CONDUCT AND PERFORMANCE ISSUES James Reno LER Specialist

PERFORMANCE BASED ACTIONS PERFORMANCE OR CONDUCT

Evaluate the Issue Evaluate the Issue Conduct vs. Performance Conduct vs. Performance Conduct LER for Assistance Conduct LER for Assistance Conduct: Counseling, Warning or Discipline Conduct: Counseling, Warning or Discipline Performance: PAP, PIP Performance: PAP, PIP

CONDUCT ACTIONS 5 USC Chapter 75 EMPLOYEE WILL NOT PERFORM THE JOB THAT HE/SHE IS OFFICIALLYHIRED TO DO.

CONDUCT CHARGES Travel/Credit Card Charges Travel/Credit Card Charges Attendance Attendance Misuse of Government Equipment Misuse of Government Equipment Failure to Follow Instructions/Insubordination Failure to Follow Instructions/Insubordination Negligent Performance of Duties Negligent Performance of Duties Offensive Conduct Offensive Conduct

Disciplinary Procedures Pre-Disciplinary Letters of Caution/Concern/Lv Restriction Pre-Disciplinary Letters of Caution/Concern/Lv Restriction Letters of Warning Letters of Warning Official Letter of Reprimand Official Letter of Reprimand Suspensions <14 Days Suspensions <14 Days Suspensions >14 Days Suspensions >14 Days Removal Removal

Performance vs. Conduct Performance vs. Conduct A Discipline Case Alternative Discipline Agreement Conduct /T&A Discipline Administrative Actions Performance Issue

PERFORMANCE ACTIONS 5 USC 4303 EMPLOYEE CAN NOT PERFORM THE JOB THAT HE/SHE IS OFFICIALLYHIRED TO DO.

WHY ADDRESS PERFORMANCE ISSUES Employee performance is critical to the Agency’s Mission. Employee performance is critical to the Agency’s Mission. Failing to Address Performance sends the wrong message to other employees. Failing to Address Performance sends the wrong message to other employees. Poor Performance almost always gets worse. Poor Performance almost always gets worse. Taking action usually leads to a more productive work environment. Taking action usually leads to a more productive work environment.

Why Managers don’t deal with Poor Performing Employees Time and Effort Time and Effort Past Performance Tolerated Conflict Issues Lack of Support

PERFORMANCE ISSUES When? Address a Problem Early- Don’t Wait for a Crisis Address a Problem Early- Don’t Wait for a Crisis On-Going Feedback On-Going Feedback Mid-Year Evaluation Mid-Year Evaluation Annual Appraisal Annual Appraisal

DOCUMENTING POOR PERFORMANCE Record Specific Examples of Poor Performance. Record Specific Examples of Poor Performance. Record Assignments and Completion Results/Dates. Record Assignments and Completion Results/Dates. Analyze Performance Results with Standards Analyze Performance Results with Standards Document all Meetings, Discussions and Counseling Sessions. Document all Meetings, Discussions and Counseling Sessions.

First Steps in a Performance Based Action Review the Position Description Review the Position Description Analyze the Plan Analyze the Plan Evaluate the CJE’s Evaluate the CJE’s Carefully review the Performance Standards- minimum of 90 days Carefully review the Performance Standards- minimum of 90 days

Issuing a PAP Arrange a Meeting to Discuss the Issue. Arrange a Meeting to Discuss the Issue. Rate the Employee’s Performance in at least one CJE as Minimally Satisfactory. Rate the Employee’s Performance in at least one CJE as Minimally Satisfactory. Provide an Interim Rating of MS to the Employee using the PARS Performance Plan. Provide an Interim Rating of MS to the Employee using the PARS Performance Plan. Coordinate PAP w/LER Coordinate PAP w/LER

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

Assistance Efforts Formal Training/Classes Formal Training/Classes OJT OJT Counseling Counseling Mentor/Peer Assistance Mentor/Peer Assistance Other Assistance Other Assistance

Performance Assistance Plan Informal Opportunity to Improve Performance to the FS level. Informal Opportunity to Improve Performance to the FS level. Must be at least 45 days long Must be at least 45 days long Must be a collaborative effort with the employee Must be a collaborative effort with the employee (Supervisor’s option to include the Union.)

PAP Requirements Requirements to Demonstrate FS Performance. Requirements to Demonstrate FS Performance. Timelines/Milestones/Results Timelines/Milestones/Results Regularly Scheduled Progress Meetings Regularly Scheduled Progress Meetings AFGE MCBA (No PAPS after December 15.) AFGE MCBA (No PAPS after December 15.)

PERFORMANCE IMPROVEMENT PLAN (PIP) Required when an Employee’s Performance falls to the Unsatisfactory Level. Required when an Employee’s Performance falls to the Unsatisfactory Level. A Formal Opportunity Period to Improve Performance to the FS Level. (5 U.S.C. 4302(b)(6) A Formal Opportunity Period to Improve Performance to the FS Level. (5 U.S.C. 4302(b)(6)

PERFORMANCE IMPROVEMENT PLAN Includes the CJE and standards for which the employee’s performance is deficient. Includes the CJE and standards for which the employee’s performance is deficient. Documents performance deficiencies: failure to meet the standards. Documents performance deficiencies: failure to meet the standards.

Performance Improvement Plan Schedule of periodic performance reviews with scheduled dates. Schedule of periodic performance reviews with scheduled dates. List of Assignments with due dates or completion dates. List of Assignments with due dates or completion dates.

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

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

PERFORMANCE IMPROVEMENT PLAN If the employee’s performance remains Unsatisfactory, the supervisor will consider the following performance based actions:

PERFORMANCE IMPROVEMENT PLAN Reassign the employee to a different position at the same grade. Reassign the employee to a different position at the same grade. Propose a demotion to a lower grade. Propose a demotion to a lower grade. Propose removal from Federal Service. Propose removal from Federal Service.

PERFORMANCE ACTIONS Requirements: A 30-day advance notice of a proposed adverse action. A 30-day advance notice of a proposed adverse action. A representative. A representative. A 20-day notice period to answer orally and/or in writing to the proposed adverse action. A 20-day notice period to answer orally and/or in writing to the proposed adverse action. A reasonable amount of time to prepare an answer A reasonable amount of time to prepare an answer

PERFORMANCE ACTIONS Appeal Rights Negotiated Grievance Procedure Negotiated Grievance Procedure MSPB Appeal MSPB Appeal EEO Complaint EEO Complaint (Only one process allowed.)

A Performance Case A Performance Based Removal A Performance Based Removal Performance Based Removal (432) VIWP/Conduct Reasonable Accommodation Grievance Negotiations Workplace Violence Discontinued Service Performance PAP/PIP

PREVENTING POOR PERFORMANCE Communicate your Expectations-PARS Plan Communicate your Expectations-PARS Plan Provide Regular Feedback Provide Regular Feedback Recognize and Reward Performance Recognize and Reward Performance Hold Employees Accountable for Results Hold Employees Accountable for Results

KEYS TO A SUCCESSFUL PERFORMANCE MANAGEMENT PROGRAM COMMUNICATIONFEEDBACKACCOUNTABILITYRESULTS