U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

The table below compares the regulations to further clarify the differences between each authority.

As you can see, there are distinct differences between these regulations. For example, Part 432 requires that you give the employee an opportunity to bring his or her performance up to an acceptable level, while Part 752 does not require such an opportunity period. With this difference in mind, you may question the reasoning behind providing an opportunity period if it is not required. Keep in mind that third parties (for example, arbitrators, judges) place a strong emphasis on a supervisor`s effort to communicate what is expected to the employee as well as the supervisor`s effort to assist the employee in improving his or her performance. An opportunity period addresses both of these concerns. While an opportunity period may not be required under Part 752, providing such an opportunity may assist the agency in developing a stronger case before a third party.

Another difference between the regulations is that Part 432 requires the use of established performance elements and standards. Under Part 752, employees can be held to ad hoc standards such as explicit instructions or work assignments or professional standards established for certain occupations such as physicians. In some cases, it may be more appropriate to hold employees to these ad hoc standards, as long as they are no more stringent than the established performance standards. As always, consult with your human resources staff to determine if the use of ad hoc standards or if a formal opportunity period is appropriate in your specific case. Also, talk with your human resources staff concerning any internal agency policies regarding the use of a formal opportunity period.