Waivers of Recruitment

Waiving recruitment for a career position is unusual and the circumstances for considering such a waiver vary. Submit written requests electronically to Human Resources' attention, through ServiceHub. Requests are reviewed on a case-by-case basis.
NOTE:  Recruitment for career positions covered by a collective bargaining agreement is controlled by that agreement and may not be waived.

Please make sure to:

• Download, complete and return the CAREER WAIVER form through ServiceHub.
• Explain your reason for requesting a waiver of career recruitment.
• Include a copy of the candidate's resume and job description with your request.
• If needed, request that a compensation analyst classify the position. Make sure the classification request has the proper signatures from your department and approval from Compensation. This paperwork can be sent or faxed under separate cover.
• Criteria for Waiver of Recruitment Requests. A waiver of recruitment must be based on business necessity and requires documenting the reasons that listing the vacant position would cause the department undue hardship in meetings its goals, such as disruption of critical services or research activity. Factors should include any specific constraints that would adversely affect the successful completion of a project if recruitment were conducted. Waiver requests should address applicable issues that support the need to waive recruitment, such as:
  • A specific applicant possesses a unique skill, knowledge, and/or ability. Documentation should identify a specialized skill necessary to perform the duties of the position and its role in achieving project or program goals.
  • Program funding transfer. Proposed hire of a Principal Investigator (PI) is bringing project funding to the Berkeley campus along with the filled position.
  • Off-campus work site. Location of the job makes recruiting difficult. For example, if the job site were in southern or central California, it would be difficult to recruit for the position in the Bay Area.
  • Specific skills are scarce in the labor market. Factors can include previous efforts such as the number of positions previously opened for recruitment for which recruitment difficulty existed, including the specific skill, knowledge, and ability required; when and how long the search was conducted; and results of the recruitment.
  • Extreme time and/or funding constraints on project completion.
  • Transfer or re-employment of an employee because of rehabilitation or medical separation .
  • Temporary position to extend the employment of a Berkeley student/GSRA/postdoctoral candidate. In these situations, the employee has just completed the degree requirements and can no longer hold a casual/restricted (student status) appointment. These waivers are to complete a specific project.
  • I-4 separation/rehire. These are employees who do not work any hours for a three-to-four-month period and are automatically dropped from the Personnel/Payroll System. The appointments are normally on an on-call or as-needed basis.
  • Conversion to career. Temporary employees who are assigned through Employment Services may be eligible for conversion to career appointments. Career conversion must be authorized through the hiring department and must be funded through the hiring department’s budget. All conversions are governed by either personnel policy or union contract, depending upon the title classification. Please consult Employment Services Manager regarding the conversion of any temporary employee to a career position.

Contract positions are those PPSM titles that are approved by your Employee Relations Consultant. The contract must have an end date to be valid. Waivers of recruitment for Contract hires are administered on a case-by-case basis by the Employment Services Manager. To request a recruitment waiver, please follow the same process as you would for career waivers [see information above] and submit the request electronically to the attention of the Employment Services Manager through ServiceHub.

Please make sure to:

• Download, complete and return the CONTRACT WAIVER form through ServiceHub.
• Include a copy of the candidate's resume and job description with your request.
• Include a copy of job description
• Reason for the request

Limited positions are those established at 50% to 100% time for less than one year or indefinite positions at less than 50% time. Departments may grant limited waivers for appointments up to 900 hours in a rolling 12-month period without People & Culture's approval. No extensions of limited waivers will be granted. Set up systems and procedures appropriate for your department to grant and process limited waivers. Some points to remember include:

• Before granting a limited waiver, determine why the position is not being listed for regular recruitment.
• Request for waiver of recruitment must be based on business necessity and include documentation of reasons listing the vacant position would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity.
• Issues to support recruitment waiver can be identified in Criteria for Waiver of Recruitment Requests [information included above]
• On the Job Information screen within HCM Workforce Administration, select "3-Limited" under the drop-down menu for Appointment Type.
• Before any written documentation is prepared, the Department Head, Departmental Human Resources Manager (DHRM), or designee should discuss the proposed limited waiver request with the supervisor.

The DHRM or designee should ask:

• Why the position is not being listed for recruitment

Documentation:

• A memorandum that addresses the need for a limited waiver, based on the criteria outlined in this chapter.
• A Job Description card describing the essential duties and responsibilities of the position.
• A document specifying the qualifications required to perform the duties of the position.
• Application or resume of the prospective candidate.
• Recommended salary offer (normally at the minimum of the salary range/grade).

Approval:

• Employment Services approves or denies the limited waiver request for any appointment longer than 900 hours.

Monitoring Process:

Departments should maintain activity reports that summarize limited waiver activities including:

• Title of the position
• Name of the employee hired
• Gender/Ethnicity
• Appointment percent
• Start and ending date of the appointment
• Salary
• Specific unit

Waiving recruitment for a career position is unusual and the circumstances for considering such a waiver vary. Submit written requests electronically to Human Resources' attention, at recruitmentwaiver@berkeley.edu. This account will be reviewed every Wednesday and approvals could take up to 5 business days. Requests are reviewed on a case-by-case basis.
NOTE:  Recruitment for career positions covered by a collective bargaining agreement is controlled by that agreement and may not be waived.

Please make sure to:

• Download, complete and return the CAREER WAIVER form by email to recruitmentwaiver@berkeley.edu.
  
  
• Explain your reason for requesting a waiver of career recruitment.
  
  
• Include a copy of the candidate's resume and job description with your request.
  
  
• If needed, request that a compensation analyst classify the position. Make sure the classification request has the proper signatures from your department and approval from Compensation. This paperwork can be sent or faxed under separate cover.
  
  
• Criteria for Waiver of Recruitment Requests. A waiver of recruitment must be based on business necessity and requires documenting the reasons that listing the vacant position would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity. Factors should include any specific constraints that would adversely affect the successful completion of a project if recruitment were conducted. Waiver requests should address applicable issues that support the need to waive recruitment, such as:
  • A specific applicant possesses a unique skill, knowledge, and/or ability. Documentation should identify a specialized skill necessary to perform the duties of the position and its role in achieving project or program goals.
  • Program funding transfer. Proposed hire of a Principal Investigator (PI) is bringing project funding to the Berkeley campus along with the filled position.
  • Off-campus work site. Location of the job makes recruiting difficult. For example, if the job site were in southern or central California, it would be difficult to recruit for the position in the Bay Area.
  • Specific skills are scarce in the labor market. Factors can include previous efforts such as the number of positions previously opened for recruitment for which recruitment difficulty existed, including the specific skill, knowledge, and ability required; when and how long the search was conducted; and results of the recruitment.
  • Extreme time and/or funding constraints on project completion.
  • Transfer or re-employment of an employee because of rehabilitation or medical separation.
  • Temporary position to extend the employment of a Berkeley student/GSRA/postdoctoral candidate. In these situations, the employee has just completed the degree requirements and can no longer hold a casual/restricted (student status) appointment. These waivers are to complete a specific project.
  • I-4 separation/rehire. These are employees who do not work any hours for a three-to-four-month period and are automatically dropped from the Personnel/Payroll System. The appointments are normally on an on-call or as-needed basis.
  • Conversion to career. Temporary employees who are assigned through Employment Services may be eligible for conversion to career appointments. Career conversion must be authorized through the hiring department and must be funded through the hiring department’s budget. All conversions are governed by either personnel policy or union contract, depending upon the title classification. Please consult the Employment Services Manager regarding the conversion of any temporary employee to a career position.

Contract positions are those PPSM titles that are approved by your Employee Relations Consultant. The contract must have an end date to be valid. Waivers of recruitment for Contract hires are administered on a case-by-case basis by the Employment Services Manager. To request a recruitment waiver, please follow the same process as you would for career waivers [see information above] and submit the request electronically to the attention of the Employment Services Manager at recruitmentwaiver@berkeley.edu.

Please make sure to:

• Download, complete and return the CONTRACT WAIVER form by emailing it to recruitmentwaiver@berkeley.edu.
  
  
• Include a copy of the candidate's resume and job description with your request.
  
  
• Include a copy of the job description
  
  
• Reason for the request

Limited positions are those established at 50% to 100% time for less than one year or indefinite positions at less than 50% time. Departments may grant limited waivers for appointments up to 900 hours in a rolling 12-month period without People & Culture's approval. No extensions of limited waivers will be granted. Set up systems and procedures appropriate for your department to grant and process limited waivers. Some points to remember include:

• Before granting a limited waiver, determine why the position is not being listed for regular recruitment.
  
  
• Request for waiver of recruitment must be based on business necessity and include documentation of reasons listing the vacant position would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity.
  
  
• Issues to support recruitment waiver can be identified in Criteria for Waiver of Recruitment Requests [information included above]
  
  
• On the Job Information screen within HCM Workforce Administration, select "3-Limited" under the drop-down menu for Appointment Type.
  
  
• Before any written documentation is prepared, the Department Head, Departmental Human Resources Manager (DHRM), or designee should discuss the proposed limited waiver request with the supervisor.

The DHRM or designee should ask:

• Why the position is not being listed for recruitment

Documentation:

• A memorandum that addresses the need for a limited waiver, based on the criteria outlined in this chapter.
  
  
• A Job Description card describing the essential duties and responsibilities of the position.
  
  
• A document specifying the qualifications required to perform the duties of the position.
  
  
• Application or resume of the prospective candidate.
  
  
• Recommended salary offer (normally at the minimum of the salary range/grade).

Approval:

• Employment Services approves or denies the limited waiver request for any appointment longer than 900 hours.

Monitoring Process:

Departments should maintain activity reports that summarize limited waiver activities including:

• Title of the position
• Name of the employee hired
• Gender/Ethnicity
• Appointment percent
• Start and ending date of the appointment
• Salary
• Specific unit