An employee may
be disciplined for
misconduct that
adversely affects
the efficiency of
the Federal Service.
Conduct problems
typically stem from
employees who fail
to comply with the
written and unwritten
rules of the workplace
such as coming to
work on time, obeying
orders, protecting
government property,
and in general supporting,
not interfering,
with the efficiency
of the Federal Government.
Examples of employee
misconduct for which
discipline might
be appropriate include
such offenses as
absence from work
without approved
leave, misuse of
government equipment,
failure to obey
a direct order,
and negligence.
Employees may also
exhibit problems
with their performance
that may stem from
the lack of knowledge,
skill, or ability
(KSA's) to successfully
perform the duties
of their position.
These types of problems
are typically handled
through a unique
set of procedures
as outlined in 5
Code of Federal
Regulations Part
432 and will be
addressed separately.
These procedures
involve providing
the employee an
opportunity to improve
his or her performance,
typically through
the use of a Performance
Improvement Plan
(PIP).
Disciplinary action
is the most appropriate
avenue in which
to address misconduct
directly related
to the performance
of assigned duties.
If an employee has
demonstrated that
he/she has the KSAs
necessary to perform
the full range of
duties of the job,
and the employee
commits an act of
negligence, disregard,
or carelessness,
counseling or discipline
(not a PIP) is warranted.
Disciplinary action
can be taken for
the offenses such
as: negligent or
careless work performance;
failure or delay
in carrying out
assignments; and,
concealing or attempting
to conceal defective
work. PIPs are best
reserved for those
employees who attempt
to adequately perform
the job but fall
short of acceptable
performance due
to a lack or deficiency
in their KSAs.
Keep in mind that
the goal of discipline
is to correct misconduct
and modify unacceptable
behavior, rather
than to punish the
employee. Discipline,
if imposed, should
be progressive,
beginning with the
minimum discipline
necessary to correct
the offense. In
addition, penalties
should be reasonably
consistent with
those imposed on
other employees
for similar offenses.
The USDA
Table of Penalties
2. PREVENTION
Hopefully, certain
actions by supervisors
can serve to prevent
employee misconduct
from ever occurring.
Managers may help
to prevent the necessity
for disciplinary
action by recognizing
the fundamental
worth and dignity
of the individual
employee and by
communicating their
belief that all
employees want to
strive for and can
reach their highest
potential. Some
examples of ways
in which supervisors
may be able to prevent
employee problems
include:
Setting
an example by
their own conduct,
maintaining high
professional and
ethical standards.
Providing
a high-quality
work environment
that is conducive
to innovation
and increased
productivity.
This includes
providing challenging
assignments, as
well as adequate
equipment, facilities,
and workspace.
Creativity should
be encouraged
and authority
and responsibility
should be delegated
to the maximum
extent practicable.
Establishing
and communicating
clear guidelines
concerning their
expectations for
the operation
of their office.
For example, clearly
stating how employees
are to request
and receive approval
for leave.
Establishing
objective, understandable,
obtainable, and
measurable performance
standards and
communicating
them clearly to
employees.
Monitoring
performance and
giving frequent
feedback.
Holding
employees accountable
for results and
recognizing and
rewarding good
performance.
Providing
opportunities
for individual
growth and development,
including formal
and on-the-job
training, mentors,
and role models
for employees.
If an employee
is exhibiting conduct
problems, there
are many steps that
a supervisor may
take, short of official
disciplinary action,
to help that employee
to improve. For
example:
1. Discuss any
misconduct or performance
problems directly
with the employee.
Use specific examples.
Give the employee
an opportunity to
provide an explanation,
and carefully listen
to and consider
what the employee
has to say.
2. Clearly explain
expectations to
the employee and
review any rules,
regulations or policies
in the area where
the employee is
exhibiting problems.
Provide the employee
an opportunity to
ask any questions
and offer assistance
in complying with
your expectations.
3. If applicable,
develop a plan with
the employee directed
at helping to improve
his/her misconduct.
If possible, set
time limits for
improvement and
be very clear about
the consequences.
4. Give the employee
periodic and specific
feedback. Compare
any problems with
the expectations
you have articulated
and/or against any
applicable regulations,
policies, or rules.
This feedback should
occur as soon as
possible after any
incident of misconduct.
Be firm and clear
about what improvement
you expect to occur.
Tell the employee
that you may have
to take further
steps if behavior
does not improve.
5. In the event
the employee raises
or alleges to any
personal issues
that may be affecting
his or her conduct
or performance,
provide the employee
written information
concerning the USDA
Employee Assistance
Program. If the
employee raises
a medical issue
and/or requests
accommodation for
a medical condition,
you may request,
in writing, that
the employee submit
medical information
to the LERLB for
review. The USDA
Medical Officer
can help determine
if the medical condition
alleged by the employee
is supported by
the documentation
submitted and, if
so, the nature/extent
of any functional
restrictions as
well as the type
of accommodation
that may be warranted.
6. Provide any accommodations
that are warranted
and reasonable to
allow the employee
to effectively function
in his or her position.
7. If misconduct
continues, the supervisor
may choose to orally
admonish the employee,
providing a strong
message that further
incidents of similar
misconduct may lead
to more formal action.
An oral admonishment
may be followed
by a written admonishment
should the employee
fail to improve.
If after all informal
attempts have failed,
the misconduct continues,
the supervisor,
following consultation
with the HR Office,
may decide to formally
discipline the employee.
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