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Employment of Minors, Near Relatives, and Domestic Partners

Title:

Employment of Minors, Near Relatives, and Domestic Partners

Publication date:

1/2/2012

Effective date:

6/30/2011

BRIEF

Policy Summary

This policy provides information when employing individuals under age 18 and near relatives including domestic partners.

Who Should Read This Policy

All employees

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

For more information, contact your division's Human Resources Center.
Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

Title:

Employment of Minors, Near Relatives, and Domestic Partners

Publication date:

1/2/2012

Effective date:

6/30/2011

POLICY

A. Purpose

This policy provides information for employing individuals under age 18 and near relatives, including domestic partners, at Lawrence Berkeley National Laboratory (Berkeley Lab).

B. Persons Affected

This policy applies to all employee classifications: CareerTermFacultyPostdoctoral Fellow, LimitedVisiting ResearcherRehired RetireeGraduate Student Research Assistant (GSRA), and Student Assistant. This policy applies to nonrepresented employees. Represented employees should consult their collective-bargaining agreement.

C. Exceptions

Unless there is explicit and specific authorization for an action by this policy, the action is considered to be a variation from the policy and must be approved in advance by the Chief Human Resources Officer (CHRO).

D. Policy Statement

  1. Employment of Minors: Under specific circumstances, Berkeley Lab may employ persons who are under age 18.
    1. Eligibility: The minor must be:
      Other Policies of Interest

      Appointments, Student Assistant (or RPM Section 2.01[F][8]);

      Terms & Conditions of Employment (or RPM Section 2.01(E)(6)

      1. At least 15 years of age at the time of hire for any position
      2. A U.S. citizen or permanent resident
      3. Enrolled in an accredited high school as a junior or senior in good standing
        1. The student is required to submit a current transcript with his or her employment application.
      4. Attending a school in the San Francisco Bay Area
      5. Able to provide a valid work permit
    2. Approval for Employment
      IMPORTANT!

      All minors, regardless of whether they are a Berkeley Lab employee or a Berkeley Lab affiliate, must have their appointments pre-approved by the CHRO.

      1. Persons under age 18 will not be employed unless specific approval is obtained from the division director and the CHRO.
      2. When a person under age 18 is hired or assigned to work in areas where ionizing radiation is utilized, the hiring division or department will contact the Environment, Health & Safety Division for final clearance. Berkeley Lab does not permit minors access to any Laboratory area where an annual dose in excess of 100 mrem is possible.
    3. Work Permit: California state law requires work permits for all persons under age 18 who have not yet graduated from high school. Individuals under the age of 18 who have been awarded a certificate of proficiency pursuant to Section 48412 of the California Education Code do not need a work permit.
      For more information, see:
    4. Mentor
      1. A minor is assigned to a mentor, who may also be his or her direct supervisor. The mentor is required to provide a description of work the minor will be performing.
      2. A mentor to a student in a Berkeley Lab educational program such as the Center for Science and Engineering Education's (CSEE's) programs is required to complete the program's mentor-training workshop.
  2. Employment of Near Relatives, Including Domestic Partners
    1. Employment of near relatives, including domestic partners in the same department or work group, may be permitted when such concurrent employment would be in the best interest of Berkeley Lab.
    2. Employment of near relatives requires the recommendation of the Human Resources Center Manager (HRCM) and the approval of the CHRO. Approval is required, including when:
      1. There is a supervisory relationship
      2. The near relative has the same immediate supervisor
      3. There is a close working relationship with a near relative
      4. Near relatives are working in the same department or group
    3. If the request is not approved by the CHRO, the supervisor may request further review by the Chief Operating Officer.
    4. If two employees in any of the above types of working relationships become near relatives, the same approval process must be followed to allow them to continue in the same working relationship.
    5. Minors may not work in the same group with a near relative.

E. Roles and Responsibilities

Roles

Responsibilities

Chief Human Resources Officer (CHRO)

Has the functional responsibility for this policy

Employees

Have the responsibility to adhere to the provisions of this policy

Hiring division management

Has the responsibility to adhere to the provisions of this policy

HR Department

Has the responsibility to advise management and employees on how to comply with this policy

F. Definitions/Acronyms

Term

Definition

Affiliates

Non-Laboratory employees engaged in on-site Laboratory activities. Affiliates are subject to training in safety and other subjects. They are also issued a Berkeley Lab identification badge. Affiliates may receive system accounts, research access to facilities, and a per diem allowance for housing and living expenses.
Examples: Facility users, scientific collaborators, students

Domestic Partner

The individual designated as an employee’s domestic partner under one of the following methods:

  • Registration of the partnership with the state of California
  • Establishment of a same-sex legal union, other than marriage, formed in another jurisdiction that is substantially equivalent to a state of California-registered domestic partnership
  • Filing of a Declaration of Domestic Partnership form with the University of California
    If an individual has not been designated as an employee’s domestic partner by any of the above methods, the following criteria are applicable in defining domestic partner:
  • The individual is the employee’s sole domestic partner in a long-term, committed relationship with the intention to remain so indefinitely and
  • Neither individual is legally married to someone else or  a partner in another domestic partnership and
  • The individuals are not related by blood to a degree of closeness that would prohibit legal marriage in the state of California and
  • Each individual is 18 years of age or older and capable of consenting to the relationship and
  • The individuals share a common residence and are financially interdependent

Near Relatives

Near relatives are parents, children (including the child of a domestic partner), spouses, same- or opposite-sex domestic partners, brothers, or sisters, including in-laws and step-relatives in these relationships. Relatives of the domestic partner who would be covered if the domestic partner were the employee's spouse are also so defined.

Acronym

Term

CHRO

Chief Human Resources Officer

COO

Chief Operating Officer

CSEE

Center for Science and Engineering Education

GSRA

Graduate Student Research Assistant

HR

Human Resources

HRCM

Human Resources Center Manager

LBNL

Lawrence Berkeley National Laboratory

UC

University of California

G. Recordkeeping Requirements

Role

Recordkeeping Requirement

Division HR Center

If the student is a minor, a work permit and the Parental Consent for Minor at the Lab form are required and are maintained in the student's employee or affiliate file. These forms are in addition to forms required by all employees or affiliates.

H. Implementing Documents

Audience

Document number

Title

Type

Lab Staff

02.03.001.002

Parental Consent for Minor at Lab

Form

Lab Staff

UCOP 3301 (11/07)

UC Benefits for Domestic Partners

Process and forms

Lab Staff

UCOP UBEN 250 (R1006)

UC Declaration of Domestic Partnership form

Form

Lab Staff

UCOP UBEN 253 (10/06)

UC Termination of Domestic Partnership form

Form

Managers and Supervisors

02.86.001.001

Supervisor Responsibilities at Berkeley Lab (BLI0117) (mandatory for new supervisors)

Training

Managers and Supervisors

02.86.001.002

Supervisor Scenario Workshop – HR Issues (BLI0122) (mandatory for new supervisors)

Training

HR Staff

02.03.011.002

Student Assistant Offer Letter

Template

HR Staff

02.03.011.003

Student Assistant Position Description

Template

I. Contact Information

For more information, contact your division's Human Resources Center.
Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

J. Revision History

Date

Revision

By Whom

Revision Description

Section(s) Affected

Change Type

6/30/2011

0

M. Bello

Rewrite for new format in HTML

All

Minor

1/2/2012

1

M. Bello

Rewrite for wiki

All

Minor

DOCUMENT INFORMATION

Title:

Employment of Minors , Near Relatives, and Domestic Partners

Document number

02.04.003.000

Revision number

1

Publication date:

1/2/2012

Effective date:

6/30/2011

Next review date:

6/30/2014

Policy Area:

Compensation and Work Hours

RPM Section (home)

Human Resources

RPM Section (cross-reference)

Section 2.01(E)(5)

Functional Division

Human Resources

Prior reference information (optional)

RPM Section 2.01(E)(5)

Source Requirements Documents

  • Federal Fair Labor Standards Act (FLSA)
  • University of California Personnel Policies for Staff Members (PPSM) 21, Appointment

Implementing Documents

Audience

Document number

Title

Type

Lab Staff

02.03.001.002

Parental Consent for Minor at Lab

Form

Lab Staff

UCOP 3301 (11/07)

UC Benefits for Domestic Partners

Process and forms

Lab Staff

UCOP UBEN 250 (R1006)

UC Declaration of Domestic Partnership form

Form

Lab Staff

UCOP UBEN 253 (10/06)

UC Termination of Domestic Partnership form

Form

Managers and Supervisors

02.86.001.001

Supervisor Responsibilities at Berkeley Lab (BLI0117) (mandatory for new supervisors)

Training

Managers and Supervisors

02.86.001.002

Supervisor Scenario Workshop – HR Issues (BLI0122) (mandatory for new supervisors)

Training

HR Staff

02.03.011.002

Student Assistant Offer Letter

Template

HR Staff

02.03.011.003

Student Assistant Position Description

Template

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