to one year beyond the five-year maximum. 

Term appointments are made by a hiring manager after a thorough search for suitable candidates or as otherwise provided by Laboratory policy. (See also Paragraph (E)(3)(b) (Recruitment), above.)

In order for an employee in a scientific non-career track term appointment to move to a career appointment, they must apply and compete for a career position. For information regarding scientific career-track term appointments, see RPM §2.07 (Professional Research Staff).

  1. Applicability of Policies

Term appointees are covered by all Laboratory policies, with the following exceptions:

5.   Limited

A limited appointment is an appointment established at any percentage of time, fixed or variable, that is expected to continue for less than 900 hours in a 12-month period.  See also Paragraph (F)(1) (Types of Appointments/Career).

6.   Visiting Researcher

  1. Visiting researchers are individuals who are on an approved leave from their home institution.  The home institution does not need to be a university or college, nor does the individual have to be a faculty member of any institution (see RPM 2.07(C)(11) (Visiting Faculty and Visiting Researcher)).

  2. The approved leave is confirmed in a letter from the home institution that provides the dates of the leave, full salary of the individual, and what, if any, portion of the salary will be paid by the home institution during the leave.  A letter is not required for a faculty member from outside the University of California system who is at the Laboratory for the summer intersession only.  If the stay continues into the fall term, a letter is required.

  3. The duration of the appointment will be between three and 12 months at 100% time. The initial appointment is not to exceed one year.  The total length of consecutive service must not exceed two years. If the appointment extends into a second year, and was not included in the initial letter, a new letter of confirmation is required from the home institution.

  4. While recruitment is not required, if a visiting researcher is later considered for a change of status to a corresponding appointment as a term or career appointee, the change of status will be treated as a new appointment subject to the usual recruitment policies.

  5. Salary is determined on a case-by-case basis.

  6. Visiting researchers are eligible for mid-level benefits. They are not eligible for participation in UCRP membership.

7.   Graduate Student Research Assistants

Graduate student research assistants (GSRAs) must be registered graduate students of the University of California, and eligible for a Graduate Student Researcher appointment on their campus. University of California rules and regulations pertaining to graduate students in the various disciplines normally apply. GSRAs work a fixed percentage schedule and receive a flat monthly salary in accordance with their campus department policies. They are also eligible to receive fee remissions, including health insurance benefits, and nonresident tuition as determined by the University of California policies and as implemented for graduate student researchers on the individual campuses.

8.   Student Assistant Employee Classification (Revised 06/20/11)

9.   Rehired Retirees

  1. Scope

  2. Employees who have retired from the Laboratory, or any University of California location , including the UC-managed Department of Energy laboratories, may be re-employed by the Laboratory as a Rehired Retiree in accordance with the provisions of the UC Re-employment of UC Retired Employees Into Senior Management Group and Staff Positions policy.The following sections are highlights from the policy.

  3. Internal Revenue Service (IRS) Restrictions for Preserving the Tax-Qualified Status of the UC Retirement Plan (UCRP)
  4. The Internal Revenue Code imposes restrictions on the timing of the distribution of benefits to participants in defined benefit plans such as UCRP. Generally payments are permitted when an employee retires or attains normal retirement age. Otherwise, retirement benefits should remain in the plan so they will be available to provide support to participants after they cease working. 

    Normal retirement age under UCRP means age 60 with a minimum of 5 years of University and Laboratory service credit for all other members. Once an employee attains normal retirement age, the IRS no longer is concerned about an employee’s access to retirement funds because those funds were intended to be available at that age.

  5. University Policy Restrictions

    1. Laboratory Need
    2. Re-employment must be as a result of Laboratory need, such as the Retired Employee possesses skills and institutional knowledge that the hiring department cannot otherwise obtain with equal cost effectiveness, the hiring department anticipates a prolonged process for hiring a replacement, or the hiring department anticipates that the Retired Employee will assist a replacement to acquire necessary skills and knowledge.

      For situations in which a Retired Employee is re-employed on a temporary basis into a career position (such as the same position held before retirement or another vacant career position), the job must be posted and a search begun within 30 days of the vacancy being created and a minimum 30-day recruitment must be held.

    3. Break in Service
    4. A Retired Employee must not be re-employed until there has been a break in service of at least 30 days, but preferably 90 days. 

    5. Appointment Percentage
    6. Due to potential Medicare complications and to minimize situations where individuals draw a retirement benefit and another UC income simultaneously, this policy requires that Retired Employees be re-employed with an appointment of no more than 43% during any 12-month period. 

    7. Duration of Re-employment
    8. Re-employment in one or multiple positions must not exceed at total of 12 months.  Extensions beyond 12 months may be requested.

    9. Re-employment and Suspension of Monthly Retirement Income
    10. A Retired Employee who is receiving UCRP monthly retirement income, but agrees to suspend the payments, may be re-employed temporarily as a Rehired Retiree, or re-employed in a career appointment or term appointment subsequent to an appropriate recruitment and break in service, without being subject to the policy restrictions in sections (c)(i), (c)(iii), and (c)(iv) above, but is subject to section (c)(ii).  is

      A Retired Employee who took a lump sum cashout may be re-employed temporarily as a Rehired Retiree and is subject to the policy restrictions in sections (c)(i)(iv) above.

      A Retired Employee may not be employed as a contract worker from a temporary worker agency.  A Retired Employee may be employed as a consultant if they are either employed by a consulting agency or own their own business.  A Retired Employee may be a consultant for the Laboratory after they have not worked during the previous rolling 12-month period.

10.   Applicability of Benefits

Employee eligibility for benefits may be found at the University of California, Human Resources and Benefits Web site and in RPM §2.08 (Vacation Leave), §2.09 (Sick Leave), §2.10 (Holidays), 2.12 (Leave of Absence Without Pay), §2.13 (Family Care and Medical Leave), and §2.14 (Military Leave).
___________________
Footnotes:

  1. Pregnancy includes pregnancy, childbirth, and medical conditions related to pregnancy and childbirth.

  2. Service in the uniformed services includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

  3. University of California Nondiscrimination and Affirmative Action Policy Regarding Academic and Staff Employment; Nondiscrimination and Affirmative Action Policy Statement for University of California Publications Regarding Employment Practices; Academic Personnel Policy 035, Affirmative Action and Nondiscrimination in Employment; Personnel Policies for Staff Members 12, Nondiscrimination in Employment; University of California Policies Applying to Campus Activities, Organizations, and Students; and Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters.

  4. Covered veterans includes veterans with disabilities, recently separated veterans, Vietnam era veterans, veterans who served on active duty in the U.S. Military, Ground, Navel or Air Service during a war or in a campaign or expedition for which a campaign badge has been authorized, or Armed Forces service medal veterans.

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