Common use of Unacceptable Performance Clause in Contracts

Unacceptable Performance. A. When the supervisor observes that an employee’s performance is unacceptable in one or more critical elements, the supervisor will inform the employee in writing of the observed pattern of performance and provide the employee an opportunity to improve by developing a written performance improvement plan (PIP). Notification must allow time for improvement prior to being given a final summary rating. The purpose of the PIP is to assist the employee in improving performance to the fully successful level. The PIP will give an ‘opportunity period’ of not less than sixty (60) days for the employee to improve performance. Depending on the nature of the work, a longer ‘opportunity period’ may be appropriate. The PIP will specify, as appropriate, the counseling, training, coaching and any other specific actions to be accomplished within the ‘opportunity period’. If an employee would be given an unsatisfactory rating at the end of the performance year and has not been placed on a PIP with respect to the same critical element during the performance year, the rating period will be extended and the employee should be placed on a PIP. Upon completion of the PIP, a final rating will be given. The employee will be given the following information (in writing): 1. An explanation of those aspects of performance in which the employee’s performance falls below Level 2, 2. A detailed explanation of what must be done to bring his/her performance up to at least Level 2, 3. A statement that his/her performance may result in a reassignment, demotion or removal if the employee does not demonstrate performance at Level 2 or higher during the PIP period. B. During the PIP period, the supervisor or designee will conduct regular meetings with the employee to provide feedback regarding the employee’s progress under the current performance improvement plan. At the employee’s request, a Union Representative can participate in the meetings, provided that no delay to the meeting results. C. Within ten (10) work days after the end of the PIP period, the employee will be notified as to whether he or she successfully completed the PIP. D. If the supervisor determines to extend the period of the PIP, he/she will notify the employee in writing. E. The requirement for issuing a performance improvement plan does not apply to those employees serving a probationary or trial period, or to temporary or certain term employees. F. If, after being given the opportunity to improve, the employee continues to fail to meet performance standards for one or more critical elements (as indicated by achieving at least minimally acceptable performance), the Agency will consider reassignment, demotion or removal of the employee from his/her position, as appropriate. G. If the Agency considers it necessary to effect a demotion or removal for unacceptable performance under the procedures listed in the applicable law and regulation, the Agency will follow applicable procedures. The employee will be provided with a final written decision on or prior to the effective date of the action. The decision letter will contain the notification of appeal and grievance rights. H. The Agency will comply with law, rule, government-wide regulation, Agency policy, and this Agreement in taking actions against employees under this Article. 1. If the Agency proposes to effect a demotion or removal, any such action, if taken under the procedures of 5 U.S.C. Chapter 43 (432 actions), the proposal will be issued at least thirty (30) days in advance of the final decision notice and will include: a. The specific instances of unacceptable performance, b. The employee’s right to reply to the proposal orally and/or in writing within fifteen (15) calendar days to the deciding official and to be represented by the Union. c. The timelines set out in this section can be extended by mutual agreement of the Union and the Agency or of the employee and the Agency as applicable. 2. The final written decision by the Agency will: a. Be concurred with or issued by an official who is in a higher position than the official who proposed the action, b. Be received by the employee at or before the time the action will be effective, and c. Provide notification of appeal or grievance rights which includes Merit Systems Protection Board and negotiated grievance procedure rights. I. In 432 actions, only instances which were stated in the proposal letter may be cited as the basis for the action; however, any improvements in the employee’s performance during the notice period may be cause for reconsideration of the action. Actions taken under 5 USC Chapter 75 (752 actions) are subject to the provisions of Article XX, Discipline.

Unacceptable Performance. A. When a. At any time, during the supervisor observes rating cycle, that an employee’s performance is unacceptable in one or more critical elementsdeclines, the supervisor supervisors will inform engage with the employee in writing of to reemphasize the observed pattern of performance standards and provide guidance on improvement. If the employee an opportunity employee’s performance continues to improve by developing decline and becomes unacceptable, management will comply with 5 CFR, Chapter 432 in the execution, and implementation of a written performance improvement plan Performance Improvement Plan (PIP). Notification PIPs shall adhere to the policy as stated inthe ▇▇▇▇ 1400.25, Section 3.0 and HR Guidance (HR17-14). b. The improvement plan will identify the critical element(s) for which performance is unacceptable and inform the employee of the performance requirement(s) or standard(s) that must allow time for improvement prior be attained in order to being given a final summary ratingdemonstrate acceptable performance. The purpose PIP will state that unless performance in a critical element(s) improves and is sustained at an acceptable level for a minimum period of one year from the date the employee was placed on the PIP,the employee may be reduced in grade, reassigned or removed from Federal service. c. The improvement plan will afford the employee a reasonable opportunity of 45-90 days, depending on the position, to resolve the identified performance-related issues. Duringthis period, any performance-related personnel action, e.g. Within Grade Increase (WIGl)/Career Ladder Promotion, will be delayed until such time as the employee meets the fully-successful level of performance or at the conclusion of the PIP is to assist period and a determination has been made that the employee in improving performance to is performing at the fully successful level. . d. The PIP improvement plan will give an ‘opportunity period’ of not less than sixty (60) days for the employee to improve performance. Depending on the nature of the work, a longer ‘opportunity period’ may be appropriate. The PIP will specify, as appropriate, the counseling, training, coaching and any other specific actions to be accomplished within the ‘opportunity period’. If an employee would be given an unsatisfactory rating at the end of the performance year and has not been placed on a PIP with respect tailored to the same critical element during the performance year, the rating period will be extended and the employee should be placed on a PIP. Upon completion of the PIP, a final rating will be given. The employee will be given the following information (in writing): 1. An explanation of those aspects of performance in which the employee’s performance falls below Level 2, 2. A detailed explanation of what must be done to bring his/her performance up to at least Level 2, 3. A statement that his/her performance may result in a reassignment, demotion or removal if the employee does not demonstrate performance at Level 2 or higher during the PIP period. B. During the PIP period, the supervisor or designee will conduct regular meetings with the employee to provide feedback regarding the employee’s progress under the current performance improvement plan. At the employee’s request, a Union Representative can participate in the meetings, provided that no delay to the meeting results. C. Within ten (10) work days after the end of the PIP period, the employee will be notified as to whether he or she successfully completed the PIP. D. If the supervisor determines to extend the period of the PIP, he/she will notify the employee in writing. E. The requirement for issuing a performance improvement plan does not apply to those employees serving a probationary or trial period, or to temporary or certain term employees. F. If, after being given the opportunity to improve, the employee continues to fail to meet performance standards for one or more critical elements (as indicated by achieving at least minimally acceptable performance), the Agency will consider reassignment, demotion or removal of the employee from his/her position, as appropriate. G. If the Agency considers it necessary to effect a demotion or removal for unacceptable performance under the procedures listed in the applicable law and regulation, the Agency will follow applicable procedures. The employee will be provided with a final written decision on or prior to the effective date of the action. The decision letter will contain the notification of appeal and grievance rights. H. The Agency will comply with law, rule, government-wide regulation, Agency policy, and this Agreement in taking actions against employees under this Article. 1. If the Agency proposes to effect a demotion or removal, any such action, if taken under the procedures of 5 U.S.C. Chapter 43 (432 actions), the proposal will be issued at least thirty (30) days in advance of the final decision notice and will include: a. The specific instances of unacceptable performance, b. The employee’s right to reply to the proposal orally and/or in writing within fifteen (15) calendar days to the deciding official and to be represented by the Union. c. The timelines set out in this section can be extended by mutual agreement of the Union and the Agency or needs of the employee and the Agency as applicableposition, and may include formal training,on-the-job training, and designation of mentor by the supervisor in the supervisor’s absence, and weekly counseling with the supervisor. 2. e. The final written decision by improvement plan will state the Agency will: a. Be concurred with supervisor or issued by an official who is in a higher position than the official who proposed the action, b. Be received by mentor will be available to guide, coach, and otherwise assist the employee at or before in reaching "Fully Successful" performance. Employees may recommend additional assistance which they believe will assist them in reaching the time the action will be effective, and c. Provide notification of appeal or grievance rights which includes Merit Systems Protection Board and negotiated grievance procedure rightsfully successful level. I. In 432 actionsf. The purpose of the performance improvement period is to help the employee improve, only instances which were stated in rather than for the proposal letter may be cited rater official to accumulate documentation as the basis for the action; however, any improvements in the employee’s performance during the notice period may be cause for reconsideration of the a future performance-related adverse action. Actions taken under If following·the performance improvement period,the ratingofficial isunabletomake an assessment that the employee is successfully performing his/her critical job duties and responsibilities, the ratingofficialwill informtheemployee, in writing, that it is extending the PIP for a determined length of time g. If the employee fails to satisfactorily complete the PIP, an employee whose reduction in grade or removal is proposed for unacceptable performance is entitled to all rights listed in Title 5 USC Chapter 75 (752 actions) are subject to the provisions of Article XX, Discipline.:

Unacceptable Performance. A. When the supervisor observes that an employee’s performance is unacceptable in one or more critical elements, the supervisor will inform the employee in writing of the observed pattern of performance and provide the employee an opportunity to improve by developing a written performance improvement plan (PIP). Notification should must allow time for improvement prior to being given a final summary rating. The purpose of the PIP is to assist the employee in improving performance to the minimally fully successful levellevel (Level 2). The PIP will give an ‘opportunity period’ of generally not longer less than thirty (30) sixty (60) days for the employee to improve performance. Depending on the nature of the work, a longer ‘opportunity period’ may be appropriate, solely at the supervisor’s discretion. The PIP will specify, as appropriate, the counseling, training, coaching and any other specific actions to be accomplished within the ‘opportunity period’. If an employee would be given an unsatisfactory rating at the end of the performance year and has not been placed on a PIP with respect to the same critical element during the performance year, the rating period will be extended and the employee should be placed on a PIP. Upon completion of the PIP, a final rating will be given. The employee will be given the following information (in writing): 1. An explanation of those aspects of performance in which the employee’s performance falls below Level 2▇▇▇▇▇ ▇, 2. A detailed explanation of what must be done to bring his/her performance up to at least Level 2, 3. A statement that his/her performance may result in a reassignment, demotion or removal if the employee does not demonstrate performance at Level 2 or higher during the PIP period. B. During the PIP period, the supervisor or designee will conduct regular meetings with the employee to provide feedback regarding the employee’s progress under the current performance improvement plan. At the employee’s request, a Union Representative can participate in the meetings, provided that no delay to the meeting results. C. Within ten (10) work days after the end of the PIP period, the employee will be notified as to whether he or she successfully completed the PIP. D. If the supervisor determines to extend the period of the PIP, he/she will notify the employee in writing. E. The requirement for issuing a performance improvement plan does not apply to those employees serving a probationary or trial period, or to temporary or certain term employees. F. If, after being given the opportunity to improve, the employee continues to fail to meet performance standards for one or more critical elements (as indicated by achieving at least minimally acceptable performance), the Agency will consider reassignment, demotion or removal of the employee from his/her position, as appropriate. G. If the Agency considers it necessary to effect a demotion or removal for unacceptable performance under the procedures listed in the applicable law and regulation, the Agency will follow applicable procedures. The employee will be provided with a final written decision on or prior to the effective date of the action. The decision letter will contain the notification of appeal and grievance rights, if applicable. H. The Agency will comply with law, rule, government-wide regulation, Agency policy, and this Agreement in taking actions against employees under this Article. 1. If the Agency proposes to effect a demotion or removal, any such action, if taken under the procedures of 5 U.S.C. Chapter 43 (432 actions), the proposal will be issued at least thirty (30) days in advance of the final decision notice and will include: a. The specific instances of unacceptable performance, b. The employee’s right to reply to the proposal orally and/or in writing within fifteen (15) calendar days to the deciding official and to be represented by the Union. c. The timelines set out in this section can be extended by mutual agreement of the Union and the Agency or of the employee and the Agency as applicable. 2. The final written decision by the Agency will: a. Be concurred with or issued by an official who is in a higher position than the official who proposed the action, b. Be received by the employee at or before the time the action will be effective, and c. Provide notification of appeal or grievance rights which includes Merit Systems Protection Board and negotiated grievance procedure rights, if applicable. I. In 432 actions, only instances which were stated in the proposal letter may be cited as the basis for the action; however, any improvements in the employee’s performance during the notice period may be cause for reconsideration of the action. Actions taken under 5 USC Chapter 75 (752 actions) are subject to the provisions of Article XX, Discipline.

Unacceptable Performance. A. When the supervisor observes that an employee’s performance is unacceptable in one or more critical elements, the supervisor will inform the employee in writing of the observed pattern of performance and provide the employee an opportunity to improve by developing a written performance improvement plan (PIP). Notification must allow time for improvement prior to being given a final summary rating. The purpose of the PIP is to assist the employee in improving performance to the fully successful level. The PIP will give an ‘opportunity period’ of not less than sixty (60) days for the employee to improve performance. Depending on the nature of the work, a longer ‘opportunity period’ may be appropriate. The PIP will specify, as appropriate, the counseling, training, coaching and any other specific actions to be accomplished within the ‘opportunity period’. If an employee would be given an unsatisfactory rating at the end of the performance year and has not been placed on a PIP with respect to the same critical element during the performance year, the rating period will be extended and the employee should be placed on a PIP. Upon completion of the PIP, a final rating will be given. The employee will be given the following information (in writing): 1. An explanation of those aspects of performance in which the employee’s performance falls below Level 2▇▇▇▇▇ ▇, 2. A detailed explanation of what must be done to bring his/her performance up to at least Level 2, 3. A statement that his/her performance may result in a reassignment, demotion or removal if the employee does not demonstrate performance at Level 2 or higher during the PIP period. B. During the PIP period, the supervisor or designee will conduct regular meetings with the employee to provide feedback regarding the employee’s progress under the current performance improvement plan. At the employee’s request, a Union Representative can participate in the meetings, provided that no delay to the meeting results. C. Within ten (10) work days after the end of the PIP period, the employee will be notified as to whether he or she successfully completed the PIP. D. If the supervisor determines to extend the period of the PIP, he/she will notify the employee in writing. E. The requirement for issuing a performance improvement plan does not apply to those employees serving a probationary or trial period, or to temporary or certain term employees. F. If, after being given the opportunity to improve, the employee continues to fail to meet performance standards for one or more critical elements (as indicated by achieving at least minimally acceptable performance), the Agency will consider reassignment, demotion or removal of the employee from his/her position, as appropriate. G. If the Agency considers it necessary to effect a demotion or removal for unacceptable performance under the procedures listed in the applicable law and regulation, the Agency will follow applicable procedures. The employee will be provided with a final written decision on or prior to the effective date of the action. The decision letter will contain the notification of appeal and grievance rights. H. The Agency will comply with law, rule, government-wide regulation, Agency policy, and this Agreement in taking actions against employees under this Article. 1. If the Agency proposes to effect a demotion or removal, any such action, if taken under the procedures of 5 U.S.C. Chapter 43 (432 actions), the proposal will be issued at least thirty (30) days in advance of the final decision notice and will include: a. The specific instances of unacceptable performance, b. The employee’s right to reply to the proposal orally and/or in writing within fifteen (15) calendar days to the deciding official and to be represented by the Union. c. The timelines set out in this section can be extended by mutual agreement of the Union and the Agency or of the employee and the Agency as applicable. 2. The final written decision by the Agency will: a. Be concurred with or issued by an official who is in a higher position than the official who proposed the action, b. Be received by the employee at or before the time the action will be effective, and c. Provide notification of appeal or grievance rights which includes Merit Systems Protection Board and negotiated grievance procedure rights. I. In 432 actions, only instances which were stated in the proposal letter may be cited as the basis for the action; however, any improvements in the employee’s performance during the notice period may be cause for reconsideration of the action. Actions taken under 5 USC Chapter 75 (752 actions) are subject to the provisions of Article XX, Discipline.

Unacceptable Performance. A. When the supervisor observes that an employee’s performance is unacceptable in one or more critical elements, the supervisor will inform the employee in writing of the observed pattern of performance and provide the employee an opportunity to improve by developing a written performance improvement plan (PIP). Notification should must allow time for improvement prior to being given a final summary rating. The purpose of the PIP is to assist the employee in improving performance to the minimally fully successful levellevel (Level 2). The PIP will give an ‘opportunity period’ of generally not longer less than thirty (30) sixty (60) days for the employee to improve performance. Depending on the nature of the work, a longer ‘opportunity period’ may be appropriate, solely at the supervisor’s discretion. The PIP will specify, as appropriate, the counseling, training, coaching and any other specific actions to be accomplished within the ‘opportunity period’. If an employee would be given an unsatisfactory rating at the end of the performance year and has not been placed on a PIP with respect to the same critical element during the performance year, the rating period will be extended and the employee should be placed on a PIP. Upon completion of the PIP, a final rating will be given. The employee will be given the following information (in writing): 1. An explanation of those aspects of performance in which the employee’s performance falls below Level 2, 2. A detailed explanation of what must be done to bring his/her performance up to at least Level 2, 3. A statement that his/her performance may result in a reassignment, demotion or removal if the employee does not demonstrate performance at Level 2 or higher during the PIP period. B. During the PIP period, the supervisor or designee will conduct regular meetings with the employee to provide feedback regarding the employee’s progress under the current performance improvement plan. At the employee’s request, a Union Representative can participate in the meetings, provided that no delay to the meeting results. C. Within ten (10) work days after the end of the PIP period, the employee will be notified as to whether he or she successfully completed the PIP. D. If the supervisor determines to extend the period of the PIP, he/she will notify the employee in writing. E. The requirement for issuing a performance improvement plan does not apply to those employees serving a probationary or trial period, or to temporary or certain term employees. F. If, after being given the opportunity to improve, the employee continues to fail to meet performance standards for one or more critical elements (as indicated by achieving at least minimally acceptable performance), the Agency will consider reassignment, demotion or removal of the employee from his/her position, as appropriate. G. If the Agency considers it necessary to effect a demotion or removal for unacceptable performance under the procedures listed in the applicable law and regulation, the Agency will follow applicable procedures. The employee will be provided with a final written decision on or prior to the effective date of the action. The decision letter will contain the notification of appeal and grievance rights, if applicable. H. The Agency will comply with law, rule, government-wide regulation, Agency policy, and this Agreement in taking actions against employees under this Article. 1. If the Agency proposes to effect a demotion or removal, any such action, if taken under the procedures of 5 U.S.C. Chapter 43 (432 actions), the proposal will be issued at least thirty (30) days in advance of the final decision notice and will include: a. The specific instances of unacceptable performance, b. The employee’s right to reply to the proposal orally and/or in writing within fifteen (15) calendar days to the deciding official and to be represented by the Union. c. The timelines set out in this section can be extended by mutual agreement of the Union and the Agency or of the employee and the Agency as applicable. 2. The final written decision by the Agency will: a. Be concurred with or issued by an official who is in a higher position than the official who proposed the action, b. Be received by the employee at or before the time the action will be effective, and c. Provide notification of appeal or grievance rights which includes Merit Systems Protection Board and negotiated grievance procedure rights, if applicable. I. In 432 actions, only instances which were stated in the proposal letter may be cited as the basis for the action; however, any improvements in the employee’s performance during the notice period may be cause for reconsideration of the action. Actions taken under 5 USC Chapter 75 (752 actions) are subject to the provisions of Article XX, Discipline.

Unacceptable Performance. A. When a. At any time, during the supervisor observes rating cycle, that an employee’s performance is unacceptable in one or more critical elementsdeclines, the supervisor supervisors will inform engage with the employee in writing of to reemphasize the observed pattern of performance standards and provide guidance on improvement. If the employee an opportunity employee’s performance continues to improve by developing decline and becomes unacceptable, management will comply with 5 CFR, Chapter 432 in the execution, and implementation of a written performance improvement plan Performance Improvement Plan (PIP). Notification PIPs shall adhere to the policy as stated in the ▇▇▇▇ 1400.25, Section 3.0 and HR Guidance (HR17-14). b. The improvement plan will identify the critical element(s) for which performance is unacceptable and inform the employee of the performance requirement(s) or standard(s) that must allow time for improvement prior be attained in order to being given a final summary ratingdemonstrate acceptable performance. The purpose PIP will state that unless performance in a critical element(s) improves and is sustained at an acceptable level for a minimum period of one year from the date the employee was placed on the PIP, the employee may be reduced in grade, reassigned or removed from Federal service. c. The improvement plan will afford the employee a reasonable opportunity of 45-90 days, depending on the position, to resolve the identified performance-related issues. During this period, any performance-related personnel action, e.g. Within Grade Increase (WIGl)/Career Ladder Promotion, will be delayed until such time as the employee meets the fully-successful level of performance or at the conclusion of the PIP is to assist period and a determination has been made that the employee in improving performance to is performing at the fully successful level. . d. The PIP improvement plan will give an ‘opportunity period’ of not less than sixty (60) days for the employee to improve performance. Depending on the nature of the work, a longer ‘opportunity period’ may be appropriate. The PIP will specify, as appropriate, the counseling, training, coaching and any other specific actions to be accomplished within the ‘opportunity period’. If an employee would be given an unsatisfactory rating at the end of the performance year and has not been placed on a PIP with respect tailored to the same critical element during the performance year, the rating period will be extended and the employee should be placed on a PIP. Upon completion of the PIP, a final rating will be given. The employee will be given the following information (in writing): 1. An explanation of those aspects of performance in which the employee’s performance falls below Level 2, 2. A detailed explanation of what must be done to bring his/her performance up to at least Level 2, 3. A statement that his/her performance may result in a reassignment, demotion or removal if the employee does not demonstrate performance at Level 2 or higher during the PIP period. B. During the PIP period, the supervisor or designee will conduct regular meetings with the employee to provide feedback regarding the employee’s progress under the current performance improvement plan. At the employee’s request, a Union Representative can participate in the meetings, provided that no delay to the meeting results. C. Within ten (10) work days after the end of the PIP period, the employee will be notified as to whether he or she successfully completed the PIP. D. If the supervisor determines to extend the period of the PIP, he/she will notify the employee in writing. E. The requirement for issuing a performance improvement plan does not apply to those employees serving a probationary or trial period, or to temporary or certain term employees. F. If, after being given the opportunity to improve, the employee continues to fail to meet performance standards for one or more critical elements (as indicated by achieving at least minimally acceptable performance), the Agency will consider reassignment, demotion or removal of the employee from his/her position, as appropriate. G. If the Agency considers it necessary to effect a demotion or removal for unacceptable performance under the procedures listed in the applicable law and regulation, the Agency will follow applicable procedures. The employee will be provided with a final written decision on or prior to the effective date of the action. The decision letter will contain the notification of appeal and grievance rights. H. The Agency will comply with law, rule, government-wide regulation, Agency policy, and this Agreement in taking actions against employees under this Article. 1. If the Agency proposes to effect a demotion or removal, any such action, if taken under the procedures of 5 U.S.C. Chapter 43 (432 actions), the proposal will be issued at least thirty (30) days in advance of the final decision notice and will include: a. The specific instances of unacceptable performance, b. The employee’s right to reply to the proposal orally and/or in writing within fifteen (15) calendar days to the deciding official and to be represented by the Union. c. The timelines set out in this section can be extended by mutual agreement of the Union and the Agency or needs of the employee and the Agency as applicableposition, and may include formal training, on-the-job training, and designation of mentor by the supervisor in the supervisor’s absence, and weekly counseling with the supervisor. 2. e. The final written decision by improvement plan will state the Agency will: a. Be concurred with supervisor or issued by an official who is in a higher position than the official who proposed the action, b. Be received by mentor will be available to guide, coach, and otherwise assist the employee at or before in reaching "Fully Successful" performance. Employees may recommend additional assistance which they believe will assist them in reaching the time the action will be effective, and c. Provide notification of appeal or grievance rights which includes Merit Systems Protection Board and negotiated grievance procedure rightsfully successful level. I. In 432 actionsf. The purpose of the performance improvement period is to help the employee improve, only instances which were stated in rather than for the proposal letter may be cited rater official to accumulate documentation as the basis for a future performance-related adverse action. If following the action; howeverperformance improvement period, any improvements in the rating official is unable to make an assessment that the employee is successfully performing his/her critical job duties and responsibilities, the ratingofficial will inform the employee’s , in writing, that it is extending the PIP for a determined length of time g. If the employee fails to satisfactorily complete the PIP, an employee whose reduction in grade or removal is proposed for unacceptable performance during the notice period may be cause for reconsideration of the action. Actions taken under 5 USC Chapter 75 (752 actions) are subject is entitled to the provisions of Article XX, Discipline.all rights listed in Title 5: