§4303 Actions based on unacceptable performance

Summary

An agency can lower an employee’s grade or remove them for poor performance. Before doing that, the agency must give the employee 30 days’ written notice that names specific examples of poor work and the important job duties involved. The employee can have a lawyer or other helper, get time to answer in person and in writing, and must receive a written decision that explains the reasons. If someone below the agency head proposed the action, a higher-level official must agree. The agency may extend the 30‑day notice up to another 30 days under its rules, or longer only under Office of Personnel Management rules. The final choice must be made within 30 days after the notice period ends. The action can only be based on poor performance that happened in the 1‑year before the notice and that was included in the notice. If the employee improves during the notice and stays good for 1 year from the notice date, the record of the poor performance must be removed. The rule covers preference eligibles, competitive service employees, and certain excepted service employees, but it does not apply to several types of probationary or short-term workers listed by law.