BRIEF

Policy Summary

This policy defines certain terms and conditions of employment at Berkeley Lab. The contents of this policy are not intended to serve as an exhaustive list of requirements or conditions of employment, and some or all of the requirements and conditions described in this policy may not apply to every individual who is hired by Berkeley Lab.

Who Should Read This 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 and procedures is welcomed. Send comments to [email protected].

POLICY

A. Purpose

This policy defines certain terms and conditions of employment at Berkeley Lab. The contents of this policy are not intended to serve as an exhaustive list of requirements or conditions of employment, and some or all of the requirements and conditions described in this policy may not apply to every individual who is hired by Berkeley Lab.

B. Persons Affected

This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

C. Exceptions

Requests that exceed what is allowed or that are not expressly addressed by current policy are considered exceptions to policy. Any request for an exception requires, at a minimum, the approval of the Chief Human Resources Officer (CHRO).  

D. Policy Statement

1. Eligibility for Employment. In general, to be eligible for employment at Berkeley Lab, individuals must meet and/or fulfill the following requirements:
   1. Be at least 14 years of age at the time of hire for any position; however, this age minimum may be higher for employment within a clinical or research laboratory.
   2. Obtain a work permit from the superintendent of their school if a minor (under 18 years of age). A minor’s hours of employment must be consistent with the provisions of their work permit.
   3. Present documentation of any required licenses, certifications, or credentials before employment and as needed thereafter.
   4. Provide employment eligibility verification. See section D.2.
   5. Satisfactorily complete background checks, as applicable. Employment is contingent upon the successful outcomes of this screening process. See section D.3.
   6. Disclose any employment misconduct, as applicable. See Section D.4.
   7. Sign the Intellectual Property Acknowledgement form. For more information, see the Intellectual Property Acknowledgement policy.
   8. Sign the California Oath of Allegiance, if a United States (U.S.) citizen.
   9. Complete all required initial and continuing access authorizations. As a Department of Energy (DOE) federal contractor, Berkeley Lab is required to comply with all applicable federal and DOE agency requirements governing all employment and access. Employment at Berkeley Lab may be contingent upon the successful completion of all required reviews, including continued access authorizations and approvals. All individuals being considered for a Berkeley Lab appointment, or those with a current appointment, must meet Department of Energy requirements applicable to National Laboratories on a continuing basis.  This includes, but may not be limited to, an appointee's ability to obtain an HSPD-12 compliant common access card, pass applicable background checks, and pass DOE standards for foreign national access. For information, refer to the Safeguards and Security section of the Requirements and Policies Manual (RPM).
2. Employment Eligibility Verification. In accordance with the Immigration Reform and Control Act of 1986 (IRCA), Berkeley Lab is required to verify the identity and work authorization of all candidates for employment, including U.S. citizens or non-citizen nationals, lawful permanent residents, and other non-citizens who are authorized to work. Berkeley Lab must not knowingly hire or continue to employ any individual not authorized to work in the U.S. Berkeley Lab does not discriminate against individuals on the basis of national origin or citizenship.
3. Background Checks. Berkeley Lab is dedicated to ensuring a safe and secure environment for staff and the broader community, protecting its assets, and upholding its integrity and reputation. To support these goals and minimize risk, all final candidates are required to complete applicable background checks after accepting a conditional offer of employment, as required by DOE or other Federal agencies.
   1. General 
      1.  Prior to making a conditional offer of employment, Berkeley Lab must not consider an applicant’s criminal history, including through questions in an employment application or internet searches. If an applicant voluntarily raises their criminal history prior to receiving a conditional offer, Berkeley Lab may not consider this or any other conviction history information until after making a conditional offer of employment.
      2. Prior to conducting a background check, Berkeley Lab must ensure that appropriate disclosures are made to, and consent forms are obtained from, the candidate as required by applicable state and/or federal law.
      3. Background checks are initiated after a conditional offer of employment and prior to the candidate’s start date. Under management-approved circumstances, a candidate may begin employment before background checks are complete, provided that all required access authorizations and approvals have been completed. Continued employment with Berkeley Lab shall be contingent upon satisfactory completion of applicable background checks.
      4. Background checks must only be used for evaluating the candidate for employment and cannot be used for discriminatory or retaliatory reasons as prohibited by state and federal law, Berkeley Lab policies, and UC policies.
      5. Former employees, including retirees, who are rehired must also complete applicable background checks.
      6. If a satisfactory background check has been completed, a current employee is generally not required to undergo an additional background check unless there is a specific business need for one, it is required by DOE or other Federal agencies, or required for continuing access authorization. In such cases, continued employment with Berkeley Lab may be contingent upon a satisfactory background check.
   2. Types of Background Checks. Berkeley Lab conducts background checks that use different methods to obtain information about a candidate's personal and employment data. Depending on the nature of the position, a background check may include any or all of the following:
      • Criminal record history
      • Employment verification
      • Education verification
      • Motor vehicle report
      • Professional licenses/credentials verification
      • Government security clearance (see the Security Clearances policy)
      • Homeland Security Presidential Directive (HSPD-12) credential
      • DOE Standards for Foreign National Access, including but not limited to Indices Checks (see the Unclassified Foreign National Access Program policy)
      • Office of Inspector General (OIG) exclusion list
   3. Adverse Action
      1. If a candidate does not consent to a background check, they will be disqualified from further consideration for the position.
      2. If a candidate is found to have provided false or misleading information or omitted information, the employment offer may be rescinded, and if the candidate is a current Berkeley Lab employee, they may be subject to corrective action, up to and including termination of employment, and/or removal of access to Berkeley Lab.
      3. If the background check contains any conflicting or potentially disqualifying information, the candidate may be disqualified from employment. Depending on the type of background check conducted, Berkeley Lab will provide the candidate or current employee with written notice of any potentially disqualifying or conflicting information and a period to respond before any adverse action is taken.

4. Employment Misconduct Disclosure

   1. General
      1. As a condition of employment for any position, all final candidates who accept a conditional offer of employment are required to disclose whether they are subject to any final administrative or final judicial decision(s) within the last seven years from the date of submission of the employment application determining that they committed misconduct.
      2. These requirements also apply to final candidates who are former Berkeley Lab and UC employees, and current UC employees. Internal Berkeley Lab final candidates are exempt from these requirements.
      3. Final candidates who disclose final administrative decisions of misconduct will be required to sign a release authorizing their previous employer(s) to provide Berkeley Lab with information about the misconduct. Berkeley Lab will evaluate the released information with respect to the criteria for potential employment.
      4. Final candidates who disclose prior decisions of misconduct will be provided an opportunity to disclose if they have filed an appeal with a previous employer, administrative agency, or court, if applicable.
      5. Additionally, for current or former UC employees, Berkeley Lab will contact the current or previous UC employer to review any notice of allegation(s) to determine if they are currently the subject of any administrative or disciplinary proceeding involving misconduct (i.e., informal resolution, alternative resolution, investigation, hearing) or whether there are any final administrative decisions within the last seven years determining they have committed misconduct.
         
   2. Adverse Action
      1. If a candidate fails to participate in the misconduct disclosure process the employment offer will be rescinded.
      2. If a candidate is found to have provided false, misleading, or omitted information, the employment offer may be rescinded.
      3. If a final candidate discloses employment misconduct, or if a prior or current employer confirms the candidate engaged in misconduct, the employment offer may be rescinded. Decisions to withdraw employment offers are made in consultation with Berkeley Lab’s Office of Legal Counsel, Employee and Labor Relations, and the Office for the Prevention of Harassment and Discrimination.
5. Medical Evaluations. Berkeley Lab may conduct medical evaluations for employees when required by government regulations. See PUB-3000, Chapter 3 Health Services.
6. Probationary Period
   1. Requirements: With the exceptions noted below, all new Career employees and Term employees hired with an initial appointment of a year or more must work a minimum probationary period of six months. During the probationary period, their work performance and general suitability for Berkeley Lab employment are carefully evaluated. While the employee is serving their probationary period, the employee is considered to be an at-will employee.
      1. Employees are not required to serve another probationary period if they have completed a full probationary period at a University of California (UC) location and transfer from that location without a break in service into a Career or Term appointment of one year or less at Berkeley Lab.
      2. Term-appointment employees who accept a Career position in the same classification, in the same division, reporting to the same supervisor, without a break in service are not required to serve a probationary period if their Term appointment lasted at least one year and they have received at least a "satisfactory" rating on either a probationary period review or annual performance evaluation.
      3. Limited-appointment employees who accept a Career position in the same classification, in the same division, reporting to the same supervisor, without a break in service are required to serve a probationary period. Time served on pay status by these employees during their Limited appointment, exclusive of on-call and overtime hours, shall be credited toward completion of their probationary period, up to a maximum of 1,000 hours.
      4. Individuals hired into Research Scientist/Engineer (Career-track), Staff Scientist/Engineer (Career-track), Divisional Fellow (Career-track), Senior Staff Scientist/Engineer, and Distinguished Scientist/Engineer appointments do not serve a probationary period. See the Appointments, Scientist & Engineer policy.
      5. Employees who are rehired following a break in service shall serve a new probationary period whether or not they previously completed a probationary period.
      6. Time on cumulative leave of four weeks or longer with or without pay is not qualifying service for completion of the probationary period, and the employee's probationary period shall automatically be extended by the length of time spent on leave.
   2. Progress Monitoring and Reports: The supervisor is responsible for monitoring the progress and performance of probationary employees throughout the probationary period.
   3. Extending the Probationary Period
      1. A manager or supervisor may request an extension of the probationary period. The division director and the CHRO may approve an extension of up to three (3) months.
      2. If an employee's probationary period is being extended because the employee was on cumulative leave of four weeks or longer during the probationary period, the extension is automatic and does not require the concurrence of the division director and CHRO.
   4. Release of Probationary Employees: An employee serving a probationary period may be released at any time during the probationary period at management's discretion.
   5. Completion of Probationary Period: The employee's probationary period is completed after six months of continuous service. If the employee's probationary period was extended, then the employee's probationary period is completed after the extension date. Employees who have received credit for working in a Limited appointment prior to beginning a Career appointment complete their probationary period after working the equivalent, in number of hours, of six months of continuous service.
7. Criminal Conviction Reporting: Within five calendar days of a felony conviction in any U.S. or foreign court, current employees are required to report that conviction to their division's HR Field team. Adverse information found may result in corrective actions.

E. Roles and Responsibilities

F. Definitions

G. Recordkeeping Requirements

H. Implementing Documents

None

I. Contact Information

For more information, contact your division's HR Field team.
Feedback on HR policies and procedures is welcomed. Send comments to [email protected].

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• California Investigative and Consumer Reporting Agencies Act (ICRAA)
• California Labor Code, Employment of minors
• California Consumer Credit Reporting Agencies Act (CCRAA)
• California Disposal of Consumer Report Information and Records
• DOE Contract 31, Clause I.50, FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)
• (Federal) Immigration and Nationality Act (INA)
• (Federal) Immigration Reform & Control Act (IRCA) (1986)
• Homeland Security Presidential Decision Directive-12 (HSPD-12)
• DOE Order 142.3B, Unclassified Foreign National Access Program
• DOE Order 473.1A, Physical Protection Program
• University of California Personnel Policies for Staff Members (PPSM) 21, Selection and Appointment
• University of California Personnel Policies for Staff Members (PPSM) 22, Probationary Period