§7461 Adverse actions: section 7401(1) employees

Summary

If the Under Secretary for Health (or someone they pick) files charges against a VA employee covered by section 7401(1) and the employee is punished, the employee has the right to appeal. If the case is about professional behavior or medical skill and the punishment is a major one, the appeal goes to the Disciplinary Appeals Board under section 7462. If it is about professional behavior or skill but the punishment is not major, the appeal goes through the Department grievance rules under section 7463. Section 7401(1) employees are full‑time, permanent VA workers in the jobs listed in that section, except senior executives (see section 713(d)) and interns or residents (see section 7406). A major adverse action includes suspension, transfer, lower grade, lower basic pay, or firing. Questions about professional conduct or competence mean issues with direct patient care or clinical skill. Whether a matter is one of professional conduct or competence cannot be handled as a separate grievance or reviewed by another agency. The Secretary must publish any proposed rules in the Federal Register for public comment at least 30 days before they take effect.