The OPM guidance on addressing performance and conduct in the workplace says that “effective use of the probationary period is an ideal way to avoid long-term problems,” noting that employees have no right to advance notice of the intent to terminate and have limited appeal rights apart from alleging discrimination or a prohibited personnel practice.
OPM also said it agrees with a recommendation of a GAO report that supervisors should be automatically notified when an employee’s period is nearing its end—since many are unaware of the dates for their subordinates—and that they should make an affirmative decision before the deadline if they wish to remove the employee.
Afterward, the process is more complex from a management viewpoint, OPM said, stressing that regarding performance, “communication is the key to addressing issues early and taking appropriate action when necessary. Allowing a job performance issue to fester simply compounds the issue and makes it more difficult to address.”
It recommends encouraging employee participation in the performance planning process; discussing performance expectations; continually monitoring performance; and communicating with employees when deficiencies are first noted, among other steps.
If it becomes necessary, it says, the supervisor should work with the HR office to determine whether to put the employee on a performance improvement plan. Such plans specify where employees are falling short, what they need to do to reach an acceptable level of performance, help that is to be provided to them to reach it, and the consequences of failure to improve.
Potential disciplinary actions include reassignments or proposed demotion or removal, which triggers appeal rights and, in unionized workplaces, potential obligations under negotiated contracts, OPM said. The guidance outlines the multiple required steps to take such an action, record-keeping requirement and other considerations, such as special rights applying to employees eligible for a workplace accommodation due to disability.
