Employees who plan to resign from employment at the Laboratory are requested to give their supervisor two weeks' or more advance notice of their planned resignation, when possible, to enable prompt action to be taken to recruit replacements for their positions. The supervisor must immediately acknowledge in writing the employee's intention to terminate.
Lawrence Berkeley National Laboratory operates principally with funds provided
by the United States Department of Energy (DOE). The total level of funding
and the level of funding for specific divisions of the Laboratory and specific
programs within each division are determined each year, with the final determination
made in Washington by action of the United States Congress, the Office of Management
and Budget, and DOE. The composition of the Laboratory staff must be suitable
for carrying out the advanced research and technology goals determined by the
budget review process. Because the Laboratory has no final control over its
funding, it is unable to guarantee long-term employment, and its rules on terminations
must acknowledge the fact that the overall Laboratory budget may be reduced
and/or the level of support for individual programs may be reduced in any budget
year. Laboratory policy and procedures on termination of employment because
of lack of work (including lack of work because of reorganization or lack of
funds) are described in Paragraph
(B)(1)–(8), below. The provisions of this paragraph (Reduction
in Force) apply only to employees who hold career appointments. 
See RPM §§2.01(D)
(Types
of Appointments),
and 2.05(A)(Areas
of Responsibility)–(B)(Early
Problem Resolution). See also RPM §2.07(C)
(Types
of Professional Research Staff Positions) for additional information
on reduction in force for the professional research staff.
The policy of the Laboratory is to minimize, by anticipating and planning for reduced staff needs, the effects of layoffs and reductions in time of career employees when such layoffs or reductions in time are necessitated by lack of funds or lack of work. The Laboratory will give eligible employees preferential opportunities for reassignment or transfer before layoff, the right to be recalled to the division from which they have been laid off, and preference for reemployment in all divisions of the Laboratory.
In order to avoid a layoff, the Laboratory may reassign an employee targeted for layoff to a position for which the employee is qualified at the same or greater percentage of time and at the same or higher salary as determined by the salary range maximum. Such action will nullify the layoff.
Layoff units are administrative entities within the Laboratory that allow the Laboratory to administer the reduction-in-force policies in the RPM and collective bargaining agreements. They provide the structure to identify individuals who will be affected by a reduction-in-force.
Laboratory Management has the sole authority to determine layoff units and
the determination is not subject to the complaint resolution policy. Employees
will be provided appropriate notice before the implementation of any changes
in layoff units that affect them.
See Layoff
Units List for current listing of components of each of the above.
3. Decision to Implement Reduction
Note: For the purposes of administering this policy, "layoff unit manager" is defined as the manager with the ultimate organizational responsibility for each of the layoff units (e.g., division director, department head, etc.).
Laboratory management has the sole discretion to determine the need for layoffs, the classification of employees to be laid off and the layoff unit, consistent with this policy.
When a reduction in force is required, each layoff unit manager will review the programs, departments, or areas for which he or she is responsible and determine the number of employees, classifications, and programs to be involved in the reduction. The layoff unit manager, working with the Human Resources Center and Labor and Employee Relations (LER), will take into account the objectives of the Affirmative Action Compliance Program through consultation with the Work Force Diversity Office and discussion with the Head of the Human Resources Department before initiating further action.
Employees in noncareer positions are normally the first to be reviewed when lack of funds or lack of work necessitates a decrease in staffing levels. The layoff unit manager may determine which noncareer employees are to be terminated or reduced in time and the effective date of the action.
A layoff unit manager or designee will inform employees in the specific program, department, or area of the division where lack of funding or work has been identified such that a reduction in force is necessary. He or she may also request volunteers for layoff.
The layoff unit manager is responsible for selection of individual employees to be released. The selection and the terms or conditions of the release are subject to prior review by the Head of the Human Resources Department, or his/her designee, and the Head of the Workforce Diversity Office. The order of layoff for career employees in the same job title/code and layoff unit will be in inverse order of seniority. A layoff unit manager may retain any employee irrespective of seniority if the employee possesses special skills, knowledge, or abilities that are not possessed by more senior employees in the same class and are necessary to perform the ongoing functions of the layoff unit. All such exceptions will be documented and require the approval of the Head of the Human Resources Department.
A layoff unit manager may, when feasible, accept volunteers for layoff in lieu of other employees. The acceptance of individual voluntary layoffs will be based on the operational needs of the division. When an employee volunteers for layoff in lieu of another employee and is subsequently selected for layoff, the employee is entitled to the full protection of the layoff policy, with the exception of recall and preferential rehire rights. He or she should be informed that eligibility for unemployment insurance benefits depends on the evaluation of the termination by the State of California Employment Development Department.
For purpose of layoff, seniority will be determined on the basis of one point for each month of full-time-equivalent paid University service in any job class or title. Employment before a break in service will not be counted. A break in service is a separation of at least one scheduled working day of Laboratory/University employment. Authorized leave without pay and time on preferential rehire status do not constitute a break in service. When employees have the same number of full-time-equivalent months, the employee with the most recent hire date will be laid off first.
The layoff unit manager is responsible for ensuring that employees are notified of their layoff in accordance with the plan agreed on with the Human Resources Department. The scheduling of notifications and the conduct of the notification interviews should be handled to minimize the anxiety and disturbance of other employees. Notification will be accomplished orally and will include instructions for obtaining assistance and guidance from the Human Resources Department.
The terms of the layoff will be confirmed to the employee by a letter signed by the Head of the Human Resources Department or designee. The letter will include a statement regarding unemployment insurance, the effect of the layoff on the employee's benefits, the procedures for recall and preferential rehire, and the name of the person to contact for assistance. Written notice will be at least 30 calendar days before the effective date or, if less than 30 calendar days' written notice is given, a career employee will receive pay in lieu of notice for each additional day he or she would have been on pay status had the employee been given 30 calendar days' notice. See RPM §2.07(C) (Types of Professional Research Staff Positions) for notice provisions for the professional research staff.
It is the layoff unit manager's responsibility to ensure that career employees who are scheduled for layoff are given primary consideration for vacancies in the layoff unit for which they are reasonably qualified.
The designated Layoff Coordinator in the Human Resources Department is responsible for assisting employees who have received a reduction in force notice or who have been terminated as a result of a reduction in force (during the period of recall and preference for reemployment eligibility). This assistance includes, but is not limited to:
In addition, the Layoff Coordinator is responsible for maintaining the recall and preference roster and other records, as noted in Paragraph (9)(e), below.
An employee on layoff status may continue in certain group insurance programs, if previously enrolled, for the length of time provided by the University's contract with the insurance carrier, subject to the payment of full premiums. Retirement system regulations determine the effect of the layoff on retirement benefits. The employee should contact the Laboratory's Benefits Office regarding eligibility for continuation of benefits.
Employees serving a probationary period or holding limited, rehired retiree, or student assistant appointments may be released at any time at the discretion of the Laboratory. The employee shall be notified of the release in writing.
An employee holding a limited, rehired retiree, or student assistant appointment is automatically terminated as of the last day of the appointment unless there is an earlier separation or formal extension of the appointment in writing.
A non-probationary career employee who becomes unable to fully perform essential
functions of his or her position with or without reasonable accommodation,
due to disability may be separated. Prior to medical separation, the Laboratory
will engage in the interactive process. See RPM §2.01(B)(4) (Reasonable
Accommodation). An employee separated under this policy is eligible for
special reemployment procedures. See RPM §2.01(C)(3)(a) (Recruitment).
Proof of the employee’s disability or medical condition is required and is subject to verification by a Laboratory-appointed licensed healthcare provider. The Laboratory shall pay the costs of any medical examinations requested or required by the Laboratory.
RPM §2.01(C)(3)(a) (Recruitment). However, if the former employee receives disability benefits from a retirement
system to which the University contributes, the period will be three years
from the date on which the benefits commenced. See RPM 2.05(C) (Corrective Action and Dismissal).
Employees who are terminated for security reasons at the request of DOE may be given, with the approval of DOE, payment for up to 20 working days in lieu of advance written notice of such termination.
The date of an employee's death is also the effective date of termination from Laboratory service. Payment of salary or wages and vacation credit due a deceased employee is made to the employee's estate or the heirs-at-law, in accordance with California state law. Determination of whether to pay the amount due to the estate or the heir(s) is based on the nature and value of the estate and the amount due. When the amount due is less than $3,000, direct payment to the heir(s) is often permissible. Processing is handled by the Human Resources Department. See RPM §2.23(B) (University Death Benefits for Employees) for other information pertaining to an employee's death.
Terminal pay for employees includes payment for salary and wages due for work performed through the effective time and date of termination and payment for vacation credit, up to the maximum possible credit for the employee's job classification and length of service.
Termination procedures and forms may be found on the Human Resources Forms Web page.