Federal Manager's Daily Report

OPM has told agencies to submit separate reports, one for fiscal 2019 and one for fiscal 2020, on disciplinary actions they took in those years as required by a 2018 executive order.

The memo follows recent issuance of final rules to carry out that order, telling agencies to make the maximum use of the probationary period when employees lack full appeal rights; to use full discretion in choosing a penalty for misconduct; and to allow only the minimum opportunity required by law for employees to improve before taking disciplinary actions on those grounds.

The order also aims to raise the level of scrutiny on disciplinary practices by requiring annual reporting on adverse personnel actions broken down by the type, actions taken against probationary employees, compliance with timeliness goals, information about settlements and the outcomes of appeals, and more.

The requirement includes competitive service and excepted service employees, as well as members of the Senior Executive Service and administrative law judges.

The report for fiscal 2019 is to be sent to OPM “as soon as practicable” but no later than February 21, which also is the deadline for the report on fiscal 2020. “When assembling and submitting data in accordance with this reporting requirement, agencies must follow all applicable laws, including those that control privacy and data security,” the memo adds.

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Federal Manager’s Handbook, 5th Ed.