Employment of Minors, Near Relatives, and Domestic Partners

Title:	Employment of Minors, Near Relatives, and Domestic Partners
Publication date:	3/8/2017
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 [email protected].

Title:	Employment of Minors, Near Relatives, and Domestic Partners
Publication date:	3/8/2017
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: Career, Term, Faculty, Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retiree, Graduate 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 and Diversity Officer (CHRO).

D. Policy Statement

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:
  
  California Work Permits
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.
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 approval of the CHRO when:
  
  More information for Domestic Partners:
  
  UC Benefits for Domestic Partners
  
  UC Declaration of Domestic Partnership form
  
  UC Termination of Domestic Partnership form
  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 Deputy Director for Operations.
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 and Diversity Officer
CSEE	Center for Science and Engineering Education
GSRA	Graduate Student Research Assistant
HR	Human Resources
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