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5 U.S.C. § 4303 — Actions based on unacceptable performance
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance.
**(b)**
(1) An employee whose reduction in grade or removal is proposed under this section is entitled to—
(A) 30 days’ advance written notice of the proposed action which identifies—
(i) specific instances of unacceptable performance by the employee on which the proposed action is based; and
(ii) the critical elements of the employee’s position involved in each instance of unacceptable performance;
(B) be represented by an attorney or other representative;
(C) a reasonable time to answer orally and in writing; and
(D) a written decision which—
(i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and
(ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action.
(2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management.
**(c)** The decision to retain, reduce in grade, or remove an employee—
(1) shall be made within 30 days after the date of expiration of the notice period, and
(2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee—
(A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this sec
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Source file: Laws/federal/codes/united-states-code/title-5/section-4303-actions-based-on-unacceptable-performance--c0ee161ae6.md
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Source location: Title 5, Chapter 43, § 4303; chapter-043-performance-appraisal.md
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**(a)** Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance.
**(b)**
(1) An employee whose reduction in grade or removal is proposed under this section is entitled to—
(A) 30 days’ advance written notice of the proposed action which identifies—
(i) specific instances of unacceptable performance by the employee on which the proposed action is based; and
(ii) the critical elements of the employee’s position involved in each instance of unacceptable performance;
(B) be represented by an attorney or other representative;
(C) a reasonable time to answer orally and in writing; and
(D) a written decision which—
(i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and
(ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action.
(2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management.
**(c)** The decision to retain, reduce in grade, or remove an employee—
(1) shall be made within 30 days after the date of expiration of the notice period, and
(2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee—
(A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this section in connection with the decision; and
(B) for which the notice and other requirements of this section are complied with.
**(d)** If, because of performance improvement by the employee during the notice period, the employee is not reduced in grade or removed, and the employee’s performance continues to be acceptable for 1 year from the date of the advance written notice provided under subsection (b)(1)(A) of this section, any entry or other notation of the unacceptable performance for which the action was proposed under this section shall be removed from any agency record relating to the employee.
**(e)** Any employee who is—
(1) a preference eligible;
(2) in the competitive service; or
(3) in the excepted service and covered by subchapter II of chapter 75,
and who has been reduced in grade or removed under this section is entitled to appeal the action to the Merit Systems Protection Board under section 7701.
**(f)** This section does not apply to—
(1) the reduction to the grade previously held of a supervisor or manager who has not completed the probationary period under [section 3321(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3321/a/2&num=0&edition=prelim),
(2) the reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment or who has not completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less,
(3) the reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions, or
(4) any removal or demotion under [section 714 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section714&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed by the Board.
**(b)**
(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
(2)
(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—
(i) the deciding official determines that the granting of such relief is not appropriate; or
(ii)
(I) the relief granted in the decision prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension.
(2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may—
(A) remove the covered individual from the civil service (as defined in [section 2101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101&num=0&edition=prelim));
(B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or
(C) suspend the covered individual.
**(b) Pay of Certain Demoted Individuals.—**
(1) Notwithstanding any other provision of law, any covered individual subject to a demotion under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade.
(2)
(A) A covered individual so demoted may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave.
(B) If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5).
**(c) Procedure.—**
(1)
(A) The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 714
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and
(2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7501
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this subchapter—
(1) “employee” means—
(A) an individual in the competitive service—
(i) who is not serving a probationary or trial period under an initial appointment; or
(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Regulatory Commission; and
(C) an individual in the excepted service (other than a preference eligible)—
(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;
(2) “suspension” has the same meaning as set forth in [section 7501(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7501/2&num=0&edition=prelim);
(3) “grade” means a level of classification under a position classification system;
(4) “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
(5) “furlough” means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
**(b)** This subchapter does not apply to an employee—
(1) whose appointment is made by and with the advice and consent of the Senate;
(2) whose position has been determined to be of a confidential, policy-determining, policy-ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7511
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director shall appoint and fix the compensation of necessary employees of the Administrative Office in accordance with the Administrative Office of the United States Courts Personnel Act of 1990.
**(b)** Notwithstanding any other law, the Director may appoint certified interpreters in accordance with [section 604(a)(16)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604/a/16/B&num=0&edition=prelim) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates, but the compensation of any person appointed under this subsection shall not exceed the appropriate equivalent of the highest rate of pay payable for the highest grade established in the General Schedule, [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim).
**(c)** The Director may obtain personal services as authorized by [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim), at rates not to exceed the appropriate equivalent of the highest rate of pay payable for the highest grade established in the General Schedule, [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim).
**(d)** All functions of other officers and employees of the Administrative Office and all functions of organizational units of the Administrative Office are vested in the Director. The Director may delegate any of the Director’s functions, powers, duties, and authority (except the authority to promulgate rules and regulations) to such officers and employees of the judicial branc
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 602
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Comptroller General shall maintain a personnel management system. The Comptroller General may prescribe a regulation about the system only after notice and opportunity for public comment. A reprisal or threat of reprisal may not be made against an officer or employee of the Government Accountability Office because of comments on a proposed regulation about the system.
**(b)** The personnel management system shall—
(1) include the principles of [section 2301(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2301/b&num=0&edition=prelim);
(2) prohibit personnel practices prohibited under [section 2302(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b&num=0&edition=prelim);
(3) prohibit political activities prohibited under subchapter III of chapter 73 of title 5;
(4) ensure that officers and employees of the Office are appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service;
(5) give a preference to an individual eligible for a preference in the executive branch of the United States Government in a way and to an extent consistent with a preference given an individual in the executive branch; and
(6) provide that the Comptroller General shall fix the basic pay of officers and employees of the Office not fixed by law, consistent with [section 5301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5301&num=0&edition=prelim), except as provided under subsection (c)(3) of this section and [section 733(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-s
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 732
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter applies to—
(1) a removal;
(2) a suspension for more than 14 days;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but does not apply to—
(A) a suspension or removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim),
(B) a reduction-in-force action under [section 3502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim),
(C) the reduction in grade of a supervisor or manager who has not completed the probationary period under [section 3321(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3321/a/2&num=0&edition=prelim) if such reduction is to the grade held immediately before becoming such a supervisor or manager,
(D) a reduction in grade or removal under [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4303&num=0&edition=prelim),
(E) an action initiated under section 1215 or 7521 of this title, or
(F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the President under this title for the administration of the competitive service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7512
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Federal law — U.S. Code and appendices · legal_authorities
Page 484
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 4303
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Nov. 1, 1993, see section 3(c) of Pub.
L. 103–89, set out as an Effective Date of 1993 Amend-
ment note under section 3372 of this title.
§ 4303. Actions based on unacceptable perform-
ance
(a) Subject to the provisions of this section, an
agency may reduce in grade or remove an em-
ployee for unacceptable performance.
(b)(1) An employee whose reduction in grade or
removal is proposed under this section is enti-
tled to—
(A) 30 days’ advance written notice of the
proposed action which identifies—
(i) specific instances of unacceptable per-
formance by the employee on which the pro-
posed action is based; and
(ii) the critical elements of the employee’s
position involved in each instance of unac-
ceptable performance;
(B) be represented by an attorney or other
representative;
(C) a reasonable time to answer orally and in
writing; and
(D) a written decision which—
(i) in the case of a reduction in grade or re-
moval under this section, specifies the in-
stances of unacceptable performance by the
employee on which the reduction in grade or
removal is based, and
(ii) unless proposed by the head of the
agency, has been concurred in by an em-
ployee who is in a higher position than the
employee who proposed the action.
(2) An agency may, under regulations pre-
scribed by the head of such agency, extend the
notice period under subsection (b)(1)(A) of this
section for not more than 30 days. An agency
may extend the notice period for more than 30
days only in accordance with regulations issued
by the Office of Personnel Management.
(c) The decision to retain, reduce in grade, or
remove an employee—
(1) shall b
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 4303
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.