Title:

Severance

Publication date:

11/9/2022

Effective date:

9/25/2014

BRIEF

Policy Summary

Lawrence Berkeley National Laboratory (Berkeley Lab) career employees who have been involuntarily laid off will be eligible to elect either:

  • Severance pay in accordance with this policy or
  • The right to be recalled to the layoff unit from which the employee was laid off and the right for preference for reemployment at Berkeley Lab (for up to one year; see the Recall and Preferential Rehire policy).

For information about layoffs, see the Reduction in Force policy.

Who Should Read This Policy

  • This policy applies to career employees who have completed their probationary period.
  • This policy does not apply to career employees in Upper Laboratory Management (at-will) positions. Upper Laboratory Management employees should consult the Appointments, Upper Laboratory Management policy.
  • This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

For more information, contact your division's HR Field team.
Feedback on HR policies or procedures is welcomed. Send comments to HRpolicies@lbl.gov.


Title:

Severance

Publication date:

11/9/2022

Effective date:

9/25/2014

POLICY

A. Purpose

Lawrence Berkeley National Laboratory (Berkeley Lab) career employees who have been involuntarily laid off will be eligible to elect either:

  • Severance pay in accordance with this policy or
  • The right to be recalled to the layoff unit from which the employee was laid off and the right for preference for reemployment at Berkeley Lab (for up to one year; see the Recall and Preferential Rehire policy). 

B. Exceptions

Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, approval by the Chief Human Resources Officer (CHRO). Depending on the circumstances, some exceptions may require University of California Office of the President (UCOP) and/or Department of Energy (DOE) approval.

C. Persons Affected

  • This policy applies to career employees who have completed their probationary period.
  • This policy does not apply to career employees in Upper Laboratory Management (at-will) positions. Upper Laboratory Management employees should consult the Appointments, Upper Laboratory Management policy.
  • This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

D. Policy Statement

  1. Non-probationary career employees who are voluntarily or involuntarily laid off from employment for an indefinite period due to lack of work or lack of funds are eligible for a severance payment if they elected severance payment instead of recall and preferential rehire rights (see Reduction in Force and Recall and Preferential Rehire policies) in accordance with the provisions listed below.
  2. Severance Payment Calculations and Method of Payment

    1. Calculation. The severance payment will be based on full-time-equivalent (FTE) service, which is equivalent to a 40-hour week. Any service period less than full time will be adjusted to reflect the reduction. For example, part-time employment will require working more than a year to equate to a year of service. 

      Work Schedule

      Service Credit

      40 hours per week

      Work one year to receive one-year credit

      20 hours per week

      Work two years to receive one-year credit

    2. The severance payment will be made in an amount equal to one week's pay for each year of continuous FTE Berkeley Lab service (including service at Lawrence Livermore National Laboratory and Los Alamos National Laboratory while these national laboratories were exclusively managed by the University of California). Anything less than FTE service will be calculated at a reduced rate. A fractional year of full-time service of six months or more is counted as one year of service. For example:

      Years of Service

      Appointment Percentage

      Severance Payment

      5.25 years

      100%

      5 weeks of severance

      5.50 years

      100%

      6 weeks of severance

      10 years

      100%

      10 weeks of severance

      10 years

      50%

      5 weeks of severance

    3. The severance payment is not to exceed a total of 26 weeks' pay.

    4. Method of Payment. Severance will be paid in a lump sum at the time of termination, and will include appropriate taxes and other withholdings deductions.

  3. Conditions

    1. Layoff. Severance payments will not extend the period of employment beyond the date of termination due to layoff.

    2. Previous Severance Payment. A severance payment made to an employee will not include payment for any period of service for which the employee has previously received severance payment(s).

    3.  Time worked at a University of California (UC) location is not counted for severance payment.

    4.  Time worked before a break in service is not included in the severance calculation.

  4. Limitations. A severance payment will not be made to any employee who:

    1. Is placed on temporary work deferment status, temporarily reduced in time, or permanently reduced in time.

    2. Elects right to recall/right for preferential rehire (see the Recall and Preferential Rehire policy).

    3. Transfers to another Berkeley Lab position or University career position.

    4. Refuses an offer or transfer to an equivalent position within Berkeley Lab or another University location.

    5. Is offered employment with a successor/replacement DOE contractor.

    6. Dies, except that severance pay will be provided if an individual dies after receiving notice of layoff.

    7. Is dismissed for cause.

    8. Elects to resign and has not received notice of layoff.

    9. Elects to retire and has not received notice of layoff.

  5. Exceptions for Voluntary Resignations. Exceptions for voluntary resignations upon approval of the Deputy Director for Operations or designee may be made as follows:

    1. An employee who resigns after receiving formal notification of layoff but before the effective date of layoff may be provided a severance payment.

    2. An employee who resigns in lieu of another employee who would have been laid off may be provided a severance payment. Normally, approval of a voluntary layoff will be given only if the resignation will not have a detrimental effect on work in progress.

  6. Reemployment. If an individual who has received severance payment is rehired at Berkeley Lab in a career position before expiration of the number of weeks for which the employee has received severance payment, the amount of the balance will be repaid to Berkeley Lab at time of hire.

E. Roles and Responsibilities

Role

Responsibility

Chief Human Resources Officer

Has the functional responsibility for this policy

Employees

Have the responsibility to adhere to the provisions of this policy

Human Resources Division

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

Managers and supervisors

Have the responsibility to adhere to the provisions of this policy

Payroll

Has the responsibility for the severance-payment calculation

F. Definitions/Acronyms

Term

Definition

CBA

Collective bargaining agreement

CHRO

Chief Human Resources Officer

Continuous service

Service is continuous if an employee is on pay status each month without a break in service.
For severance-pay purposes, a break in service occurs when there is a separation from Berkeley Lab employment status for any reason, except that a separation from employment for the purposes of transferring an employee to another University location is not a break in service.

  • Periods on an approved leave without pay for military service, illness or injury compensable by workers' compensation, assignment to another research organization at the direction of Berkeley Lab, or an approved leave without pay for any period of 30 calendar days or less are counted as periods of continuous service for the purposes of severance pay, as are periods on pay status before and after any other approved leave without pay.
  • Periods of employment before a break in service are not counted as periods of continuous service for purposes of severance pay.
  • Periods of employment as a UC Graduate Student Research Assistant (GSRA), student assistant, or other trainee position are not counted as periods of continuous service for purposes of severance pay.
  • Periods of employment on variable time (once called indeterminate time) are not counted as periods of continuous service for purposes of severance pay.
  • Time spent as a postdoctoral fellow is counted toward calculating severance payment if the postdoctoral fellow continued their employment in a career appointment without a break in service.
  • When a Limited appointment has been designated a career appointment after attaining 1,000 hours of qualifying service in any 12 consecutive months without a break in service of at least 120 consecutive calendar days, these hours on pay status will be counted for purposes of severance pay. Qualifying service includes all time on pay status in one or more Limited appointments at the University. However, only those hours worked at Berkeley Lab will be counted toward calculation of the severance payment.

Equivalent job

An equivalent job is any career position with Berkeley Lab or the University at a beginning salary at least equal to the salary paid the employee in the job from which that employee was laid off, regardless of salary range.

One week's pay

One week's pay for nonexempt hourly rated employees is defined as the basic hourly rate (excluding shift differential and overtime) times 40 hours or the specifically approved workweek. One week's pay for full-time exempt employees is defined as the hourly equivalent of the monthly rate times 40 hours (or, for part-time exempt employees, times the percentage time equivalent).

University

"University" in this section refers to any University of California location, including a UC-managed DOE national laboratory

G. Recordkeeping Requirements

Role

Responsibility

Human Resources Division

Is responsible for maintaining all employee records

Payroll Department

Is responsible for maintaining severance calculation records

H. Implementing Documents

None

I. Contact Information

For more information, contact your division's HR Field team.
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

1/2/2012

0

M. Bello

Re-write for wiki (brief only).

All

N/A

9/21/2012

1

M. Bello

Re-write for wiki. Reduction in Force policy was revised. Recall and Preferential Rehire policy was archived.

All

Major + 30 days

9/25/2014

2

M. Bello

Reinstated Recall & Preferential Rehire policy. Changed period of right to recall & right to preferential rehire to one year.
Eligible employees choose between severance or right to recall/preference for reemployment.

All

Major +  30-day employee comment period

3/8/2017

2.1

M. Stoufer

Update "Chief Operating Officer" position title to "Deputy Director for Operations"

All

Editorial

3/10/2022

2.2

W. Crosson

  • Minor edits for clarification
  • Updated links
  • Removed outdated Implementing Documents
  • Removed existing gendered pronouns and replaced with gender-neutral language.

All

Editorial

11/9/20222.3W. CrossonEditorial changes for clarificationC, D.4.aEditorial 

DOCUMENT INFORMATION

Title:

Severance

Document number

02.06.009.000

Revision number

2.3

Publication date:

11/9/2022

Effective date:

9/25/2014

Next review date:

3/10/2027

Policy Area:

Compensation and Work Hours

RPM Section (home)

Human Resources

RPM Section (cross-reference)

none

Functional Division

Human Resources

Prior reference information (optional)

RPM Chapter 2.06(C)(3)

Source Requirements Documents

Source

Document Number & Effective Date

Document Title

DOE

DE-AC02-05CH11231, Sec. J, App. A

Advanced Understandings on Human Resources

DOE

FAR 31.205-6(g)

Compensation for Personal Services (Severance)

University of California

PPSM 60

Layoff and Reduction in Time from Professional and Support Staff Career Positions

Implementing Documents

ADDITIONAL INFORMATION

Title:

Severance

Document number

02.06.009.000

Revision number

2.3

Publication date:

11/9/2022

Effective date:

9/25/2014

Next review date:

3/10/2027

Policy Area:

Compensation and Work Hours

RPM Section (home)

Human Resources

RPM Section (cross-reference)

none

Functional Division

Human Resources

Author name/contact info

M. Bello



Revision 0 publication date


Retirement date

n/a

Prior reference information (optional)




Inputs from more than one Functional Area?

Yes

List additional Functional Areas & contacts

Ann del Simone, Legal Analyst Jeff Blair, Legal Counsel UCOP HR Policies



Inputs from more than one Policy Area?

Yes

List additional Policy Areas & contacts

David Wiedrick, Compensation & Benefits Manager Mari Cook, Employee Labor Relations Manager



30-day notification needed?

Yes

30-day start date

TBD

30-day end date

TBD



LDAP protected?

Yes



Need TABL reminders?

No

Frequency

n/a

Brief reminder text:

n/a



Approval Sheet for this revision received (date) [Note: author is responsible}


Key labels/tags:

Severance, layoff, reduction-in-force

New terms that need to be added to Glossary/Acronym list:

None

Implementing Documents restricted to department/functional use

Audience

Document Number

Document Title

Type

For HR Staff

02.12.004.013

RIF Letter Template – Nonrepresented

Template

For HR Staff

02.12.004.014

RIF Letter Template – Represented

Template

For HR and Payroll Staff

02.06.009.002

Severance Calculation Worksheet

Form

Side bars 1, place in POLICY tab, A. Purpose:

Other Policies of Interest
Side bar 1 text:
Reduction in Force
Upper Lab Management
Temporary Work Deferment Policy
Side bars 2, place in POLICY tab, D.2 Severance Payment Calculations:
UC-Managed DOE National Laboratories
Side bar 2 text:
UC currently manages Lawrence Berkeley National Laboratory.
UC ceased managing these DOE national laboratories:
Lawrence Livermore National Laboratory (LLNL) 10/1/2007
Los Alamos National Laboratory (LANL) 6/1/2006