§2.01
Employment

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Rev. 12/14

  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 (Sections E.1, E.2, E.3, E.4, and E.7 were moved to the Recruitment and Hiring policy in the RPM wiki at https://commons.lbl.gov/display/rpm2/Recruitment+and+Hiring on 12/1/2014)
    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 — This section has been moved to the Faculty Appointments policy in the Requirements and Policies Manual (12/22/2014).
      1. UC Faculty
      2. Visiting Facuty
    3. Laboratory Management
    4. Term (Moved to the Term Appointments policy at https://commons.lbl.gov/display/rpm2/Appointments%2C+Term in the RPM wiki on 2/11/2015)
    5. Limited (Moved to the Limited Appointments policy at https://commons.lbl.gov/display/rpm2/Appointments,+Limited in the RPM wiki on 1/15/2015)
    6. Visiting Researcher (Moved to the Visiting Researcher Appointments policy at https://commons.lbl.gov/display/rpm2/Appointments%2C+Visiting+Researcher in the RPM wiki on 2/11/2015)
    7. Graduate Student Research Assistants
    8. Student Assistant Employee Classification (Revised 06/20/11)
    9. Rehired Retirees (Moved to the Re-employing Retired Employees policy at https://commons.lbl.gov/display/rpm2/Retired+Employees%2C+Re-employing in the RPM wiki on 2/12/2015)
    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

Sections E.1, E.2, E.3, E.4, and E.7 were moved to the Recruitment and Hiring policy in the RPM wiki at https://commons.lbl.gov/display/rpm2/Recruitment+and+Hiring on 12/1/2014.

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

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 — This policy has been moved to the Faculty Appointments policy in the Requirements and Policies Manual (12/22/2014).

  1. UC Faculty

This policy has been moved to the Faculty Appointments policy in the Requirements and Policies Manual (12/22/2014).

  1. Visiting Faculty

This policy has been moved to the Faculty Appointments policy in the Requirements and Policies Manual (12/22/2014).

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

Moved to the Term Appointments policy at https://commons.lbl.gov/display/rpm2/Appointments%2C+Term in the RPM wiki on 2/11/2015.

5.   Limited

Moved to the Limited Appointments policy at https://commons.lbl.gov/display/rpm2/Appointments,+Limited in the RPM wiki on 1/15/2015.

6.   Visiting Researcher

Moved to the Visiting Researcher Appointments policy at https://commons.lbl.gov/display/rpm2/Appointments%2C+Visiting+Researcher in the RPM wiki on 2/11/2015

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

Moved to the Re-employing Retired Employees policy at https://commons.lbl.gov/display/rpm2/Retired+Employees%2C+Re-employing in the RPM wiki on 2/12/2015.

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).
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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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