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Administrative Manual - 207 Leaves of Absence

207.12 Entrepreneurial Leave of Absence

  1. POLICY An employee may be granted Entrepreneurial Leave of Absence to accelerate technology start up based on DOE developed technologies.

    Approval of the Entrepreneurial Leave of Absence is accomplished by the Chief Financial Officer and Business Operations Manager and oversight is provided by Human Resources. The Chief Financial Officer and Business Operations Manager is responsible for counseling the employee on these policies and rules and either denying or approving the Entrepreneurial Leave of Absenc
    • Leave must be acceptable to the employee's management/division director.
    • Leave must not jeopardize JSA's commitments to honor any prior agreement with other licensees, including the ability to provide technical support as determined by the division director.
    • Issues of "Fairness of Opportunity" must be properly addressed to the satisfaction of the Technology Transfer Committee and the Chief Financial Officer and Business Operations Manager.
    • Leave must not create a conflict of interest for the employee or JSA.
    • Employee must demonstrate the potential for successful deployment of DOE technology:
      • If licensing is an appropriate result of the Leave, the commitment to license DOE technology within specified time period after granting leave.
      • Use of DOE knowledge (product or process with no specific intellectual property rights) that is core to the new business.
      • Commitment to start a regional-based business.
    • Employee is creating and/or supporting a company or a new enterprise in an existing firm.
    • If creating a new company, the employee must provide a summary business plan, commercialization strategy, or individual performance plan and milestones that illustrate the use of the DOE technology.

    The leave will be terminated immediately upon the occurrence of any of the following:

    • Expiration of the approved term of the leave.
    • Failure to meet the objectives of the business plan as determined by the Chief Financial Officer and Business Operations Manager.
    • Breach by the entrepreneurial venture or the terms and conditions of any JSA license or upon mutual agreement between the entrepreneur on leave and the Chief Financial Officer and Business Operations Manager.

    Employees are expected to remain on leave for the duration of their leave period. Should the leave be terminated in advance of the leave period, it will be at management discretion based on operational need to accept the employee back to work earlier than scheduled.


    The Technology Transfer Committee can provide assistance to the entrepreneurial venture in such areas as:

      • Facilitating integration of the venture into the regional business community
      • Guiding the venture toward the various services available with the business community.
      • Request at least one annual status discussion and/or report for the purpose of assessing the entrepreneurial leave program with respect to the venture.
      • Submit an annual report to DOE on the activities of the entrepreneurial leave of absence program. Provide interim briefings to DOE as requested.
      • Negotiate/approval of JSA license agreements with entrepreneurial venture.

    The Technology Transfer Committee may provide the services normally afforded by the TRC to any private sector business.


This procedure applies to employees planning an entrepreneurial leave. These leaves are granted to assist and support start-up ventures that encourage the effective transfer and commercialization of DOE-developed technology to the commercial sector.

Initial leave is granted for a minimum of three (3) months and a maximum of twelve (12) months. Entrepreneurial leave can be extended upon the written request of the employee. The total of initial leave plus extensions cannot exceed 36 months.

Leave of absence will be evaluated using the Selection and Evaluation Criteria listed above.


Step 1

Six weeks before a leave is to begin (or as soon as reasonably possible), the employee notifies his or her supervisor in writing of his or her intent and discusses the leave.

Step 2

The supervisor or appropriate line manager notifies the appropriate Human Resources Manager of the requested leave and requests guidance/assistance with processing of the request.

Step 3

Employee prepares and submits the following to the Chief Financial Officer and Business Operations Manager:

  1. Approval letter from line management or divisional director to include period of time authorized.
  2. Justification for Leave request to include:
    1. Description of the DOE or JSA intellectual property involved;
    2. If applicable, a written business plan, with description of the planned market (this market should not consist primarily of sales to DOE or JSA);
    3. Discussion of anticipated financing;
    4. Schedule of timeline with key milestones to be accomplished during participation of the leave;
  3. Entrepreneurial Leave of Absence Request Form, following the policy above.
  4. Approved Outside Business Activity Request Form

Step 4

The employee makes an appointment for an interview of eligibility with the Chief Financial Officer and Business Operations Manager.

Step 5

The Chief Financial Officer and Business Operations Manager reviews the documentation and interviews the employee.

Note: Employee should bring all documentation to the interview.

Step 6

The Chief Financial Officer and Business Operations Manager decides whether Entrepreneurial leave is to be granted or denied, on a case-by-case basis.

If leave is denied, the Chief Financial Officer and Business Operations Manager informs the employee of the same and sends confirmatory memo to the employee's organization manager with the leave package attached.

If the leave is approved, the Chief Financial Officer and Business Operations Manager signs the Entrepreneurial Leave of Absence Request Form and forwards leave package to employee's organization manager and Human Resources with memo stating that the Entrepreneurial leave of absence is approved.

Note: Human Resources will maintain records of Entrepreneurial Leave of Absence Request Forms with a copy to the employee's personnel file.

Step 7

If JSA Intellectual Property is involved, the Technology Transfer Committee with approval from the Chief Financial Officer and Business Operations Manager (or appropriate licensing authority) negotiates an appropriate license with the employee's company.

If the results of the negotiation are not in the best interest of JSA, the leave will be denied.

Step 8

Employee contacts Benefits Coordinator for discussion concerning the effect of the leave on the employee's benefits.

Step 9

The organization manager forwards the leave package to the Human Resources Manager for approval.

Step 10

The Human Resources Manager forwards the approved package to the Benefits Coordinator and informs employee's line manager.

Step 11

The Benefits Coordinator initiates the benefits changes as appropriate.

Step 12

Entrepreneurial leave begins on the approved effective date.

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