A separate template on disciplinary policies stresses that agencies “are not required to use performance improvement plans” before taking action based on charges of poor performance. Image: Jonah Elkowitz/Shutterstock.com
By: FEDweek Staff
For competitive service federal employees who are to be moved into the excepted service under Schedule Policy/Career, the main impact will be the loss of many civil service appeal rights, but the difference will go well beyond that, according to OPM guidance.
Federal agencies have initially recommended some 50,000 positions involved with making or carrying out policy for conversion—more could be added in the future—with President Trump’s approval expected at any time. Newly finalized rules are to take effect March 8.
Attachments to memos from OPM on implementation include a template for agencies to present to employees to sign acknowledging that they will be in the excepted service as of a given date.
In it, employees are to acknowledge that “my service in this position will be at-will,” and that “my position does not confer appeal rights to the Merit System Protections Board concerning performance, discipline, or any other matter arising under chapters 23, 43, and 75 of title 5, United States Code”—the sections of law dealing with appeal rights.
A question and answer document states that signing is not mandatory but that refusal to sign won’t change the impact. In case of refusal, “Agencies should document that it placed the employee on notice of the employee’s movement in Schedule Policy/Career including the date the employee refused to sign any acknowledgement and store the information with human resources. An employee’s refusal to acknowledge movement into Schedule Policy/Career is not necessary to effectuate the move. Agencies should not take administrative action against an employee for refusing to do so.”
A separate template on disciplinary policies meanwhile stresses that agencies “are not required to use performance improvement plans” before taking action based on charges of poor performance. Nor are they required to use tables of penalties or progressive discipline before taking actions based on charges of poor performance or misconduct.
Further, the “Douglas Factors”—a set of standards the MSPB uses to judge whether a penalty on misconduct grounds is reasonable given the circumstances—will no longer apply.
One lesser-publicized aspect of the conversion is that employees in Schedule P/C generally will not be eligible for a new recruitment, relocation, or retention incentive or a student loan repayment agreement. A slide deck for agencies to use when briefing affected employees says an agency can “usually continue honoring” those already in effect; also, those converted “may still be eligible for other pay flexibilities and awards, consistent with agency policy.”
It further states that:
“If your position is placed there, you move with your job and do not have to reapply.”
“If your job meets certain senior-level criteria, you might be asked to complete a public financial disclosure form.”
“Schedule Policy/Career status alone does not automatically remove a position from a bargaining unit; union status depends on duties and labor relations rules.”
“Agencies must still protect employees from retaliation and other prohibited personnel practices through internal agency procedures.”
“Schedule P/C does not automatically change telework; you follow agency policy.”
“Agencies can still send you to external training, with some limits on academic degree programs.”
“RIF rules still apply, and you may still qualify for severance pay under normal rules.”
“You will still receive performance expectations and ratings under your agency’s appraisal system.”
“Ratings still happen at the end of each appraisal cycle and go in your official personnel file.”
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