Written Warnings

The Office of Personal Management (OPM) issued revised regulations regarding performance action procedures that went into effect November 16, 2020. 

 

5 C.F.R Section 432.104, Addressing unacceptable performance, includes the following new provision:

No additional performance assistance period or similar informal period shall be provided prior to or in addition to the opportunity period provided in this section.

The phrase "opportunity period" identified by the regulation refers to written warnings or performance improvement periods. Oral warnings and safety zones are no longer permitted under the regulation, and no new oral warnings or safety zones will be issued. 

The processes for written warnings and maintenance periods have been amended in view of the change in OPM regulations.

 

Process for Written Warnings:

  • To determine whether an examiner will be placed on a written warning, there will be three distinct performance evaluation periods within a fiscal year:
    1. the cumulative performance of quarter 1 and quarter 2;
    2. the cumulative performance of quarter 2 and quarter 3; and
    3. the cumulative performance of quarter 3 and quarter 4.
  • A written warning will be issued when performance in one or more critical elements is Unacceptable for any of these periods. For example, if your cumulative production for one of the above time periods is below 88%, a written warning will be issued. 
  • The written warning or performance improvement period (PIP) will run for 7 bi-weeks with no automatic extensions. 

An examiner must demonstrate at least Marginal performance for the written warning or performance improvement period (PIP). 

 

Process for Maintenance Periods:

  • Examiners who successfully complete the 7 bi-weeks written warning or PIP will be evaluated at the conclusion of three distinct periods:
    1. the 8th-14th bi-weeks after the start of the written warning or PIP;
    2. the 15th-20th bi-weeks after the start of the written warning or PIP; and
    3. the 21st-26th bi-weeks after the start of the written warning or PIP.

An examiner must demonstrate at least Marginal performance for each of these periods.

  • Abences during the three maintenance periods will be treated as follows:
    • If an examiner works fewer than 240 duty hours (prorated for examiners on a part-time schedule) during the first maintenance period, performance for the first period will be considered cumulatively with the second maintenance period and no assessment will be made solely on the first maintenance period. 
    • If an examiner works fewer than 240 duty hours (prorated for examiners on a part-time schedule) during the second maintenance period, performance for the second period will be considered cumulatively with the third maintenance period and no assessment will be made solely on the second maintenance period.
    • If an examiner works fewer than 240 duty hours (prorated for examiners on a part-time schedule) during the third maintenance period, performance during the final/third maintenance period will be considered cumulatively with the second maintenance period and no assessment will be made solely on the third maintenance period. 

 

If you have further questions, please contact your supervisor.