§2.23
Miscellaneous
Responsible Manager
Revised 05/08
All supervisors are requested to notify the Human Resources Department (Foreign
Visitors Unit for foreign nationals) immediately of the death of an employee.
This notification will ensure the initiation of benefit payments and other possible
assistance to eligible dependents or a designated beneficiary.
On the death of an eligible University employee, a sum equal to the regular
salary of the deceased for one month will be paid to (1) the surviving spouse,
(2) the deceased's eligible dependents if there is no surviving spouse, or (3)
the beneficiary designated in the deceased's University-paid life insurance
policy if there is neither a surviving spouse nor eligible dependents. An eligible
employee is one who was in pay status 50% time or more for at least six continuous
months immediately before death. Months before and after an approved leave without
pay are counted as continuous months. An eligible dependent is one receiving
the majority of his or her support from the deceased employee in accordance
with Internal Revenue Service Standards §152. This payment is in addition
to any other payment due the employee.
The University of California and the Laboratory recognize dependency on alcohol
and other drugs as a treatable condition and offer programs and services for
Laboratory employees, including University of California student employees,
with substance dependency problems. Employees (including student employees)
and students are encouraged to seek assistance, as appropriate, from employee
support programs, health centers, and counseling or psychological services available
through the Laboratory's Employee Assistance Program, which is provided by the
University of California Health Center (the Tang Center) on the Berkeley campus.
Information obtained regarding an employee or student during participation in
such programs or services will be treated as confidential, in accordance with
federal and state laws.
The Laboratory strives to maintain a work site free from the illegal use,
possession, or distribution of alcohol or of controlled substances as defined
in Schedules I–V of the Controlled Substances Act (21 United States Code
§812) and 21 Code of Federal Regulations 1308. Unlawful manufacture, distribution,
dispensing, possession, use, or sale of alcohol or of controlled substances
by employees in the workplace, on Laboratory premises, at official Laboratory
functions, or on Laboratory business is prohibited. Unauthorized possession,
use, consumption, or being under the influence of alcohol on Laboratory premises
is prohibited. In addition, employees may not use illegal substances or abuse
legal substances, including alcohol, in a manner that impairs work performance,
scholarly activities, or student life.
The Laboratory strongly supports and is committed to making a good-faith effort to
maintain a workplace free of substance abuse through implementation of 10 Code of
Federal Regulations 707.5(a)(1)–(5) (Workplace Substance Abuse Programs at
Department of Energy Sites). Use, possession, sale, distribution, or manufacture
of illegal drugs at sites owned or controlled by DOE is
prohibited.
Employees found to be in violation of this policy, including student employees if
circumstances warrant, may be subject to corrective action (up to and including
dismissal) under applicable Laboratory policies and labor contracts or may be
required, at the discretion of the Laboratory, to participate satisfactorily in
an Employee Support Program.
The Federal Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle
D) and the State Drug-Free Workplace Act of 1990 require that University employees
directly engaged in the performance of work on a federal or state contract or
grant must abide by this policy as a condition of employment.
Employees working on federal contracts and grants must provide written notification
to the Laboratory through their immediate supervisor within five calendar days if
they are convicted of any criminal drug statute violation occurring in the workplace
or while on Laboratory business. This requirement also applies to all indirect
charge employees (i.e., an employee who performs support or overhead functions
related to the federal contract or grant and for which the federal government pays
its share of expenses) unless the employee's impact or involvement is insignificant
to the performance of the contract or grant. The Laboratory is required to notify
the federal contracting or granting agency within ten calendar days after receiving
notice of such conviction and to take appropriate corrective action or to require
the employee to participate satisfactorily in available counseling, treatment, and
approved substance-abuse assistance or rehabilitation programs within 30 calendar
days after receiving notice of such conviction.
Questions regarding Laboratory policy on substance abuse in the workplace
may be directed to the Labor/Employee Relations Office or the Employee Assistance
Coordinator. See RPM §2.05(G) (Employee
Assistance Program).
- Employees. In the context of the University Policy, "employees"
refers to all Laboratory employees.
- Students. In the context of the University Policy, "students"
refers to students of University of California campuses. For the Laboratory, student employees are
covered by Laboratory employee policies.
- Employee Support Programs. For the Laboratory, this
refers to the Employee Assistance Program and the Vocational Rehabilitation
Program. Student employees of University of California campuses (GSRAs and student assistants) have
student counseling and health services available at their campus. Employees
are encouraged to self-refer for substance abuse problems and to seek
confidential assistance from the Employee Assistance Counselor.
- Special Requirements for Employees Engaged on Federal
Contracts and Grants. This section of the University Policy applies to all
Laboratory employees. Laboratory employees who are convicted of any drug
statute violation occurring in the workplace or while on Laboratory business
must notify their immediate supervisor and the Office of Employee Relations
within five calendar days of the conviction.
- Conviction. A conviction is a finding of guilt (including
a plea of nolo contendere) or imposition of sentence, or both, by any
judicial body charged with responsibility to determine violations of any
criminal drug statutes.
The Laboratory endorses the Department of Transportation's (DOT) antidrug policy
and regulations. A drug and alcohol testing program is an integral part of this
policy for classifications covered by the DOT rule. Compliance with this policy
and the DOT rule is a condition of continued employment. Noncompliance may result
in disciplinary action up to and including suspension or dismissal.
The Laboratory's policies and procedures to implement the DOT drug and alcohol
testing program have been balanced with a recognition of employees' legal
rights, the preservation of employees' reasonable expectation of privacy, and a
commitment to assuring due process.
The DOT rule covers employees and contract labor personnel whose Laboratory job
duties are such that federal regulations require them to hold a Commercial
Driver's License (CDL) in order to drive a commercial motor vehicle (CMV) on
public highways, and who, during the course of the workday, operate or are
expected to be ready to operate a vehicle with a gross combination or gross
vehicle weight of at least 26,001 pounds inclusive of a towed unit with a gross
vehicle rating of more than 10,000 pounds; a vehicle originally or currently
designed to transport 16 or more passengers including the driver; or a vehicle
of any size used to transport hazardous materials found in the Hazardous
Materials Transportation Act and that require the motor vehicle to be
placarded under the Hazardous Materials Regulations.
Employees and contract labor personnel covered by the DOT rule are
subject to the following drug and alcohol tests:
- Pre-employment
- Post-accident
- Reasonable suspicion
- Random
- Return to duty and follow-up
The text of the full policy and implementation guidelines for the DOT rule
is distributed to covered employees and contract labor personnel and is available
in the Human Resources Department.
1. General
Flexible work options are tools managers and supervisors can use to help meet
the work/life balance needs of their employees while simultaneously ensuring
that the work unit’s operational needs are met. While the Lab supports
the use of flexible work options whenever possible, they do not change the
basic terms and conditions of Laboratory employment and are not entitlements.
Granting or denial of a request for a flexible work option is at the sole discretion
of management. Neither denial of a request for a flexible work option, nor
rescission of an approved flexible work option is subject to the Complaint
Resolution procedure (RPM
2.05 (D)).
The Laboratory currently has two flexible work options that may be considered:
Flex Time and Telecommuting Agreements. Approval
of both options must be within the provisions of RPM §§2.23
(D)(2)(b), 3.01(B),
and 3.01(C).
2. Flex Time
- It is the intent, except as noted below, to make flexible working hours
available to all employees by allowing employees to redistribute their daily
work hours within a framework defined by division management and that is
within the provisions of RPM §§2.23(D)(2)(b), 3.01(B),
and 3.01(C).The
goal is to allow employees some flexibility regarding their daily work schedule,
compatible with effective job accomplishment and work unit operational needs.
Division/department management may determine that there are specific
scientific and/or operational necessity reasons during which a regular
flex time schedule cannot be implemented. If scientific or operational requirements
make formal flex time practices infeasible, arrangements can be made
between the supervisor and employee on an ad
hoc basis.
- Flextime Operating Guidelines
Supervisors should consider the following guidelines when reviewing a request
for flextime. However, the final flextime arrangement
approved, if any, is at the sole discretion of the supervisor.
- Core Hours: The time when employees are
normally expected to be at work:
9:30 a.m.
through
11:30 a.m.
and
1:30 p.m.
through
3:30 p.m.
- Work Hours:The amount of time an employee is expected
to be on the job during a given time period. See §§3.01(B) and 3.01(C).
- Minimum Service Coverage: The staffing required to ensure that
the normal services and functions of a work unit will be available during
the standard workday.
- Communication of Schedule Changes: It
is the responsibility of employees working flextime and supervisors to
communicate changes of personal or job schedule to those whom the changes
may affect.
- Responsibility
- Division directors are responsible for implementation of this policy,
will determine whether flextime is appropriate within the division and
will approve employees’ flextime schedules.
- Supervisors are responsible for ensuring that employees in their work
units understand and meet work-unit operating guidelines and that the work
unit operates effectively. This means identification of essential
tasks, operations, and functions that must be accomplished at certain times
during the workday and the development of coverage requirements.
- Each employee is responsible for organizing and managing his or her work
time. Employees are also responsible
for accurately reporting their time worked.
3. Telecommuting
- General
- Telecommuting is a work option in which employees fulfill their job responsibilities
at home or another approved location. The
arrangement may cover all or part of the employees’ scheduled hours
and may be on an intermittent, occasional basis or on a regular schedule.
- Telecommuting arrangements must be consistent with Laboratory policy
and do not change the basic terms and conditions of Laboratory employment.
- An employee’s performance while telecommuting is measured using
the same standards that apply when the work is performed at the Laboratory
and will be documented in the annual performance review.
- Approval of an employee’s request to telecommute is based on the
operational needs of the work unit. Telecommuting is voluntary and is not
an entitlement.
- When considering approval of a telecommuting request, the following factors
should be considered.
- Job duties should be characterized by clearly defined tasks or work
products.
- The employee’s past performance has been at a high level and
the employee has demonstrated the ability to perform his or her work
with minimum supervision.
- When the employee requesting to telecommute on a regular basis is a
supervisor, the agreement will be approved only when adequate supervision
of the work unit can be assured.
- Agreements
There are two types of telecommuting arrangements:
- Telecommuting can be on an intermittent or occasional basis or on a regular
part- or full-time schedule. Occasional or intermittent telecommuting
requires supervisor approval.
If, in the opinion of the supervisor, an intermittent telecommuting arrangement
begins to occur frequently while still not on a regular schedule, the supervisor
may require a written agreement.
- A regular telecommuting schedule requires a written agreement, not
to exceed 12 months, between
the supervisor and employee that must be approved by the Division Director
or Department Head. Agreements
expire automatically on the stated end date unless reviewed and renewed
prior to that date. Renewal
is subject to the work unit’s
operational needs and the supervisor’s assessment of the employee’s
performance. Changes in the
terms of a telecommuting agreement within the 12-month period, e.g., change
in off-site work location or telecommuting schedule, are to be documented
as they occur. The agreement may be found here.
- Telecommuting agreements involving nonexempt employees require concurrence
of the Manager, Labor and Employee Relations.
- Telecommuting agreements must include at least the following elements.
- Designated working hours/days.
- That the employee will be at the regular work site for meetings even
if they occur on scheduled telecommute days (when appropriate, conference
call arrangements may be allowed).
- How the employee will communicate with the supervisor including the
method for transmitting the work product to the Laboratory.
- Ergonomics self-assessment and assurance.
- The
appropriate documentation of the property’s location must be filed
with Property Management.
- Telecommuting agreements may be terminated
by either the
employee or the supervisor upon
ten (10) business days' prior notice.
- Copies of the agreement are to be retained by the employee, supervisor,
and the employee’s file in the division’s Human Resources Center.
A formal rest period not to exceed 15 minutes once during each work period
of 3 hours or more may be granted employees. The time may not be taken at the
beginning or end of the work period, and time not used for rest periods may
not be accumulated to be used at a later date. Such periods are a privilege
that may be withdrawn by the division director or department head and should
be withdrawn if abused.
California's Political Reform Act of 1974, embodied in the University of California
Conflict of Interest Code, requires that all state employees and officials must
disqualify themselves from making or participating in certain decisions when
a financial conflict of interest is present. As University employees, all Berkeley
Lab employees are covered by the provisions of the Act.
Under California law and University policy, certain designated Laboratory officials
are required to file financial interest statements when they assume a designated
official position, annually while they hold such a position, and when they leave
it. These employees are notified directly of the applicable requirements for
their specific designated official positions. A list of designated official
positions for the Laboratory is available from the Conflict
of Interest page on the UCOP Web site.
Note that more information about the Laboratory's conflict-of-interest policies
are available in RPM Chapter 10 (Conflict of Interest).
Employees are not permitted to accept gifts, gratuities, or favors from any
source that might affect or appear to affect their judgment in discharging their
duties. Such acceptance may be construed as a conflict of interest. This restriction
does not apply to:
- Acceptance of food and refreshments of nominal value on infrequent
occasions in the ordinary course of a luncheon, dinner, or other meeting; or
- Acceptance of modest entertainment, such as a meal or refreshments in
connection with attendance at widely attended gatherings sponsored by
industrial, technical, or professional associations or at public ceremonies in
an official capacity.
An employee who misuses privileged or official information may be subject to
discipline by the Laboratory and prosecution under state and federal law.
Employees may not act or give the appearance of acting on behalf of the Laboratory
or the University when communicating with state or federal officials unless
they are authorized to do so. To act or give the appearance of acting on behalf
of the Laboratory or the University in such instances without authorization
may be construed as a conflict of interest.
When corresponding with state and federal officials, a writer may use Laboratory
letterhead only when authorized to represent the Laboratory or the University.
Letters expressing personal views must be written on personal stationery. If
Laboratory letterhead is used for corresponding with principal state and federal
officials, including executive branch appointees, members of Congress, the state
legislature, and their staffs, copies of the correspondence must be sent to
the appropriate division director and to the Head of the Public Affairs Department.
When employees give opinions as independent professionals, they must state
clearly that they are speaking for themselves and not on behalf of the
Laboratory or the University of California.
The use of privileged or official information for personal financial gain is
a type of conflict of interest and is prohibited. Privileged or official information
is information that is known to an individual because of his or her connection
with the Laboratory but is not available to the public. In this connection,
the term "privileged information" includes but is not limited to:
The Report Coordination Office and Technology Transfer and Intellectual
Property Management review all technical and scientific papers and related
materials for oral or other presentation before publication. See RPM §§5.02
(Policy for Scientific and Technical Publications), 5.03
(Patents).
Individual employees have a right to access their own records except as limited
by law. See RPM §§2.17 (Employee Records),
5.03 (Patents). Access to the records of other
employees is normally limited to legitimate need-to-know situations except as
specifically noted in the RPM sections cited and in applicable laws.
In certain situations, an employee, by virtue of his or her position, may have
access to information concerning anticipated materials requirements or pricing
actions. Examples include Laboratory construction projects and system acquisitions.
Improper dissemination of such information could produce unfair competitive
advantage for vendors as well as constitute a conflict of interest for the employee.
The prohibitions surrounding this area are the same as those concerning Paragraph
(I)(3), above.
An employee who misuses privileged or official information may be subject to
discipline by the Laboratory and prosecution under state and federal law.
Laboratory employees are required to notify the Laboratory whenever they are
notified that they are the target of an investigation by a federal or state
agency that has as its subject the improper use of information obtained or
actions taken for personal use by the employee in the course of his or her
employment.
It is the Laboratory’s objective to create and maintain an environment
as close to smoke-free as practicably possible. In addition, the Laboratory
is located in an environment that poses severe hazards from wildland fires and
is obliged to ensure that outdoor smoking is restricted to safe areas.
This policy applies to all employees, contractors, guests, and visitors. Accordingly,
the Laboratory, in keeping with these obligations and in compliance with State
law, has determined that smoking is not permitted:
- In any Laboratory building
- In any Laboratory vehicle
- Within 20 feet of entrances and exits, operable windows, and air intakes
- On decks or stairs
- In areas with vegetation
- In any area posted as "No Smoking"
Smoking is permitted only in outdoor areas that are paved with asphalt, brick,
or concrete.
All individuals are responsible for ensuring
- That their smoke does not enter buildings
- The safe disposal of their smoking materials
If the preferences of smokers and nonsmokers conflict, the preference of nonsmokers
will prevail.
Violations of this policy should be reported to a supervisor, who, if necessary,
will consult with Labor/Employee Relations before taking action in accordance
with appropriate personnel policies or labor agreements.
2. Further Information
Instructions on how to obtain outdoor ash cans, request an EH&S review
of smoking areas, and other information relating to this policy will soon be
appearing in the Environment, Health,
and Safety Manual (LBNL/PUB 3000).