Part 1, Chapter 11: Attachment, Table of Disciplinary and Adverse Actions

U.S. Department
of Transportation
Federal Highway
Administration

Personnel
Management
Manual
Date: February 20, 2004

Part 1: Personnel Systems & Procedures

Chapter 11: Disciplinary Actions, Adverse Actions, Grievances and Appeals

Attachment: Table of Disciplinary and Adverse Actions

Disciplinary Actions
Action	IF	Then	Final Action	Review Rights
Immediate supervisor initiates disciplinary action.	Oral Admonishment	Supervisor makes a written record to use as documentary support.		Employee may file a grievance requesting the action be reviewed through the Agency Administrative Grievance System (DOT DPM Letter 777-1).
	Written Admonishment	Retained by supervisor until problem/issue is resolved. Does not go in OPF.
	Written Reprimand	Placed in employee's OPF for a maximum of 2 years (DOT DPM Letter 771 –1).
Immediate supervisor or other proposes disciplinary action.	Suspension - less than 14 days.	Employee given 7 days to respond in person or by a representative. Employee may provide medical condition to be considered in the final determination 5 CFR 752.404 (c)(3).	Deciding Official (DO) makes final determination on disciplinary action. DO must be a higher level supervisor in employee's chain of command. DO considers reasons stated in proposal, response by the employee or representative, and any medical documentation.	Employee may file a grievance requesting the action to be reviewed through the Agency Administrative Grievance System (DOT DPM Letter 777-1).

Adverse Actions
Action	If	Then	Final Action	Appeal Rights
Proposed by first line supervisor or other.	Suspension for more than 14 days.	Employee given reasonable number of days to respond in person or through a representative to the proposed action. Employee may provide medical documentation if he/she wants a medical condition to be considered in the final determination 5 CFR 752.404 (c) (3).	Deciding Official (DO) determines the final decision on the proposed adverse action. DO must be a higher level supervisor in the employee's chain of command or other appropriate official. The DO considers the reasons outlined in the proposal, the response by the employee or representative, and any medical documentation provided. If final action is adverse to the employee, it is effective 30 days after the date of the proposals delivery*.	Employee may appeal the final decision to the Merit System Protection Board. Appeal rights are outlined in the employee's decision letter. 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 a Equal Employment Opportunity counselor about his/her concerns and about the discrimination complaint process, or he/she can contact the Office of Civil Rights.
	Removal.
	Reduction in grade or pay.

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