§7461 Adverse Actions: Section 7401(1) Employees

Summary

Employees have the right to appeal if the Under Secretary for Health (or someone they name) files charges about their conduct or job performance and the employee then faces an adverse personnel action. If the case involves professional conduct or clinical skill and the punishment is a serious one, the appeal goes to a Disciplinary Appeals Board under section 7462. If it involves professional conduct or clinical skill but the punishment is not one of those serious types, the appeal uses the Department grievance process under section 7463. Section 7401(1) employees are full‑time, permanent VA staff in the jobs listed in section 7401(1), excluding senior executives (see section 713(d)) and interns or residents under section 7406. A serious punishment means suspension, transfer, reduction in grade, reduction in basic pay, or discharge. Questions about professional conduct or competence include direct patient care and clinical competence. Deciding whether a matter is about professional conduct or competence is not itself grievable and other agencies may not review that decision. The Secretary must publish proposed rules in the Federal Register for comment at least 30 days before they take effect.