POLICY

A. Purpose

This policy describes the flexible work options that Berkeley Lab managers and supervisors can use to effectively achieve business results while also enabling employees to balance their work demands and personal lives.

B. Persons Affected

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

C. 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 a minimum, the approval of the Chief Human Resources Officer.

D. Policy Statement

1. General
   1. While Berkeley Lab supports the use of flexible work options whenever possible, these options do not change the basic terms and conditions of employment and are not entitlements.
   2. Granting or denying approval of a request for a flexible work option is at the sole discretion of management. The denial of a request for a flexible work option or revoking of an approved flexible work option is not subject to the Employee Complaint Resolution policy.
   3. Berkeley Lab currently has two flexible work options: telework (flexible work arrangements) and flextime. Approval of both options must be within the provisions of the Hours of Work policy and guidance as provided in the Flexible Work Tool Kit.
2. Telework (Flexible Work Arrangements). Telework is a flexible work option that provides opportunities for employees to work from an off-site location while continuing to meet the business and operational needs of Berkeley Lab.
   1. General Provisions 
      1. Telework arrangements are between the employee and the employee's management, and is not an entitlement.
      2. Approval of an employee's request for a telework arrangement is based on the business and operational needs of the work unit. Telework arrangements are subject to change based on business or operational need.
      3. Managers will provide an explanation for denial or revocation of telework arrangement requests.
      4. An employee's performance during a telework arrangement is measured using the same standards that apply when the work is performed fully on-site at Berkeley Lab.
      5. Telework arrangements do not replace the formal medical accommodation process (see the Reasonable Accommodation policy); however, a telework arrangement may be part of a reasonable accommodation for employees who are permanently or temporarily disabled. Contact your division's HR Field team for guidance.
      6. A telework arrangement is not a substitute for regular dependent (child/elder) care.
      7. Berkeley Lab will be responsible for any work-related injuries under state worker's compensation laws while an employee is on an approved telework arrangement. This liability is limited to injuries resulting directly from work and only if the injury occurs in the employee's designated work area while the employee is actually working in the course and scope of their employment. Any claims will be handled according to the normal procedure for worker's compensation claims.
      8. Temporary mission-related assignments (1–3 years) to a domestic or international location are covered under the Temporary Change-of-Station policy.
      9. Minors are eligible for telework arrangements at the discretion of division management. However, minors are not eligible for out-of-state full-time remote work due to the liability that may be incurred related to out-of-state child labor laws. Divisions are encouraged to hire local minors or minors living in California.
   2. Telework (Flexible Work) Modes. Telework arrangements are available in the following three work modes:
      1. Hybrid Work. A hybrid work mode is an arrangement where an employee is required to work on-site for a portion of their time but can telework effectively from an alternate non-Berkeley Lab location for the balance of their work time. A hybrid work mode location is expected to be within local commuting distance (i.e., 150 miles from Berkeley Lab).
      2. Full-Time Telework. A full-time telework mode is an arrangement for an employee to work from a site other than Berkeley Lab, provided the site is within 150 miles from Berkeley Lab. Employees in the full-time telework mode are expected to work on-site on an occasional basis as required by business or operational need.
      3. Full-Time Remote Work. A full-time remote work mode is an arrangement to work from a site further than 150 miles from Berkeley Lab, provided the site is within the domestic United States. This type of work mode occurs when the employee works exclusively off-site as part of the terms and conditions of employment and does not maintain an office on a Berkeley Lab site. This work mode requires a formal written and approved Remote Work Agreement.
   3. International Telework. International telework for personal reasons should only be requested for unique and extenuating circumstances. Considerations for approval of international telework include the activity in which the employee will be engaged and the location where the work will be performed.
      1. An international telework period of 30 calendar days or less in a rolling 12-month period is allowed with Division Director and Export Control approval.
      2. International telework in excess of 30 calendar days is prohibited as it introduces added financial and security risk to Berkeley Lab. Exceptions to this provision may be approved by the Laboratory Director (or designee) and Export Control. 
   4. Property. For information regarding use of Berkeley Lab property for remote work arrangements, see The Way We Work website and the Flexible Work Tool Kit.
   5. Travel Expenses
      1. Employees in the Full-Time Remote Work mode may be reimbursed for travel to Berkeley Lab’s main site for official business purposes in accordance with the Travel Policy and Reference Guide.
      2. Employees in the Hybrid Work or Full-Time Telework modes are within the local area and will not be reimbursed for the costs to traveling to Berkeley Lab.
         
3. Flextime 
   1. Flextime is a flexible work option that allows an employee to choose, within limits, the hours for starting and ending work each day. This option allows employees some flexibility regarding their daily work schedule, provided it is compatible with their job scope and work unit's business and operational needs.
   2. Division management may determine that there are specific business and/or operational reasons why a regular, ongoing flextime schedule cannot be implemented. If business or operational requirements make regular, formal flextime practices unfeasible, arrangements can be made between the supervisor and employee on an occasional basis.
      
4. Occasional Flexible Work. As a general rule, this unplanned type of flexible work would occur no more than 12 times a year, for example, to stay home for a delivery, a technician visit, or a personal appointment located close to home. Supervisors approve occasional requests at their discretion.

E. Roles and Responsibilities

For more detailed employee and supervisor responsibilities see the Flexible Work Tool Kit on The Way We Work website. 

F. Definitions/Acronyms

G. Recordkeeping Requirements

None

H. Implementing Documents

For additional information and procedures regarding flexible work options see:

• The Way We Work website
• Flexible Work Tool Kit
• Flexible Work Procedures and Guidelines
• Remote Work Agreement

I. Contact Information

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

Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

J. Revision History

DOCUMENT INFORMATION