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Washington, DC 20590
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FHWA Order M3000.1C

Order
Subject
FHWA Personnel Management Manual; Part 1: Personnel Systems & Procedures, Chapter 11: Disciplinary Actions, Adverse Actions, Grievances and Appeals, Attachment: Table of Disciplinary and Adverse Actions
Classification Code Date
M3000.1C July 10, 2012  

Informal Discipline
Action IF Then Final Action Review Rights
Initiated by immediate Supervisor (or Team Leader with delegated authority) Verbal Warning Supervisor or Team Leader should follow-up via email to employee and/or make a written record as documentary support and provide copy to the employee.

Documentation is retained in supervisor’s file and does not go in the Official Personnel File (OPF).
Not applicable Not applicable
Written Warning

 

Formal Discipline/Adverse Actions
Action If Then Final Action Appeal Rights
Initiated by immediate Supervisor (or Team Leader with delegated authority). Written Reprimand* Placed in employee’s OPF for a maximum of 2 years. Not applicable Employee may file a grievance requesting the action be reviewed through the Agency Administrative Grievance System (DOT DPM Letter 777-1).
Proposed by immediate supervisor or other. Suspension of 14 days or less* Employee given at least 24 hours and up to 7 days to respond to proposed suspension. Employee may respond orally and/or in writing. Deciding Official (DO) makes final determination on disciplinary action. DO must be a higher level supervisor in the employee’s chain of command or other appropriate official other than the person who proposed the action.


DO considers the reasons stated in proposal and the response by the employee, if any. DO shall notify the employee of final decision, in writing, at or before the time the action will be effective.
Employee may file a grievance requesting the action to be reviewed through the Agency Administrative Grievance System (DOT DPM Letter 777-1).
Suspension of more than 14 days* Employee given reasonable amount of time, but not less than 7 days, to respond to proposed action. Employee may respond orally and/or in writing.

Employee may provide medical documentation if he/she wants the Agency to consider a medical condition which may have contributed to a conduct or performance problem.
Deciding Official (DO) makes final determination on disciplinary action. DO must be a higher level supervisor in the employee’s chain of command or other appropriate official than the person who proposed the action.

DO considers the reasons stated in proposal, the response by the employee, and any medical documentation.

DO shall notify the employee, in writing, of the final decision regarding the proposed action. If final action is adverse to the employee, it cannot be effective sooner than 30 days from the date the proposal notice was issued.**
Employee may appeal the final decision to the Merit Systems Protection Board (MSPB).

Appeal rights are outlined in the final decision notice.

OR

If the employee believes that an adverse or disciplinary action was based on a reason such as race, color, sex, religion, national origin, disability, or age; he/she should contact the Office of Civil Rights about his/her concerns and the discrimination complaint process.
Removal*
Reduction in grade or pay*

*Action must be coordinated with Servicing Employee Relations Specialist.

**The crime provision, 5 U.S.C. 7513 (b), allows for an effective date of less than 30 days in certain circumstances.

Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000