conduct and performance issues james reno ler specialist

CONDUCT ANDCONDUCT ANDPERFORMANCE ISSUESPERFORMANCE ISSUES

James RenoJames RenoLER SpecialistLER Specialist

PERFORMANCE

BASED ACTIO

NS

PERFORMANCE OR CONDUCT

PERFORMANCE PERFORMANCE OR CONDUCTOR CONDUCT

Evaluate the IssueEvaluate the Issue Conduct vs. PerformanceConduct vs. Performance Conduct LER for AssistanceConduct LER for Assistance Conduct: Counseling, Conduct: Counseling,

Warning or Discipline Warning or Discipline Performance: PAP, PIPPerformance: PAP, PIP

CONDUCT ACTIONSCONDUCT ACTIONS5 USC Chapter 755 USC Chapter 75

EMPLOYEE EMPLOYEE WILL NOTWILL NOT PERFORM THE PERFORM THE JOB THAT JOB THAT HE/SHE IS HE/SHE IS OFFICIALLY OFFICIALLY HIRED HIRED TO DO.TO DO.

CONDUCT CHARGESCONDUCT CHARGES

Travel/Credit Card ChargesTravel/Credit Card Charges Attendance Attendance Misuse of Government Misuse of Government

EquipmentEquipment Failure to Follow Failure to Follow

Instructions/InsubordinationInstructions/Insubordination Negligent Performance of DutiesNegligent Performance of Duties Offensive ConductOffensive Conduct

Disciplinary ProceduresDisciplinary Procedures

Pre-Disciplinary Letters of Pre-Disciplinary Letters of Caution/Concern/Lv RestrictionCaution/Concern/Lv Restriction

Letters of WarningLetters of Warning Official Letter of ReprimandOfficial Letter of Reprimand Suspensions <14 DaysSuspensions <14 Days Suspensions >14 DaysSuspensions >14 Days RemovalRemoval

Performance vs. ConductPerformance vs. Conduct

A Discipline CaseA Discipline Case

Alternative Discipline Agreement

Conduct /T&A

Discipline

AdministrativeActions

Performance Issue

PERFORMANCE ACTIONSPERFORMANCE ACTIONS5 USC 43035 USC 4303

EMPLOYEE EMPLOYEE

CAN NOTCAN NOT

PERFORM THE PERFORM THE

JOB THAT JOB THAT

HE/SHE IS HE/SHE IS

OFFICIALLY OFFICIALLY

HIRED HIRED

TO DO. TO DO.

WHY ADDRESS WHY ADDRESS PERFORMANCE ISSUESPERFORMANCE ISSUES

Employee performance is critical to Employee performance is critical to the Agency’s Mission.the Agency’s Mission.

Failing to Address Performance Failing to Address Performance sends the wrong message to other sends the wrong message to other employees. employees.

Poor Performance almost always Poor Performance almost always gets worse.gets worse.

Taking action usually leads to a Taking action usually leads to a more productive work environment.more productive work environment.

Why Managers don’t deal with Why Managers don’t deal with Poor Performing EmployeesPoor Performing Employees

Time and Effort Time and Effort Past Performance ToleratedPast Performance ToleratedConflict IssuesConflict IssuesLack of SupportLack of Support

PERFORMANCE ISSUESPERFORMANCE ISSUES

WhenWhen?? Address a Problem Early-Address a Problem Early-

Don’t Wait for a CrisisDon’t Wait for a Crisis On-Going FeedbackOn-Going Feedback Mid-Year EvaluationMid-Year Evaluation Annual AppraisalAnnual Appraisal

DOCUMENTINGDOCUMENTING POOR POOR PERFORMANCEPERFORMANCE

Record Specific Examples of Record Specific Examples of Poor Performance.Poor Performance.

Record Assignments and Record Assignments and Completion Results/Dates.Completion Results/Dates.

Analyze Performance Results Analyze Performance Results with Standardswith Standards

Document all Meetings, Document all Meetings, Discussions and Counseling Discussions and Counseling Sessions.Sessions.

First Steps in a Performance First Steps in a Performance Based ActionBased Action

Review the Position Review the Position DescriptionDescription

Analyze the PlanAnalyze the Plan Evaluate the CJE’sEvaluate the CJE’s Carefully review the Carefully review the

Performance Standards-Performance Standards-minimum of 90 daysminimum of 90 days

Issuing a PAPIssuing a PAP

Arrange a Meeting to Discuss Arrange a Meeting to Discuss the Issue.the Issue.

Rate the Employee’s Rate the Employee’s Performance in at least one CJE Performance in at least one CJE as Minimally Satisfactory.as Minimally Satisfactory.

Provide an Interim Rating of MS Provide an Interim Rating of MS to the Employee using the to the Employee using the PARS Performance Plan.PARS Performance Plan.

Coordinate PAP w/LERCoordinate PAP w/LER

Performance Assistance PlanPerformance Assistance Plan(PAP)(PAP)

““A Performance Assistance Plan A Performance Assistance Plan (PAP) must be provided to a (PAP) must be provided to a bargaining unit employee as bargaining unit employee as soon as his/her performance soon as his/her performance falls from Fully Successful to falls from Fully Successful to Minimally Successful.” (page 26, Minimally Successful.” (page 26, PARS Training Manual, also PARS Training Manual, also required by Article 34, AFGE required by Article 34, AFGE MCBA-pg 20.)MCBA-pg 20.)

Assistance EffortsAssistance Efforts

Formal Training/ClassesFormal Training/Classes OJTOJT CounselingCounseling Mentor/Peer AssistanceMentor/Peer Assistance Other AssistanceOther Assistance

Performance Assistance PlanPerformance Assistance Plan

Informal Opportunity to Informal Opportunity to Improve Performance to the Improve Performance to the FS level.FS level.

Must be at least 45 days longMust be at least 45 days long Must be a collaborative effort Must be a collaborative effort

with the employeewith the employee

(Supervisor’s option to include (Supervisor’s option to include the Union.)the Union.)

PAP RequirementsPAP Requirements

Requirements to Demonstrate Requirements to Demonstrate FS Performance.FS Performance.

Timelines/Milestones/ResultsTimelines/Milestones/Results Regularly Scheduled Progress Regularly Scheduled Progress

Meetings Meetings AFGE MCBA (No PAPS after AFGE MCBA (No PAPS after

December 15.)December 15.)

PERFORMANCE PERFORMANCE IMPROVEMENT PLANIMPROVEMENT PLAN

(PIP)(PIP) Required when an Employee’s Required when an Employee’s

Performance falls to the Performance falls to the Unsatisfactory Level.Unsatisfactory Level.

A Formal Opportunity Period to A Formal Opportunity Period to Improve Performance to the FS Improve Performance to the FS Level. (5 U.S.C. 4302(b)(6)Level. (5 U.S.C. 4302(b)(6)


Includes the CJE and standards Includes the CJE and standards for which the employee’s for which the employee’s performance is deficient.performance is deficient.

Documents performance Documents performance deficiencies: failure to meet the deficiencies: failure to meet the standards.standards.

Performance Improvement Performance Improvement PlanPlan

Schedule of periodic Schedule of periodic performance reviews with performance reviews with scheduled dates.scheduled dates.

List of Assignments with due List of Assignments with due dates or completion datesdates or completion dates..

Performance Improvement Performance Improvement PlanPlan

The PIP must provide The PIP must provide the employee notice that the employee notice that failure to improve to the failure to improve to the Fully Successful level Fully Successful level may result in a reduction may result in a reduction in grade, reassignment in grade, reassignment or removal.or removal.

PERFORMANCE PERFORMANCE IMPROVEMENT PERIODIMPROVEMENT PERIOD

A PIP Must have an established A PIP Must have an established start and end date of at least 60 start and end date of at least 60 days and must be presented days and must be presented within 15 working days after the within 15 working days after the employee is informed of the employee is informed of the Unsatisfactory ratingUnsatisfactory rating


If the employee’s performance If the employee’s performance remains remains UnsatisfactoryUnsatisfactory, the , the supervisor will consider the supervisor will consider the following performance based following performance based actions: actions:


Reassign the employee to a Reassign the employee to a different position at the same different position at the same grade.grade.

Propose a demotion to a lower Propose a demotion to a lower grade. grade.

Propose removal from Federal Propose removal from Federal Service.Service.

PERFORMANCE ACTIONSPERFORMANCE ACTIONS

Requirements:Requirements: A 30-day advance notice of a A 30-day advance notice of a

proposed adverse action.proposed adverse action. A representative.A representative. A 20-day notice period to A 20-day notice period to

answer orally and/or in writing to answer orally and/or in writing to the proposed adverse action.the proposed adverse action.

A reasonable amount of time to A reasonable amount of time to prepare an answerprepare an answer

PERFORMANCE ACTIONSPERFORMANCE ACTIONS

Appeal RightsAppeal Rights

Negotiated Grievance ProcedureNegotiated Grievance Procedure MSPB AppealMSPB Appeal EEO ComplaintEEO Complaint

(Only one process allowed.)(Only one process allowed.)

A Performance CaseA Performance Case

A Performance Based RemovalA Performance Based Removal

PerformanceBased

Removal (432)

VIWP/Conduct

Reasonable Accommodation

GrievanceNegotiations

Workplace Violence Discontinued

Service

PerformancePAP/PIP

PREVENTING POOR PREVENTING POOR PERFORMANCEPERFORMANCE

Communicate your Communicate your Expectations-PARS PlanExpectations-PARS Plan

Provide Regular FeedbackProvide Regular Feedback Recognize and Reward Recognize and Reward

PerformancePerformance Hold Employees Hold Employees

Accountable for ResultsAccountable for Results

KEYS TO A SUCCESSFUL KEYS TO A SUCCESSFUL PERFORMANCE MANAGEMENT PERFORMANCE MANAGEMENT

PROGRAMPROGRAM

COMMUNICATIONCOMMUNICATIONFEEDBACKFEEDBACK

ACCOUNTABILITYACCOUNTABILITYRESULTSRESULTS