Common use of ACTIONS BASED ON UNACCEPTABLE PERFORMANCE Clause in Contracts

ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. 1. Pursuant to 5 U.S.C. 4303, an action based on unacceptable performance, for the purpose of this article, is the reduction in grade or removal of an Employee whose performance is at the unacceptable level. Unacceptable performance means the performance of an Employee that fails to meet established performance standards in one (1) or more critical elements of his/her position. 2. Prior to issuing a notice of proposed action based upon unacceptable performance, the Employer will provide the Employee an opportunity to demonstrate acceptable (5 CFR 432.104/370) performance. The Employer will provide a written notice to the Employee, in the form of a performance improvement plan (PIP). The PIP will: a. Cite the critical elements for which performance is unacceptable. b. Give specific instances of unacceptable performance related to the critical elements. c. Cite the performance standards and describe the performance requirements that must be met in order to demonstrate performance at the acceptable level for each critical elements in which the Employees performance is unacceptable. d. Describe the appropriate assistance that will be provided by the Employer to help the Employee improve his/her performance to the acceptable level. e. State that the Employee will normally be given between 30-60 days and may be extended up to 90 days for an opportunity to demonstrate acceptable performance in his or her position. f. Inform the Employee that unless his or her performance in the critical elements improves to and is sustained at an acceptable level, the Employee may be reduced in grade or removed. (5 CFR 431.104/370) g. Provide for notification to the Employee during the PIP when PIP requirements are not being met.