Performance versus Conduct
Issues of unacceptable Conduct are handled differently from performance problems.
| Unacceptable Conduct | Unacceptable Performance |
|---|---|
unwillingness to perform duties | inability to perform duties |
employees actions may be a result of negligence, or might result in injury or harm | employees actions may be a result of a lack of understanding of assigned duties or training |
Addressed Under 5 CFR Part 752 | Addressed Under 5 CFR Part 432 |
Performance problems handled under Part 432 primarily involve employees who have displayed an inability to perform duties rather than an unwillingness to perform them correctly or to comply with instructions.
In some instances what may appear to be a performance problem is better characterized as misconduct. For example, an employee’s failure to follow supervisory instructions, negligence, failure or refusal to complete assignments, etc., may be deliberate or result from carelessness, disregard, poor work habits, or inattention. Formal action in these instances will require compliance with 5 USC Chapter 75 and 5 CFR Part 752. Progressive discipline will hopefully communicate to the employee that his or her misconduct will not be tolerated.
Other instances that would best be handled under Part 752 involve performance that might result in death, injury, or other severe consequences. Part 752 permits a quicker response to such dangerous situations than the performance process under Part 432. Should a supervisor choose to proceed to address this type of problem under Part 432, the employee would have to be given a period of time to demonstrate improved performance which might result in a dangerous situation continuing for a significant period of time.
Applicability: Supervisors should check with the Employee Relations Team concerning the applicability of the provisions of Parts 432 and 752 to their particular employee. NIH employs individuals through many different appointing authorities, and not all employees are covered by these regulations. In those cases, other NIH-specific policies may apply.
