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Administrative Manual - 208 Employee Performance and Conduct

208.02 Corrective Actions

    1. Corrective action shall be taken by a supervisor when an employee fails to meet JSA's standards of performance or conduct.
    2. Except in serious cases necessitating immediate separation from JSA employment, the guiding principle of JSA's corrective action policy is to attempt to correct an employee's deficiencies through progressive actions so that the employee can meet JSA's standards.
    3. Corrective actions include oral counseling, written warning, suspension, dismissal or other actions deemed appropriate under the circumstances.
    4. No corrective action involving loss of pay shall be taken without the prior approval of the HR&S Manager
    5. An employee who is involuntarily separated shall be given at least a two week (10 working days) notice of separation, except in the case of job abandonment, serious misconduct, or where continued employment is considered detrimental to the maintenance of normal good order and proper working conditions. In all involuntary separation actions, JSA reserves the right to give two weeks (10 working days) pay in lieu of notice. No benefits are paid or accrue during the pay in lieu of notice period.
    1. Dismissal - Any involuntary separation from JSA/JLab employment, except a layoff or end of term employment.
    2. Formal Corrective Actions - Written warnings, suspensions, or dismissals. Such actions are grievable in accordance with the Employee Issues and Grievance policy section of this manual.
    3. Informal Corrective Actions - Oral Counseling. Such actions are excluded from the formal grievance process.
    4. Suspension - A management-imposed unpaid leave of absence for disciplinary purposes.
    5. Oral Counseling - A discussion initiated by a supervisor to correct performance deficiencies and/or misconduct. A written summary of the discussion may be kept in the supervisor's file with the employee's knowledge.
    6. Written Warning - A formal, written statement given to an employee regarding his/her performance deficiencies or misconduct. The warning stresses what must improve and what will happen next if improvements do not occur.
    1. After a copy has been provided to the employee concerned, any original documentation of formal corrective action shall be sent immediately to Human Resources.
    2. 2. Records of corrective action shall generally be destroyed after two consecutive years, if during that time there has been no further required corrective action for performance deficiencies of a similar nature.
      1. Oral Counseling

        When a supervisor deems that an informal oral counseling is warranted, he/she shall:

        1. Advise the employee, in private, of the specific performance or conduct deficiencies.
        2. Inform the employee of what actions must be taken to improve the performance or conduct.
        3. Allow the employee the opportunity to ask questions and offer explanations.
        4. If appropriate, explain the next action to be recommended if the employee's performance does not improve within a specified period.
        5. e. Maintain an informal record in the supervisor's file of the discussion with the employee's knowledge of the record.
      2. Written Warning

        Should the employee's performance fail to reach acceptable standards within the time allotted by the supervisor, the supervisor should warn the employee in writing. As soon as the written warning is prepared, a copy is presented to the employee. The original document is then sent to Human Resources for inclusion in the employee's official personnel records. Written warnings shall contain:

        1. A true and complete documentation of performance or conduct deficiencies in sufficient detail for the employee to understand the problem;
        2. A summary of previous informal oral counseling, including required improvements that the employee failed to make as prescribed and the time that had been allotted to make the improvements;
        3. A list of requirements for performance improvement and the time allotted to meet these requirements;
        4. A warning that failure to make the necessary improvements in the time allotted will result in additional action and what the recommended action will be;
        5. A statement that the employee has the right to respond either orally or in writing;
        6. A statement that the employee, if eligible, has the right to grieve the action in accordance with the employee grievance process outlined in this manual; and
        7. The employee's signature under a statement reading "I have read, understood, and received a copy of this document".
      3. Written Notice

        If corrective action other than an oral counseling or written warning is necessary, written notice of such action normally shall be given to the employee prior to the effective date. Such notice shall:

        1. State the intended corrective action, its reason, and effective date;
        2. Include a copy of any charges made or other materials upon which the corrective action is based;
        3. State that the employee has the right to respond either orally or in writing before the effective date of the action;
        4. State the employee's right to grieve the action; and
        5. If the employee was on investigative leave, state whether such leave was with or without pay.
      4. Disciplinary Suspension

        Should an employee commit an act of misconduct that appears to warrant a disciplinary suspension without pay, the supervisor shall:

        1. Investigate promptly the apparent employee offense, obtain all pertinent facts in the case (time, place, events, and circumstances) including but not limited to making contact with all persons involved or having knowledge of the incident.
        2. Discuss the findings and recommendations with the Employee Relations Manager and/or HR&S Director and obtain the HR&S Director's approval of the suspension.
        3. Initiate the suspension.

        NOTE: No salary or employee benefits shall be paid or accrued to any employee suspended from work.

      5. Investigative Leave
        1. An employee may be placed on investigative leave up to ten (10) working days without pay and without prior written warning during a review or investigation of actions, including but not limited to:
          1. Dishonesty, theft, misuse of government funds or property,
          2. Fighting on the job,
          3. Insubordination,
          4. Acts threatening or endangering others, or
          5. Other serious misconduct, such as carrying weapons or illegal drugs.
        2. A decision to place an employee on investigative leave may be made only by the appropriate supervisor and the HR&S Director, or in his/her absence the Employee Relations Manager.
          1. The leave must be confirmed in writing to the employee, normally not later than two (2) working days after the leave is effective.
          2. The notice must include the reasons for and the expected duration of the leave.
        3. At any investigative interview conducted for the purpose of determining the facts involved in any suspected violation of JSA policies, the following procedures shall apply:
          1. Prior to the interview the employee who is suspected of violating Laboratory policies must be told what the interview is about.
          2. During the interview the employee must be told the specific charges against him/her and if eligible, his/her right to grieve both the suspension and the outcome of the investigation.
          3. The employee may have a co-worker present at the interview, provided he/she so requests and further provided the employee's interview covers issues affecting other employees.
        4. If the investigation discloses serious misconduct or violation of policy or law, the employee shall not be paid for the period of leave and may be separated from JSA employment.
        5. If the investigation discloses no misconduct or violation of policy or law, the employee shall be paid for the period of leave.
        6. If the investigation discloses only minor misconduct or violation of policy, the employee shall be paid for the period of leave and then disciplined appropriately.
        7. If eligible, an employee who believes that he/she has been suspended without good cause may use the formal grievance process.
      6. Dismissal of Nonprobationary Employees
        1. Nonprobationary employees may be dismissed because of failure to maintain JLab standards of performance or conduct. Normally, dismissal is preceded by corrective action unless unsatisfactory performance or misconduct is so serious as to warrant immediate dismissal.
        2. Written Notice of Dismissal

          A written notice of dismissal shall be given to an employee by the appropriate Associate Director after obtaining the concurrence of the HR&S Director. This notice shall:

          1. State the reason for the dismissal;
          2. Include a copy of any charges made or other materials upon which the dismissal is based;
          3. State the effective date of dismissal; and
          4. State that the employee has the right to grieve the dismissal in accordance with the section of this manual entitled Employee Issues and Grievances.

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