Fedweek

The Senate bill would affect the appeal rights of employees below the executive ranks who are under the Title 5 body of general federal personnel rules (many VA medical professionals are under a separate set of rules called Title 38, which among other things allows only for appeals only through negotiated grievance procedures or to internal agency review bodies). For Title 5 employees, the bill would set the notice period for proposed disciplinary actions generally at 10 business days (rather than the standard 30 calendar days), with no more than 10 business days for the employee to answer the charges (rather than the standard but undefined “reasonable time”), and 10 days (rather than 30), to file an appeal at MSPB after an action is effective. The MSPB hearing officer and then the full board would have to issue a decision within 90 days–although there is no specified consequence if that deadline isn’t met–and the right to appeal into federal court would remain. During the MSPB appeal period the employee would not be eligible to receive any form of pay, award or other compensation. Employees further would be ineligible for awards while discipline against them is being considered; awards already paid would have to be repaid if discipline later is taken related to the pertinent time; reprimands and admonishments would become part of an employee’s permanent record unless removed on a later review; and employees generally could not be put on paid administrative leave for more than 14 days in a 365-day period. A House-passed bill (HR-1994) is more restrictive on many of those points, for example allowing only seven days to appeal and 45 days for a hearing officer decision–or else the agency wins by default–and no appeal beyond that decision.