Procedures for Performance-Based Demotions or Separations a. Following the completion of the PIP period in Section 4, if the decision is to propose demotion or separation, the employee will be provided 30 days advance written notice of the proposed action. The notice will include:
(1) The type of action proposed;
(2) The specific instances of unacceptable performance by the employee on which the proposed action is based;
(3) The critical element(s) of the employee's position involved in each instance of unacceptable performance;
(4) The employee's right to be represented by an attorney or other representative
(5) The employee's right to answer orally and/or in writing within 15 calendar days.
b. The 30-day advance notice period may be extended not to exceed 30 additional days for the following reasons:
(1) To obtain and/or evaluate medical information when the employee has raised a medical issue in the answer to the proposed reduction-in-grade or removal;
(2) To arrange for the employee's travel to make an oral reply to a DeCA official; or the travel of a DeCA official to hear the employee's oral reply;
(3) To consider the employee's answer if an extension to the period for an answer has been granted (for example, because of the employee's illness or incapacitation);
(4) To comply with a stay ordered by an official of the Merit Systems Protection Board
(5) To consider reasonable accommodations of a handicapping condition;
(6) For other reasons as approved by OPM. Decisions on extension requests will be provided as soon as possible.
c. A final written decision must be issued to the employee after expiration of the advance notice period. The decision notice must be given at or before the time the action becomes effective. A decision may not be effected until after the advance notice period has expired.
d. The contents of the final decision notice must:
(1) Specify the instances of unacceptable performance by the employee on which the reduction-in-grade or removal is based; be decided by the reviewing official or other official in the supervisory chain or in a higher position than the individual proposing the action
(2) Inform the employee of their rights to appeal that decision to the Merit Systems Protection Board (MSPB), time limits for filing such appeal, the address of the appropriate MSPB office for filing the appeal, a copy of the MSPB regulation, and a copy of the MSPB appeal form; and
(3) Inform the employee of the right to grieve the decision through the Negotiated Grievance Procedures Article.
Procedures for Performance-Based Demotions or Separations a. Following the completion of the PIP period in Section 4, if the decision is to propose demotion or separation, the employee will be provided 30 days advance written notice of the proposed action. The notice will include:
(1) the type of action proposed;
(2) the specific instances of unacceptable performance by the employee on which the proposed action is based;
(3) the critical element(s) of the employee's position involved in each instance of unacceptable performance;
