Frequently Asked Questions

A: Under the DoDDS/FEA negotiated grievance procedure, the Principal must issue a written decision within seven (7) calendar days from the date the written grievance was received by the principal.

Under the DoDDS/OFT negotiated grievance procedure, the Principal or designated representative will issue a written decision to the employee within ten (10) calendar days..

A: It is the responsibility of the employee or the employee's representative to request that the grievance be elevated to the next level/step..

A: Normally employees are not entitled to union representation during a meeting regarding performance. However, OFT bargaining unit members have a right to union representation during performance meetings under the DoDDS/OFT collective bargaining agreement.

A: The Authority has ruled that under the Statute, the employer need not advise the employee during an investigation of his right to a representative. An annual notice of that right is sufficient. 5 USC 7114(a)(3). Sears v. Dept. of Navy, 680 F.2d 863 (1st Cir. 1982). However, an Agency may be required to advise the employee of his/her right to representation if required under a negotiated agreement.

A: The supervisor has the choice of either concluding the interview and advising the employee that a decision will be made regarding disciplinary action with the facts gathered to that point, or the supervisor may postpone the investigation until the employee obtains representation. The supervisor should proceed with the interview once the union representative arrives.

A: The representative is only present to assist the employee, and clarify the questions and facts or suggest other employees who may have knowledge of them. The union representative cannot answer questions on the employee's behalf.

A: An employee must be in the position for at least 120 days before a rating can be assigned.

A: The rating should be postponed until the employee is on the job for 120 days. The rating should not be postponed for more than 120 days unless special circumstances exist.

A: Misconduct is normally an employee's failure to follow a workplace rule. Poor performance is the employee's failure to do the job at an acceptable level.

A: The supervisor should inform the employee as soon as he/she is aware that the performance is unacceptable.

A: Educators at the Professional Level who are not meeting all the critical performance elements may be placed on the Intervention Plan. Keep in mind that the Intervention Plan is voluntary. Educators who fail to demonstrate improvement in the Intervention Program will be placed in a formal Performance Improvement Plan (PIP) in accordance with the negotiated agreements and regulation. If the employee chooses not to be placed in an Intervention Program, the Administrator can proceed with a PIP.

A: There is no set time limit. A time limit should be established at the time both the educator and the administrator agree to participate in the Intervention Program. The time limit should be determined on a case-by-case basis to best suit the needs of the parties.

A: If the employee's performance does not improve during the improvement period, the supervisor has the options including reassignment or demotion, if applicable, or removal.

A: No. The laws and regulations exclude probationary/trial period employees from the procedures that require the use of opportunity to improve.

A: Ten (10) days of advance leave can be approved at the District level. Advance Leave requests in excess of 10 days must be approved at the Director-DoDDS-E level.

A: No. The principal has the authority to grant LWOP for up to 3 days. Requests for LWOP in excess of 3 days up to 30 days are approved by the District Superintendent. Leave. Requests for LWOP in excess of 30 days are approved at the Director, DoDDS-E level.

A: No. Leave for educators is governed by Title 20 U.S.C. while leave for GS employees is governed by Title 5 U.S.C.. Since the leave systems differ, a TP employee cannot donate leave to a GS employee.

A: No. There is no law, rule or regulation that requires the Agency to grant Administrative Leave for employee's to attend religious services. The employee should request annual or Any Purpose Leave. Employees may also request LWOP.

A: No. If the employee is otherwise eligible under the Act, having met one or more of the four conditions of the FMLA, the employee may substitute paid leave (annual leave, sick leave, educator leave, or compensatory time). The type of leave request must be identified in advance.

A: Ordinarily, no. A supervisor can delay leave under the Act if the employee asks for leave with less than 30 days notice and the condition supporting the leave request was predictable. The supervisor can then delay the 12 weeks entitlement until the 30-day notice period is fulfilled.

When the employee is unable to produce medical documentation in time for the 30-day notice period due to a medical emergency, the supervisor can grant provisional leave pending production of the documentation. If the documentation is not forthcoming, the employee can be requested to submit a request for annual leave, educator leave, or sick leave. If the employee has promised something that he/she could not produce, then the employee may be subject to disciplinary action.