§4303 Actions Based on Unacceptable Performance

Summary

An agency can lower an employee’s grade or fire them for poor performance. Before doing that, the agency must give the employee at least 30 days written notice that explains specific examples of the poor work and which job duties were affected. The employee can have a lawyer or other representative, get time to answer in person and in writing, and receive a written decision that states the reasons for the action. An agency may extend the 30-day notice by up to 30 more days under its own rules; longer extensions need rules from the Office of Personnel Management. The agency must decide to keep, lower, or remove the employee within 30 days after the notice period ends. Demotion or removal can only be based on performance problems that happened in the 1-year before the notice date and that met the notice rules. If the employee improves during the notice period and stays acceptable for 1 year from the notice date, the record of the poor performance must be removed. The rules apply to preference eligibles, competitive service employees, and certain excepted service employees covered by subchapter II of chapter 75. They do not apply in several probation or short-service situations or under section 714 of title 38.