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| Title: | Employment of Minors, Near Relatives, and Domestic Partners |
| Publication date: | 1/2/2012 |
| Effective date: | 6/30/2011 |
h2. BRIEF
h3. Policy Summary
This policy provides information when employing individuals under age 18 and near relatives including domestic partners.
h3. Who Should Read This Policy
All employees
h3. To Read the Full Policy, Go To:
The POLICY tab on this wiki page
h3. Contact Information
For more information, contact your [division's Human Resources Center|https://www.lbl.gov/Workplace/HumanResources/html/Staff-Information/center-contacts.html].
Feedback on HR policies or procedures is welcomed. Send comments to [[email protected]|mailto:[email protected]].
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{dojo-tab:title=Policy}
| Title: | Employment of Minors, Near Relatives, and Domestic Partners |
| Publication date: | 1/2/2012 |
| Effective date: | 6/30/2011 |
h2. POLICY
h3. 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).
h3. B. Persons Affected
This policy applies to all employee classifications: [Career|http://www.lbl.gov/Workplace/RPM/R2.01.html#secf1], [Term|http://www.lbl.gov/Workplace/RPM/R2.01.html#secf4], [Faculty|http://www.lbl.gov/Workplace/RPM/R2.01.html#secf2], [Postdoctoral Fellow|http://www.lbl.gov/Workplace/RPM/R2.28.html#secb],[{color:#0000ff} {color}Limited|http://www.lbl.gov/Workplace/RPM/R2.01.html#secf5], [Visiting Researcher|http://www.lbl.gov/Workplace/RPM/R2.01.html#secf6], [Rehired Retiree|http://www.lbl.gov/Workplace/RPM/R2.01.html#secf9], [Graduate Student Research Assistant (GSRA)|http://www.lbl.gov/Workplace/RPM/R2.01.html#secf7], and [Student Assistant|http://www.lbl.gov/Workplace/RPM/R2.01F8.html]. This policy applies to nonrepresented employees. Represented employees should consult their collective-bargaining agreement.
h3. 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).
h3. D. Policy Statement
# *Employment of Minors:* Under specific circumstances, Berkeley Lab may employ persons who are under age 18.
## *Eligibility:* The minor must be:{Include: sidebar-EmployMinor1}
### At least 15 years of age at the time of hire for any position
### A U.S. citizen or permanent resident
### Enrolled in an accredited high school as a junior or senior in good standing
#### The student is required to submit a current transcript with his or her employment application.
### Attending a school in the San Francisco Bay Area
### Able to provide a valid work permit
## *Approval for Employment* {Include: sidebar-EmployMinor2}
### Persons under age 18 will not be employed unless specific approval is obtained from the division director and the CHRO.
### 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.
## *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.{Include: sidebar-EmployMinor3}
## *Mentor*
### 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|https://alsintra.lbl.gov/prd/forms/2009/Position%20Description%20Template.doc] the minor will be performing.
### A mentor to a student in a Berkeley Lab educational program such as the [Center for Science and Engineering Education's (CSEE's) programs|http://csee.lbl.gov/Programs/index.html] is required to complete the program's mentor-training workshop.
# *Employment of Near Relatives, Including Domestic Partners*
## 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.
## 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:{Include: sidebar-EmployMinor4}
### There is a supervisory relationship
### The near relative has the same immediate supervisor
### There is a close working relationship with a near relative
### Near relatives are working in the same department or group
## If the request is not approved by the CHRO, the supervisor may request further review by the Chief Operating Officer.
## 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.
## Minors may not work in the same group with a near relative.
h3. 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 |
h3. 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 |
h3. 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. |
h3. H. Implementing Documents
For Berkeley Lab Staff:
* Parental Consent for Minor at Lab form
* UC Benefits for Domestic Partners
* UC Declaration of Domestic Partnership form
* UC Termination of Domestic Partnership form
For Berkeley Lab Managers and Supervisors (Training Workshops):
* Supervisor Responsibilities Training (mandatory for new supervisors)
* Supervisor Scenario Workshop -- HR Issues (mandatory for new supervisors)
For Berkeley Lab HR Staff:
* Student Assistant Offer Letter template
* Student Assistant Position Description template
h3. I. Contact Information
For more information, contact your [division's Human Resources Center|https://www.lbl.gov/Workplace/HumanResources/html/Staff-Information/center-contacts.html].
Feedback on HR policies or procedures is welcomed. Send comments to [[email protected]|mailto:[email protected]].
h3. 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 |
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h2. 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) |
h3. Source Requirements Documents
* Federal Fair Labor Standards Act (FLSA)
* University of California Personnel Policies for Staff Members (PPSM) 21, [Appointment|http://atyourservice.ucop.edu/employees/policies_employee_labor_relations/personnel_policies/spp21.html]
h3. Implementing Documents
| *Document number* | *Title* | *Type* |
| | Parental Consent for Minor at Lab | Form for Berkeley Lab staff |
| | [UC Benefits for Domestic Partners|http://atyourservice.ucop.edu/forms_pubs/misc/benefits_domestic_partners.pdf] | Process and forms for Berkeley Lab staff |
| | [UC Declaration of Domestic Partnership form|http://atyourservice.ucop.edu/forms_pubs/forms_worksheets/uben250.pdf] | Form for Berkeley Lab staff |
| | [UC Termination of Domestic Partnership form|http://atyourservice.ucop.edu/forms_pubs/forms_worksheets/uben253.pdf] | Form for Berkeley Lab staff |
| | Supervisor Responsibilities Training | Mandatory training for new Berkeley Lab supervisors |
| | Supervisor Scenario Workshop --- HR Issues | Mandatory training for new Berkeley Lab supervisors |
| | Student Assistant Offer Letter | Template for Berkeley Lab HR staff |
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h2. ADDITIONAL 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 & Work Hours |
| RPM Section (home) | Human Resources |
| RPM Section (cross-reference) | Section 2.01(E)(5) |
| Functional Division | Human Resources |
| Author name/contact info | M. Bello |
| | |
| Revision 0 publication date | 6/30/2011 |
| Retirement date | n/a |
| Prior reference information (optional) | RPM Section 2.01(E)(5) |
| | |
| Inputs from more than one Functional Area? | No |
| List additional Functional Areas & contacts | |
| | |
| Inputs from more than one Policy Area? | No |
| List additional Policy Areas & contacts | |
| | |
| 30-day notification needed? | No |
| 30-day start date | n/a |
| 30-day end date | n/a |
| | |
| LDAP protected? | No |
| | |
| Need TABL reminders? | No |
| Frequency | n/a |
| Brief reminder text: | n/a |
| | |
| Approval Sheet for this revision received (date) \\
\[Note: author is responsible\} | |
h3. Key labels/tags:
employment of minors, minors, domestic partners, students, student assistance, mentor, work permit, near relatives, family members, family, employment of near relatives, employment of family members, employment of family
h3. New terms that need to be added to Glossary/Acronym list:
* (list items _not_ found and context (Policy Area name) -- full definition would be included in Policy)
h3. Implementing Documents restricted to department/functional use
(optional -- these will be used for tracing between requirements and associated documents)
| Document number | Title |
| UCOP 3301 1107 | [UC Benefits for Domestic Partners|http://atyourservice.ucop.edu/forms_pubs/misc/benefits_domestic_partners.pdf] |
| UCOP UBEN 250 (R1006) | [UC Declaration of Domestic Partnership form|http://atyourservice.ucop.edu/forms_pubs/forms_worksheets/uben250.pdf] |
| UCOP UBEN 253 (10/06) | [UC Termination of Domestic Partnership form|http://atyourservice.ucop.edu/forms_pubs/forms_worksheets/uben253.pdf] |
| 02.86.001.001-01 | Supervisor Responsibilities Training |
| 02.86.001.002-01 | Supervisor Scenario Workshop --- HR Issues |
| 02.03.011.002-01 | Student Assistant Offer Letter template |
| 02.03.011.003-01 | Student Assistant Position Description template |
\\
\\
Side bars:
Side bar 1 location (to the right of Section D.1.a)
Sidebar 1 text:
*Other Policies of Interest:*
Document number 02.03.011.000, _Appointments, Student Assistant_ (or RPM Section 2.01\[F\]\[8\]); and document number 02.04.002.000, _Terms & Conditions of Employment_ (or RPM Section 2.01(E)(6)
\\
Sidebar 2 location (to the right of Section D.1.b)
Sidebar 2 text:
{color:#0000cc}{*}{+}IMPORTANT{+}{*}{color}
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.
\\
Sidebar 3 location (to the right of D.1.c)
Sidebar 3 text:
*For more information, see:*
[California Work Permits|http://www.dir.ca.gov/dlse/dlse-cl.htm]\\
Sidebar 4 (to the right of D.2.b)
Sidebar 4 text:
*More information for Domestic Partners:*
[UC Benefits for Domestic Partners|http://atyourservice.ucop.edu/forms_pubs/misc/benefits_domestic_partners.pdf]
[UC Declaration of Domestic Partnership form|http://atyourservice.ucop.edu/forms_pubs/forms_worksheets/uben250.pdf]
[UC Termination of Domestic Partnership form|http://atyourservice.ucop.edu/forms_pubs/forms_worksheets/uben253.pdf]
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