REMEDIAL ACTIONS BASED ON UNACCEPTABLE PERFORMANCE Sample Clauses

REMEDIAL ACTIONS BASED ON UNACCEPTABLE PERFORMANCE. A. An employee may be reassigned, demoted, or removed from the Federal service because of Unacceptable performance in one or more critical job elements. A decision for such action may only be based on instances of Unacceptable performance which occurred within a 12-month period ending with the date of the proposed action. However, before it is proposed to remove an employee for Unacceptable performance, consideration must be given to the advisability of a reassignment or demotion to another position where it is likely the employee could perform acceptably. B. Demotions and removals due to Unacceptable performance are actions subject to the formal job protection procedures. When proposing to take such an action under 5 CFR 432, the following procedures will be followed: 1. Employees will be advised of their right to representation and will be given a minimum 30- calendar day advance notice. 2. The charge must list the critical job elements and standards of performance that were not met. It must include the basic facts developed in following the warning period outlined in paragraph A above. 3. A reasonable amount of official time to prepare and present a reply to the charge must be given and the employee so informed in the notice of proposed action. 4. Any records or documents relied upon to support the charge will be made available or provided to the employee or the representative for review upon request. Information on this matter must be also provided in the notice of proposed action. 5. Any reply made by the employee must be carefully considered. If it is decided that the proposed action is warranted and supported, the employee will be given a notice of decision. The decision to take the action must be made by the approving official. The notice of decision must include information on the employee's appeal or grievance rights, as appropriate, as well as the right of Union representation. 6. The employee will be notified in writing when it is decided to cancel the proposed action. C. A performance-based action may also be taken under 5 CFR 752 when the requirements of these regulations are followed. D. The procedural requirements above do not apply to the separation of employees during their probationary period after competitive appointment. Requirements pertaining to probationers are contained in Part 315, 5 CFR.
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Related to REMEDIAL ACTIONS BASED ON UNACCEPTABLE PERFORMANCE

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