Human Resources
Employee Management Services
The following is a sample of the most frequently asked questions of the Employee
Relations Staff. If you have any questions concerning conduct, performance,
medical issues or other employee relations' topics, please e-mail your
questions to mbyrd@ars.usda.gov and
a prompt response will follow on our homepage.
1. What is the difference between a misconduct and performance problem?
Misconduct generally involves instances in which an employee's actions
do not conform with accepted employee demeanor and may be intentional on the
part of the employee. Examples of employee misconduct include:
Absence Without Leave (AWOL)
Insubordination
Failure to Follow Supervisory Instructions
Misuse of Official Time
Destruction of Government Property
Misuse of Government Property
Falsification of Government Documents
Performance actions should only be applied to situations where work is deficient
or unacceptable (as evaluated against established performance standards). Unacceptable
work products may stem from misunderstanding, lack of knowledge, or overall
inability to meet the requirements of the position. Performance actions are
also termed remedial actions which may take the form of counseling, training,
reassignment, demotion, or removal.
Ask a simple question to help you distinguish whether you have a performance
problem or a conduct issue: Can't the employee perform a task OR won't the
employee perform a task? If an employee cannot perform a task, you may
have a performance problem. If an employee won't perform a task, you may have
a conduct issue.
2. Is there a difference between Leave Without Pay (LWOP) and Absence
Without Leave (AWOL)?
While both types of leave are nonpay categories, there are significant
differences between the two. LWOP is approved leave and requires advanced supervisory
approval, except in emergency situations. Generally, even though the reason
for requesting LWOP is known to be legitimate, the request may be denied if
the employee's services are required or if the employee has not followed proscribed
leave procedures.
AWOL is an absence from duty which is not authorized nor approved, or for which
a leave request has been denied. Recording an absence as AWOL is not a disciplinary
action. However, AWOL can become the basis for initiating a disciplinary action.
3. What is reasonable accommodation? What is the Agency's
obligation to provide reasonable accommodation?
Title I of the Americans with Disabilities Act of 1990 (ADA), requires
an employer to provide reasonable accommodation to qualified individuals with
disabilities who are employees or applicants for employment, unless to do so
would cause undue hardship. In general, an accommodation is any change in the
work environment or in the way things are customarily done that enables an
individual with a disability to enjoy equal employment opportunities.
The duty to provide reasonable accommodation is a fundamental statutory requirement
because of the nature of discrimination faced by individuals with disabilities.
Although many individuals with disabilities can apply for and perform jobs
without any reasonable accommodations, there are workplace barriers that keep
others from performing jobs which they could do with some form of accommodation.
These barriers may be physical obstacles, or they may be procedures or rules.
Reasonable accommodation removes workplace barriers for individuals with disabilities.
There are several modifications or adjustments that are not considered forms
of reasonable accommodation. An employer does not have to eliminate an essential
function, a fundamental duty of the position. This is because a person with
a disability who is unable to perform the essential functions, with or without
accommodation, is not a qualified individual with a disability
within the meaning of ADA. Nor is an employer required to lower production
standards--whether qualitative or quantitative--that are applied uniformly
to employees with and without disabilities.
The only statutory limitation on an employer's obligation to provide reasonable
accommodation is that no such change or modification is required if it
would cause undue hardship on the employer. Undue hardship means
significant difficulty or expense and focuses on the resources and circumstances
of the particular employer in relationship to the cost or difficulty of providing
a specific accommodation. Undue hardship refers not only to financial difficulty,
but to reasonable accommodations that are unduly extensive, substantial, or
disruptive, or those that would fundamentally alter the nature or operation
of the business.
4. Why is an employee's probationary period so important?
The probationary period is considered an extension of the examination process.
The probationary period is used as fully as possible to determine the fitness
of the employee and shall terminate his/her services during this period if
he/she fails to demonstrate fully his/her qualifications for continued employment.
When an agency decides to terminate an employee serving a probationary or trial
period because their work performance or conduct during this period fails to
demonstrate their fitness or their qualifications for continued employment,
it must terminate their services by notifying them in writing as to why they
are being separated and the effective date of the action.
Terminated probationary employees have only limited appeal rights. They may
appeal to the Merit Systems Protection Board (MSPB) if they believe the action
is based on discrimination because of: (1) partisan political reasons (political
affiliation) or marital status; or (2) race, color, religion, sex, national
origin, disability, or age (at least 40 years of age at time of alleged discrimination)
if such discrimination is raised in addition to (1).
5. Can my supervisor require/order that I perform a task that is not
in my position description?
Yes, an employee must first comply with supervisory instructions. An employee
does not have the unfettered right to disregard an order because there is substantial
reason to believe the order is not proper; they must first comply with the
order and then register their complaint or grievance, except when obedience
would place the employee or others in a clearly dangerous situation.
Last Updated: 01/18/2006