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

A. No. When a within-grade increase determination is not consistent with an employee's most recent rating of record (i.e., current performance is not accurately reflected by the rating of record prepared at the end of the most recently completed appraisal period), regulation requires the preparation of a more current rating of record. However, there is no provision for the agency to limit the application of the newer rating of record to the within-grade increase determination only.

A. No. Regulations at section 531.404(a) of title 5, Code of Federal Regulations, continue to require a rating of record of at least Level 3 (Fully Successful or equivalent) as the basis for the acceptable level of competence determination. There is no provision to consider anything other than the rating of record when making an acceptable level of competence determination.

A. An acceptable level of competence determination can be delayed for only two reasons:

• when an employee has not had the minimum period of time to demonstrate acceptable performance on his or her elements and standards; and
• when an employee is reduced in grade because of unacceptable performance to a position in which he or she is eligible for a within-grade increase or will become eligible within the minimum appraisal period.

A. No. The regulations specifically restrict the delay of a within-grade determination to the two conditions stated in the regulations (and reviewed in the previous question). Consideration was given to permitting the delay of a within-grade determination for employees completing a PIP, but the decision was made not to allow this since it would give an unfair advantage to an employee whose performance has been determined to be unacceptable (a condition upon which the PIP is based) over employees whose most recent rating of record is Level 2 (marginal, minimally successful, etc.) and who are not eligible for a within-grade increase. There is no requirement to give an employee a rating of record before beginning a PIP. If a within-grade increase determination is due during an employee's PIP, the agency needs to make sure it reviews the employee's most recent rating of record and determines whether a new rating of record is needed to support the within-grade decision. If the last rating of record does not support the within-grade determination (i.e., the rating was Level 3 (Fully Successful or equivalent) or better and performance later reached the unacceptable level triggering the PIP), a new rating of record must be given to support a denial of the within-grade increase. If the agency chooses to use the last rating of record of Level 3 (Fully Successful or equivalent) or better and grant the within-grade, they need to realize they are certifying the employee as performing at that level and jeopardizing any future performance-based action that might have been based on performance during that time period.