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Yes. The individual critical element must describe performance that is reasonably measured and controlled at the individual employee's level. Such performance includes individual contributions to the team, but does not include team performance.
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An agency program must specify the length of its
minimum period and that minimum must fall within any limits established by the agency appraisal system. When an agency decides to use the minimum period as the length of the opportunity period, the minimum period is one of the program features that may be subject to third-party review. Agencies are advised to be careful in determining the time limits to be used and avoid setting minimum periods that might be judged unreasonably short.
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Yes, under current law, performance ratings must be a factor in the reduction in force process. Only under a demonstration project that waives pertinent law or regulation could an agency drop the use of performance in a reduction in force.
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Yes. There are some award restrictions regarding political appointees depending on the nature of their appointment. Non-career SES members are not eligible for performance awards or Presidential Rank Awards. In addition, non-career SES and employees in confidential or policy-determining Schedule C positions may not receive awards during a Presidential election period (June 1 of a Presidential election year through January 20 of the following year). Meanwhile, PAS appointees (employees appointed by the President with the advice and consent of the Senate) may not receive awards at any time.
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No. The only basis for granting additional service credit for reduction in force is a rating of record.
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No, there is no comparison across competitive areas to determine if a mix of patterns exists. Only if there is a mix of patterns within a single competitive area can an agency vary credit.
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Only cash and time-off awards must be reported to the Enterprise Human Resources Integration (EHRI). However, if an agency grants a cash stipend or honorarium with an honorary award, it should report that cash payment to the EHRI. For additional information on how to report cash awards to the
EHRI and refer to
Guide to Processing Personnel Actions.
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Additional years of service credit are added to an employee's length of service based on the employee's three most recent ratings of record during the four years prior to the reduction in force. In a competitive area where all the ratings of record being credited were done under a single pattern of summary levels, the additional service credit is computed by averaging the three most recent ratings of record given in the previous four years using the following values:
20 years of service for each Level 5 (Outstanding or equivalent rating);
16 years of service for each Level 4; and
12 years of service for each Level 3 (Fully Successful or equivalent rating).
In an agency where employees in a competitive area have ratings of record being credited for reduction in force that were done under more than one pattern of summary levels, the agency can establish the values for the summary levels (within 12 to 20 years) so that performance crediting will be as fair and equitable as possible. Within a competitive area, the agency must use the same number of years additional retention service credit for all ratings of record with the same summary level in the same pattern of summary levels.
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The law intends critical elements to be used to establish individual accountability. This restriction is clearest for non-supervisory employees who may be serving as team members. Consequently, critical elements generally are not appropriate for identifying and measuring team performance, which by its definition involves shared accountability.
A supervisor or manager can and should be held accountable for seeing that results measured at the group or team level are achieved. Critical elements assessing group performance may be appropriate to include in the performance plan of a supervisor, manager or team leader who can reasonably be expected to command the resources and authority necessary to achieve the results (i.e., be held individually accountable).
However, agencies can use other ways to factor team performance into ratings of record or other performance-related decisions, such as granting awards. One approach to bringing team performance into the process of deriving a rating of record, and certainly to the process of distributing recognition and rewards, is to establish team performance goals within the team members' performance plans as either non-critical or additional performance elements.
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The modal rating is the latest rating of record summary level given most often within a single pattern to the employees in a specified group that is no smaller than the competitive area and no larger than the agency undergoing a reduction in force. It is important that the employees undergoing a reduction in force understand the basis used to determine the modal rating.
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If an employee has fewer than three ratings of record during the last four years, the actual rating(s) of record available would serve as the sole basis of the employee's credit (no assumed ratings would be used). Consequently, if an employee has received only two actual ratings of record during this period, the value assigned to each rating would be added together and divided by two to determine the amount of additional retention service credit. If an employee has only one actual rating of record, the value assigned to that rating would be used. If, however, the employee has no ratings of record during the last four years, the modal rating for the appraisal program that covers the employee's position of record at the time of the reduction in force is used to grant performance credit.
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No. The regulations specifically restrict the delay of a within-grade determination to two conditions. Permitting the delay of a within-grade determination for employees completing a PIP would give an unfair advantage to an employee whose performance has been determined to be unacceptable (a condition upon which the PIP is based) over employees whose most recent rating of record is Level 2 (marginal, minimally successful, etc.) and who are not eligible for a within-grade increase. There is no requirement to give an employee a rating of record before beginning a PIP. If a within-grade increase determination is due during an employee's PIP, the agency needs to make sure it reviews the employee's most recent rating of record and determines whether a new rating of record is needed to support the within-grade decision. If the last rating of record does not support a within-grade denial, a new rating of record must be given for that purpose. If the agency chooses to use the last rating of record of Level 3 (Fully Successful or equivalent) or better and grant the within-grade, they need to realize they are certifying the employee as performing at that level and jeopardizing any future performance-based action that might have been based on performance during that time period.
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No. The level designators (Level 1, Level 2, Level 3, Level 4, Level 5) described in Governmentwide regulations address summary levels only. An agency appraisal program can be designed to appraise elements using a mix of rating levels. For example, critical elements might be appraised at five levels and non-critical elements appraised as pass/fail. A methodology for deriving a summary rating must be in place, however. Agencies have flexibility to determine how their elements are appraised and their particular program design choices that agencies and their subcomponents make should reflect their own situations and needs.
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No. Prizes cannot be granted under law and regulation governing awards. The awards law does not support including the element of chance (e.g., as it occurs with a raffle drawing) in an employee awards program.
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At a minimum, these four features must have a single definition for each program:
- employee coverage
- appraisal period length
- pattern of summary levels for ratings of record
- summary level derivation method
If multiple definitions are intended for any one of these features, separate programs must be established.
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No. Regulations do not require that the appraisal period be ended to change appraisal programs. However, agencies need to remember that the regulations permit only a single rating of record in a given appraisal period.
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No. Higher-level review of ratings of record above Level 1 is not a Governmentwide requirement. However, agencies may decide that higher-level review is a good practice and provides a measure of fairness.
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Honorary awards represent symbolic formal recognition. Items presented as honorary awards must meet all of the following criteria:
The item must be something that the recipient could reasonably be expected to value, but not something that conveys a sense of monetary value.
The item must have a lasting trophy value.
The item must clearly symbolize the employer-employee relationship in some fashion.
The item must take an appropriate form to be used in the public sector and to be purchased with public funds.
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Governmentwide regulations specify three types of performance elements:
- critical elements
- non-critical elements
- additional performance elements
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Yes, but only to the extent that the program covers awards for suggestions, inventions, or scientific achievements.
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