§7461 Adverse Actions: Section 7401(1) Employees

Summary

If the Under Secretary for Health or someone they pick brings charges and the employee is punished, the employee has the right to appeal. If the issue is about professional conduct or skill and the punishment is a major action, the appeal goes to a Disciplinary Appeals Board. If it is about professional conduct or skill but the punishment is not a major action, the appeal goes through the Department’s grievance process. Whether something counts as a professional conduct or competence issue cannot itself be grieved or reviewed by another agency. Section 7401(1) employees — full-time, permanent VA staff in the listed job categories (excluding senior executives and interns/residents). Major adverse action — one of five things: suspension, reassignment, drop in grade, cut in base pay, or firing. Question of professional conduct or competence — matters about direct patient care or clinical skill. The Secretary must publish any proposed rules in the Federal Register for public comment at least 30 days before they take effect.