3 FAM 4530
ADVERSE ACTION PROCEDURES FOR SUSPENSIONS OF OVER 14
DAYS, REMOVALS, ETC.
(CT:PER-691; 03-18-2013)
(Office of Origin: HR/ER/CSD)
3 FAM 4531 ACTIONS COVERED
(TL:PER-410; 08-02-2001)
(State Only)
(Applies to Civil Service Employees)
a. 3 FAM 4530
applies to adverse actions cited in 5 CFR 752.401(a).
b. This subchapter covers:
(1) Suspension for more than 14 calendar days;
(2) Removal;
(3) Furloughs of 30 calendar days or less; and
(4) Reduction in grade or pay.
3 FAM 4532 ACTIONS NOT COVERED
(TL:PER-410; 08-02-2001)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4530 does
not apply to adverse actions cited in 5 CFR 752.401(b).
3 FAM 4533 EMPLOYEES COVERED
(TL:PER-410; 08-02-2001)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4530
applies to employees cited in 5 CFR 752.401, paragraph c.
3 FAM 4534 EMPLOYEES NOT COVERED
(TL:PER-410; 08-02-2001)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4530 does
not apply to employees cited in 5 CFR 752.401(d).
3 FAM 4535 PROCEDURES
(CT:PER-691; 03-18-2013)
(State Only)
(Applies to Civil Service Employees)
a. An employee against whom an adverse action is
proposed under 3
FAM 4530 is entitled to the procedures set forth in 5 U.S.C. 7513 and 5 CFR
752.404.
b. Subject to 3 FAM 4356, an
employee must be given at least 30
calendar days advance written notice stating the specific reasons for the
proposed action.
c. The Department will allow an employee a reasonable
time, normally 10 days, but not less than 7 days, to answer charges in a notice
of proposed suspension under 3 FAM 4530.
d. An employees attorney or other representative must
be designated in writing to the deciding official.
e. The deciding official must
give the employee a reasonable opportunity to make any presentations
which are relevant to the final decision on the case. However, this does not
include the right to discovery or a formal hearing with examination of
witnesses.
f. The deciding official must consider only the reasons specified in the
notice of proposed action and must consider
any answers of the employee and/or his or her representative.
g. The deciding official must
notify the employee, in writing, at the earliest practicable date:
(1) Which reasons in the proposed notice have been
found sustained and which have not been sustained; and
(2) Advise the employee of applicable appeal or
grievance rights. The notice of decision must be
delivered to the employee at or before the time the action will be effective.
3 FAM 4536 EXCEPTIONS TO THE NOTICE
PERIOD AND OPPORTUNITY TO PREPARE ANSWER
(CT:PER-691; 03-18-2013)
(State Only)
(Applies to Civil Service Employees)
a. The 30 calendar day advance written notice period for
adverse actions under 3 FAM 4531 may
be shortened when the Department has reasonable cause to believe the employee
has committed a crime for which a sentence of imprisonment may be imposed.
Under such circumstances, the Department may require the employee to furnish
any answer to the proposed action, and affidavits and other documentary
evidence in support of the answer, within such time as would be reasonable, but
not less than 7 days.
b. No advance notice or opportunity to answer is
required for furlough without pay when the furlough is due to unforeseen
circumstances, such as equipment failure, acts of God, or sudden emergencies
requiring immediate curtailment of activities.
3 FAM 4537 DUTY STATUS DURING NOTICE
PERIOD
(CT:PER-691; 03-18-2013)
(State Only)
(Applies to Civil Service Employees)
Normally, an employee against whom an adverse action under
section 3 FAM 4536
is proposed, including indefinite suspension, must
be retained in an active duty status during the notice period. When
circumstances are such that the employees continued presence in the workplace
during the notice period may pose a threat to the employee or others, result in
loss of or damage to U.S. Government property, or otherwise jeopardize
legitimate U.S. Government interests, the Department may elect one or a
combination of the following alternatives:
(1) Assign the employee to duties where he or she is
no longer a threat to safety, U.S. Government property or U.S. Government
interests;
(2) Allow the employee to take leave, or place him or
her in an appropriate leave status (annual, sick, leave without pay, or absence
without leave) if the employee has absented himself or herself from the work
site without requesting leave; or
(3) Place the employee in a paid, non-duty status for such
time as is necessary to effect the action, as
provided by 3 FAM 3464.1-2, 3 FAH-1 H-3461.2-2, and 3 FAH-1 H-3461.6.
3 FAM 4538 AND 4539 UNASSIGNED