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DEPARTMENT OF HUMAN RESOURCE MANAGEMENT
POLICY 1.60 STANDARDS OF CONDUCT
APPLICATION:
Full-time, Quasi Full-time, and Part-time non-probationary classified
employees. Note: Agencies may use this policy as a guide for evaluating the workplace
conduct of employees who are not covered by the Virginia Personnel Act, such as wage
employees, probationary employees and employees expressly excluded from the application of
policy. Official Written Notice forms may not be issued to these employees.
PURPOSE:
It is the policy of the Commonwealth to promote the well-being of its employees by maintaining
high standards of work performance and professional conduct with an overall emphasis on
diversity, equity and inclusion that promotes equitable treatment of all employees.
POLICY SUMMARY:
This policy sets forth the Commonwealth’s Standards of Conduct and the disciplinary process
that agencies must utilize to address unacceptable behavior, conduct, and related employment
problems in the workplace or outside the workplace when conduct impacts an employee’s ability
to do their job and/or influences the agency’s overall effectiveness.
AUTHORITY & INTERPRETATION:
Title 2.2 of the Code of Virginia
The Director of the Department of Human Resource Management is responsible for official
interpretation of this policy, in accordance with §2.2-1201 of the Code of Virginia. The
Department of Human Resource Management reserves the right to revise or eliminate this
policy.
RELATED POLICIES:
All DHRM issued policies
Related Agency policies
POLICY
HISTORY:
EFFECTIVE DATE
DESCRIPTION
04-16-08
Policy published.
06-01-11
Policy revised.
01-10-12
Policy corrected to note that campus police departments of any public institution of
higher education of the Commonwealth where such department, bureau or force
has ten or more law-enforcement officers also have access to the procedural
guidelines of Va. Code § 9.1-500 – 507 in cases of investigation of work-related
matters that could lead to the dismissal, demotion, suspension or transfer for
punitive reasons of a law-enforcement officer.
03-07-22
Policy reformatted and revised. Addition of Policy Guidance Documents.
PROCEDURES
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Shortcuts to Sections
General Principles
Employee Standards of Conduct
Corrective and Disciplinary Action
Due Process
Pre-disciplinary Leave With or Without Pay
Disciplinary Suspension
Removal Due to Circumstances which Prevent Employees from Performing their Jobs
Use of Grievance Procedure
Records Management
Glossary
General Principles
General Provisions
Application
Guidelines
● The intent of this policy and its procedures is to help
employees become fully contributing members of the
organization. This policy enables agencies to administer
corrective actions or discipline to improve performance or
conduct or terminate employees whose conduct and/or
performance does not improve.
● Agencies are encouraged to follow a course of progressive and
situationally appropriate discipline that objectively and
consistently addresses employee behavior, conduct, or
performance that is incompatible with the state’s Standards of
Conduct, agency expectations for employees, and/or related
agency policies.
o NOTE: Non-probationary law enforcement officers
employed by the Department of State Police, the
Virginia Marine Resources Commission, the
Department of Wildlife Resources, the Department of
Conservation and Recreation, the Department of Motor
Vehicles, the Department of Corrections and the
campus police department of any public institution of
higher education of the Commonwealth where such
department, bureau or force has ten or more law-
enforcement officers also have access to the
procedural guidelines of the Code of Virginia
§ 9.1-500
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– 507 and § 9.1-508 – 512 respectively in cases of
investigation of work-related matters that could lead to
the dismissal, demotion, suspension or transfer for
punitive reasons of a law enforcement officer.
● Corrective or disciplinary actions must be administered through
an objective process initiated as promptly as feasible.
● There may be circumstances when an employee’s conduct
requires immediate disciplinary action without employing
progressive discipline. If the misconduct and/or unacceptable
performance is of an especially serious nature, a first offense
may warrant significant discipline, including termination.
Agencies must provide notice of intent and give the employee
an opportunity to respond. Then the agency must document
the nature of the offense and the reason for taking disciplinary
measures via a Written Notice.
● Management should apply corrective or disciplinary actions
consistently and in an objective and equitable manner, while
taking into consideration the specific circumstances of each
individual case. Prior to taking such action, management must
consider the following:
o Whether the corrective or disciplinary action is
consistent with state and agency standards of conduct.
o The nature, severity, and consequences of the offense.
o Whether the offense constitutes a violation of a policy,
procedure, rule, or law.
o Previous counseling, whether verbal or written, that
addressed the same or similar misconduct or
performance.
o Previous disciplinary actions that addressed the same
or similar misconduct or performance.
o Whether the offense relates to the employee’s job
duties and the employee’s ability to perform
satisfactorily.
o How issues with similarly situated employees have
been addressed.
o Mitigating factors that would compel a reduction in the
disciplinary action to promote the interests of fairness,
equity and objectivity.
o Whether the corrective or disciplinary action is
appropriate for a specific offense.
● Before the need for, or in addition to corrective counseling
or disciplinary action, management may refer employees to
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the Employee Assistance Program (EAP) or other
professional assistance program as appropriate to
encourage employees to address their needs in support of
work performance or conduct improvement. Referrals to
the EAP or comparable program shall not be considered a
substitute for any disciplinary action imposed for the
commission of an offense.
NOTE: Mandated referrals to the EAP or comparable
program may be required depending upon the nature of the
behavior or misconduct. Agencies are advised to consult
with their agency’s Assistant Attorney General prior to
mandating participation in such programs.
Employee Standards of Conduct
General Provisions
Application
Expectations of Conduct
for Employees
Agencies have the authority to supplement the list below as
needed in a manner consistent with the needs of the organization
and intent of this policy. The following list is not all-inclusive but is
intended to illustrate the minimum expectations for acceptable
workplace conduct and performance.
● Report to work as scheduled and seek approval from the
supervisor in advance for any changes to the established work
schedule, including the use of leave and late or early arrivals
and departures.
● Perform assigned duties and responsibilities with the highest
degree of public trust.
● Devote full effort to job responsibilities during work hours.
● Maintain the qualifications, certification, licensure, and/or
training requirements identified for their positions.
● Demonstrate respect for the agency and toward agency
coworkers, supervisors, managers, subordinates, residential
clients, students, and customers.
● Use state equipment, time, and resources judiciously and as
authorized.
● Support efforts that ensure a safe and healthy work
environment.
● Utilize leave and related employee benefits in the manner for
which they are intended.
● Resolve work-related issues and disputes in a professional
manner and through established business processes.
● Meet or exceed established job performance expectations.
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● Make work-related decisions and/or take actions that are in the
best interest of the agency.
● Comply with the letter and spirit of all state and agency policies
and procedures, the Conflict of Interest Act, and
Commonwealth laws and regulations.
● Report circumstances or concerns that may affect satisfactory
work performance to management, including any inappropriate
activities (such as fraudulent, illegal, unethical or discriminatory
actions) of other employees.
● Obtain approval from supervisor prior to accepting, initiating, or
continuing outside employment.
● Obtain approval from supervisor prior to working overtime, if
non-exempt from the Fair Labor Standards Act (FLSA).
● Work cooperatively to achieve work unit and agency goals and
objectives.
● Conduct themselves at all times in a manner that supports the
mission of their agency and the performance of their duties.
Expectations for
Supervisors and
Managers
Supervisors and managers are expected to serve as role models
through their compliance with policies, agency protocols and best
practices in leading and communicating with their subordinate
employees. Expectations for supervisors, and managers include
but are not limited to:
● Demonstrate interpersonal communications, leadership
strategies and personal conduct that fosters a respectful
workplace culture and models the expectations established for
employees;
● Provide consistent and objective feedback, coaching and
instructional guidance to employees regarding their
performance, conduct or compliance with policies and
procedures prior to initiating corrective or formal actions;
● Document verbal counseling and retain corrective written
counseling in confidential supervisory files;
● Ensure the confidentiality of employee performance and
disciplinary actions and related documentation.
● Establish on-boarding and periodic communications with
subordinates to inform them of policies, protocols, and
expectations specific to job duties;
● Seek guidance from Human Resources prior to administering
disciplinary actions or removing employees from the
workplace. This includes the responsibility to communicate
any job-related criminal charges and convictions to Human
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Resources;
● Under the guidance of Human Resources, participate
collaboratively in pre-disciplinary investigations or disciplinary
reviews to include identifying or disclosing relevant
documentation and witnesses or parties to the incident(s) of
concern;
● Participate in periodic training/education on the Standards of
Conduct policy and best practices.
Corrective Actions
General Provisions
Application
Counseling
● Counseling is provided by a supervisor or manager in the
employee’s reporting structure and is typically the first level of
corrective action but is not a required precursor to the issuance
of Written Notices. Counseling may be verbal or written
communication which conveys that an employee’s conduct or
performance was improper and must be corrected.
● Counseling is appropriate for conduct and/or performance
issues resulting in minimal impact to business operations or
that involve minor infractions of policies or laws.
● Documentation regarding counseling should be retained in the
supervisor's files, and not in the employee's official personnel
file maintained by the Agency’s Human Resources office,
except as necessary to support subsequent formal disciplinary
action or a Below Contributor performance rating as part of the
annual performance review. A copy must be provided to the
employee.
● Legal counsel shall not attend counseling sessions.
Verbal Counseling
● Verbal counseling should consist of private, confidential
discussions between employees and their supervisors
regarding the desired course of action to improve the
employees' performance and/or conduct, and what may occur
if the performance or conduct is not corrected.
● The supervisor should explain that a summary of the
conversation will be noted and placed in the supervisory file.
Written Counseling
● A written memorandum or Notice of Improvement
Needed/Substandard Performance form should be issued to
emphasize the significance of relatively minor acts of
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misconduct or unacceptable performance when facts and
discussions with the employee demonstrate that verbal
counseling has not corrected the problem. It may also be
issued as the initial means to address first instances of
misconduct or unsatisfactory performance.
● Written counseling must be documented by a letter,
memorandum, electronic communication or Notice of
Improvement Needed/Substandard Performance form. It
should not be documented via the Written Notice form.
Disciplinary Actions
Formal Written Notices
Refer to
Attachment A:
Examples of Offenses
Grouped by Level for
additional information.
Refer to the
Disciplinary
Meeting Reference
Guide for additional
information.
● When counseling has failed to correct misconduct or
performance problems, or when an employee commits a more
serious offense, management should address the matter by
issuing a Written Notice.
● A Written Notice may be accompanied by additional actions
including suspension; a demotion or transfer with reduced
responsibilities with a disciplinary salary action; a transfer to an
equivalent position in a different work area; or termination.
● Management should issue Written Notices as promptly as
feasible upon becoming aware of misconduct or unacceptable
performance. (Refer to the Due Process
section of this policy).
● The Written Notice Form must include an advisory statement
that an active Written Notice may affect the employee’s overall
annual performance evaluation rating.
To assist management in the assessment of the appropriate
action, offenses are organized into three groups (Group I, Group II,
and Group III) according to the severity of the misconduct or
behavior.
● Examples of offenses, by group, are presented in Attachment
A – Examples of Offenses Grouped by Level.
● The offenses listed in Attachment A are not all-inclusive, but
are intended as examples of conduct for which specific
corrective or disciplinary actions may be warranted.
● Agencies may address multiple offenses through the issuance
of one or more Written Notices.
● Accordingly, any offense not specifically enumerated, that in
the judgment of agency heads or their designees undermines
the effectiveness of agencies' activities, may be considered
unacceptable and treated in a manner consistent with the
provisions of this section.
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● An employee’s legal counsel may not attend or participate in
internal discussions or investigative meetings to determine the
facts or if violations have occurred.
NOTE: Under certain circumstances, an offense typically
associated with one offense category may be elevated to a higher-
level offense. Agencies may consider any unique impact that a
particular offense has on the agency and the fact that the potential
consequences of the performance or misconduct substantially
exceed agency norms.
Group I Offense
● Offenses in this category include acts of minor misconduct
that require formal disciplinary action. This level is
appropriate for repeated acts of minor misconduct or for
first offenses that have a relatively minor impact on
business operations but still require formal intervention.
See attachment A for examples of Group I Offenses and
the effects on accumulation or repeat offenses.
Active Life of Notices
● Two years from the date of issuance to the employee.
Suspension Options
● No suspension for a first offense, but a third active Group I
Notice may result in a suspension of up to ten workdays (or a
maximum of 80 hours for non-exempt employees). Refer to
the Disciplinary Suspension
section of this policy for guidance
on the suspension of exempt employees.
Group II Offense
Offenses in this category include acts of misconduct of a more
serious and/or repeat nature that require formal disciplinary action.
This level is appropriate for offenses that seriously impact
business operations and/or constitute neglect of duty involving
major consequences, insubordinate behaviors and abuse of state
resources, violations of policies, procedures, or laws. See
attachment A for examples of Group II Offenses and the effect on
accumulation.
Active Life of Notices
● Three years from the date of issuance to the employee.
Suspension Options
● Suspension of up to 10 workdays (or maximum of 80 hours for
non-exempt employees) for the first Group II Offense. Refer to
the Disciplinary Suspension
section of this policy for guidance
on suspensions for exempt employees.
Group III Offense
Offenses in this category include acts of misconduct of such a
severe nature that a first occurrence normally should warrant
termination. This level is appropriate for offenses that, for
example, endanger others in the workplace, constitute illegal or
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unethical conduct; indicate significant neglect of duty; result in
disruption of the workplace; or other serious violations of policies,
procedures, or laws. See attachment A for examples of Group III
Offenses.
Active Life of Notices
● Four years from the date of issuance to the employee.
Suspension Options
● Suspension of up to 30 workdays (or maximum of 240 hours
for non-exempt employees). Refer to the
Disciplinary
Suspension section of this policy for guidance on suspensions
for exempt employees.
Considerations for Group III Offenses
● One Group III Offense normally should result in termination
unless there are mitigating circumstances.
● Mitigating circumstances for a Group III offense may support,
as an alternative to termination, an employee's demotion or
transfer to a position with reduced responsibilities or removal of
responsibilities and a disciplinary salary action with a minimum
5% reduction in salary; transfer to an equivalent position in a
different work area; and/or suspension of up to 30 workdays.
● An employee who is issued a Written Notice that would
normally warrant termination but who is not terminated due to
mitigating circumstances should be notified that any
subsequent Written Notice for any level offense during the
active life of the Written Notice may result in termination.
● If an agency permits an employee to resign in lieu of
termination, this transaction should be recorded in the human
resource system of record as a resignation in lieu of
termination.
Active Life of Written
Notices
The active life of Written Notices as stated above are definite and
may not be extended due to an employee’s absence. Notices
expire when an employee voluntarily or involuntarily separates
provided that re-employment with the same or different agency
occurs after a formal break in service and a new probationary
period is required.
Mitigating
Circumstances and
Aggravating Factors
● Agencies may reduce the level of a disciplinary action if there
are mitigating circumstances, such as conditions that compel a
reduction to promote the interests of consistency, equity and
objectivity, or based on an employee's otherwise satisfactory
work performance.
● Aggravating Factors may support a higher-level offense when
the facts and circumstances associated with the employee’s
actions negatively impact the employee’s credibility as a
supervisor/manager of subordinates, reveals a serious
disregard for the safety and well-being of self or others, or
damages the credibility and reputation of the agency. Repeat
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infractions of the same or significantly similar offense may also
be considered an aggravating factor.
Notice of Intent (Due Process)
General Provision
Application
Advance Notice of
Potential Discipline to
Employees
● Prior to the issuance of Written Notices, employees must
be given oral or written notification of the offense, an
explanation of the agency's evidence in support of the
charge, and a reasonable opportunity to respond.
Employee’s “Reasonable
Opportunity to Respond”
● Employees must be given a reasonable opportunity to
respond after receiving notification of potential disciplinary
actions. Typically, a 24-hour period is a sufficient period
of time, however, a “reasonable opportunity to respond”
should not be based solely on the quantity of time
provided but also on the nature of the offense, the time
period over which alleged events occurred, and the
volume of evidence that may be presented. Based on this
assessment more or less time may be granted to refute
the allegations.
● The employee’s response may be written or provided to
management during a virtual, telephonic or face to face
meeting.
● Legal counsel may not attend or participate in the
agency’s internal due process meetings. Agency staff in
attendance may include the appropriate supervisor or
manager within the employee’s reporting structure. A
representative of Human Resources may also attend.
● An employee on paid or unpaid leave may receive a notice
of intent and the agency may proceed with the expectation
for the employee to respond. However, agencies are
encouraged to be mindful of the employee’s current
circumstances and availability to respond.
Human Resource
Director’s review of
disciplinary actions
Refer to the
Due Process
Reference Guide for
additional information.
Prior to the issuance of any Written Notices, demotions, transfers
with disciplinary salary actions, suspensions or terminations,
Agency Human Resource Directors or their designees must
review the documentation for the recommended actions to
determine:
● If the action is appropriate for the offense and if the
documentation supports the selected level of action;
● If a referral to the employee assistance program is advisable;
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● If there is evidence that warrants mitigation of the disciplinary
actions, and
● What the final recommendation for corrective action should be
to ensure consistency, equity and objectivity.
Pre-disciplinary Leave or Suspensions Pending Reviews or Investigations
General Provisions
Application
Removal from the
Workplace
Contingent upon the circumstances, management may
immediately remove an employee from the workplace or instruct
the employee to cease performing work or representing the
agency in business matters when the employee’s continued
presence:
● May be harmful to the employee, other employees, clients,
and/or patients/residents;
● Hinders the agency’s ability to conduct business
operations;
● May hamper or interfere with an internal agency disciplinary
review or pre-disciplinary investigation regarding the
employee’s alleged misconduct;
● May hamper or interfere with an external investigation
conducted by law enforcement for alleged criminal charges
that are relevant to the employee’s performance of
assigned job duties; and/or
● May constitute negligence in regards to the agency’s duties
to the public and/or other employees.
Following the employee's removal from the work area for reasons
stated above, management must provide a notice of intent of
potential disciplinary action as promptly as feasible.
Written notification of pre-disciplinary leave with pay pending a
disciplinary review or agency pre-disciplinary investigation shall be
by memorandum, not communicated via the Written Notice form.
Contingent with the circumstances and in consultation with Human
Resources, agency management may temporarily reassign an
employee to a vacant position in the same pay band, temporarily
remove and reassign job duties at the same pay level, or permit
the employee to telework as appropriate.
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Provide the employee specific instructions in writing prohibiting
potential interference with the ongoing investigation to include
refraining from discussing the matter with other employees. Such
discussions shall be limited to Human Resources or the
employee’s supervisor or managers within their reporting structure.
Removal for Disciplinary
Reviews or Pre-
disciplinary
Investigations
Employees may be placed on paid pre-disciplinary leave for up to
fifteen workdays (maximum of 120 hours for non-exempt
employees).
If the disciplinary review or pre-disciplinary investigation is not
completed within fifteen workdays or 120 hours the agency must:
● Impose disciplinary action in accordance with this policy;
● Permit the employee to return to work to include remote work
or a temporary reassignment pending the outcome of the
review or investigation; or
● Extend pre-disciplinary leave with pay for a specified period of
time as determined by the agency head; and
● Advise the employee of the action in writing.
Removal from the
Workplace for Criminal
Charges
Management may also immediately remove an employee from the
workplace without providing advance notification when the
employee is under investigation for alleged criminal conduct that is
impactful to the employee’s performance of job duties or to the
agency’s critical mission activities. Contingent with the
circumstances of the criminal charges, reassignment may occur if
the agency can identify a placement that does not jeopardize the
investigation or create liability for the Commonwealth.
Suspension without Pay due to Alleged Criminal Conduct
● Any employee who is formally charged with a criminal offense
that impacts their ability to do their job or represents a risk to
the agency and to the agency’s mission shall be immediately
suspended without pay for a period not to exceed ninety
calendar days or temporarily reassigned to a position that is
not impacted by the criminal charges.
● Agencies have the option to allow employees to charge
accrued annual leave to this period of suspension provided that
the employee has sufficient leave balances.
● If, at the conclusion of the ninety-day period of suspension
without pay there has been no resolution of the criminal
charge, the employee will be placed on or returned to pre-
disciplinary leave with pay until the charge has been resolved.
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● If the criminal investigation is concluded without a formal
indictment, or if the charge is resolved without the employee
being convicted, the employer shall return the employee to
active status.
● Any accrued annual leave applied to the period of suspension
without pay for pending criminal charges shall be reinstated
provided the leave was not carried over into the new Leave
Year on January 10
th
. This includes the reinstatement of
missed annual leave accruals.
● Regardless of the status of any criminal investigation, process,
or outcome, the agency may determine at any time to notify the
employee of disciplinary charges and administer formal
disciplinary actions up to and including termination, based
upon the facts or evidence of conduct that prompted the
criminal investigation or process.
● See the
Policy Guidance document Impact of Suspension on
Pay and Benefits
Impact of Felony
Convictions for
Misconduct Associated
with Performance of Job
Duties
In accordance with § 51.1-124.13, when an employee is convicted
of a felony for misconduct associated with the performance of job
duties, a forfeiture of all VRS-related benefits will occur.
● Prior to making such a determination, the agency must
provide the employee with a written notice and provide a
reasonable opportunity for the employee to be heard during
the agency’s review process. The employee’s response
may be written or heard orally via a virtual or in person
meeting.
● Upon consideration of the employee’s response and the
relevant criteria associated with the felony, the agency shall
notify the employee in writing of a determination which shall
also include the employee’s option to appeal.
● Within five calendar days of the receipt of the
determination, the employee may submit a written appeal
of the agency’s determination sent to the Agency Head or
designee.
● Within five working days of receiving an employee’s appeal
of the determination, the agency shall transmit a copy of
the record to the clerk of the circuit court in the jurisdiction
where the employer is located.
● If a timely appeal is not filed by the employee, the Agency’s
determination becomes final ten calendar days after the
agency’s determination.
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● Within thirty days of the receipt of the record, the court shall
hear the appeal and evidence that is necessary to resolve
any controversy as to the correctness of the record and at
its discretion, may hear other relevant evidence. The circuit
court hearing shall be at no cost to the Agency or the
employee per § 51.1-124.13.
● The court may affirm, reverse or modify the Agency’s
determination. The decision of the court shall be rendered
within fifteen days from the date of the hearing’s
conclusion. The court’s decision shall be considered final
and is not subject to appeal.
Upon a final determination that the felony conviction is associated
with the employee’s job, Human Resources must submit a
completed VRS-180 (Employer Request for Forfeiture of Member
Benefits) to the VRS. The VRS-180 provides detailed descriptions
of the forfeiture and appeals processes as well as which VRS
benefits are affected by the request.
Direct the employee to the Virginia Retirement System (VRS) to
determine their eligibility for a full or partial refund of employee
contributions and interest based on vesting requirements for
refunds as established by the VRS policies.
Disciplinary Suspension
General Provisions
Application
Disciplinary
Suspensions
● All disciplinary suspensions represent a Leave without Pay or
pay docking transaction.
● Employees on suspension normally shall not be allowed on the
agency's premises, nor shall they be allowed to work except to
fulfill previously scheduled court obligations or to file and
process a grievance or Equal Employment Opportunity
complaint.
● The maximum periods of suspensions are described in
Attachment A – Examples of Offenses Grouped by Level.
Suspension of
Employees Exempt
from the Fair Labor
Standards Act
Exempt employees’ salaries may not be reduced as the result of a
suspension except as described in this section. Exempt
employees should be reimbursed promptly for any disciplinary
salary reductions that are non-compliant.
NOTE:
Although probationary employees are not covered by this
policy, the FLSA rules for suspension are applicable.
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General Provisions
Application
Suspension for Infraction of a Safety Rule
● Disciplinary suspension of an exempt employee for an
infraction of a safety rule of major significance may be applied
for less than a full workday or workweek.
● Safety rules of major significance are defined as provisions
intended to prevent serious danger to the workplace or to other
employees.
Suspension for Misconduct
● If an exempt employee is suspended for misconduct, the
suspension shall not be less than a full workday.
● Suspensions of more than one workday must be in multiples of
full workdays, e.g., a three-day (24 hour) suspension for an
employee assigned to 8-hour workdays, or a three-day (30
hour) suspension for an employee assigned to 10-hour
workdays.
● If it becomes necessary to remove an exempt employee from
the workplace for a partial workday due to the employee’s
misconduct, the employee must be paid for that partial day’s
absence.
Suspension for Unsatisfactory Attendance or Non-Conduct
related Performance Issues
● If an exempt employee is suspended for disciplinary reasons
related to the employee’s unsatisfactory attendance or
performance issues (non-conduct related) the suspension shall
not be less than a full workweek.
● Suspensions of more than one workweek will be in multiples of
full workweeks, e.g., a three-week (120-hour) suspension. An
employee may not be permitted to serve a suspension related
to attendance or performance other than in whole workweek
segments.
● Less serious violations in these areas should be addressed by
other means of discipline, reserving suspension for the most
serious or repeated violations.
Suspension Pending Outcome of a Criminal Investigation
● If an exempt employee is suspended pending the outcome of a
criminal investigation, the employee must be paid for any
partial work week suspensions.
● Full workweeks of suspension are unpaid. See the
Policy
Guidance document Impact of Suspension on Pay and
Benefits
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Removal Due to Circumstances which Prevent Employees from Performing their Jobs
General Provisions
Application
Inability to meet working
conditions
An employee unable to meet the working conditions of their
employment due to circumstances such as those listed below
may be removed under this section. Reasons include but are not
limited to:
● Loss, suspension or restrictions of driver's license that is
required for performance of the job;
● Incarceration for any period that is disruptive to agency
business operations;
● Failure to obtain or retain license, certification, or other
credentialing required for the job;
● Inability to perform the essential functions of the job after
reasonable accommodation (if required) has been discussed,
applied and alternative accommodations will result in undue
hardship;
● Failure to successfully pass an agency’s background
investigation;
● Conviction of a misdemeanor crime of domestic violence for
employees whose jobs require: a) carrying a firearm; or b)
authorization to carry a firearm; or
● Conviction of barrier crimes that impact the employee’s ability
to perform assigned job duties;
● Failure to timely present appropriate documentation of identity
and eligibility to work in the U.S. as required by federal law to
include expiration of prior visa.
Prior to such removal, the appointing authority and/or Human
Resource Office shall gather full documentation supporting such
action and issue a notice of intent to the employee, verbally or in
writing, of the reasons for such a removal, giving the employee a
reasonable opportunity to respond.
Final notification of removal should be via memorandum or letter,
not by a Written Notice form.
Employees may challenge removals through the Employee
Grievance Procedure, and may direct questions regarding this
procedure to the DHRM Office of Employment Dispute
Resolution.
Agencies may, based on mitigating circumstances, demote or
transfer and reduce the employee’s duties with a minimum 5%
reduction in salary, or transfer them to an equivalent position
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without a reduction in salary as an alternative to termination
based upon availability of funded positions and agency business
need.
Terminations
.
Refer to Policy 1.70, Termination/Separation from State Service
for additional information on the disposition of leave and other
benefits upon separation from state service.
Refer to the Terminations Reference Guide for additional
information
Use of Grievance Procedure
General Provisions
Application
Classified Non-
Probationary Employees
Classified, non-probationary employees may challenge corrective
or disciplinary actions through the Employee Grievance
Procedure, and may direct questions regarding this procedure to
the Department of Human Resource Management’s Office of
Employment Dispute Resolution.
Hearing Officer's
Authority
A hearing officer may uphold, reduce or rescind corrective or
disciplinary actions taken by an agency so long as the officer’s
decision is consistent with written policy. See the Grievance
Procedure Manual for a full understanding of Hearing Officer’s
Authority.
Reinstatement by a Hearing Officer
When a hearing officer orders an employee's reinstatement from
suspension or termination the hearing officer may order:
● Full, partial, or no back pay;
● A reduction in the employee's disciplinary record such that
termination no longer could take place (e.g., the employee has
only three Group I Written Notices or one Group II Written
Notice); or the officer must reinstate the employee with full
back pay minus an appropriate disciplinary suspension;
● Adjustments to accrued leave; or
● Reimbursements for health insurance premiums.
● For additional details, see the
Policy Guidance document
Impact of Suspension on Pay and Benefits
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Records Management
General Provisions
Application
Disciplinary Records
Agencies must update payroll and/or the human resources
information system records as promptly as feasible upon issuance
of a Written Notice, upon placing employees on pre-disciplinary
leave or disciplinary suspension, and upon subsequent demotions
or transfers with disciplinary salary actions, terminations, or
reinstatements or reduction of the disciplinary action. See the
DHRM
Policy Guide – Managing Corrective and Disciplinary
Records.
GLOSSARY
Pre-disciplinary Leave
disciplinary action is being considered and the employee’s removal
from the workplace is necessary or prudent to allow for the
completion of a disciplinary review or pre-disciplinary investigation.
Corrective Action
supervisor or manager to address employment problems, such as
unacceptable performance, behavior, or conduct.
Counseling
dialogue between an employee and their supervisor to address and
reinforce expectations of an employee's work performance,
behavior, and/or conduct. Written counseling discussions must be
documented in a written memorandum or the use of the Notice of
Improvement Needed/Substandard Performance form. Counseling
that is related to work performance may be included in an interim
performance evaluation as described in Policy 1.40, Performance
Planning and Evaluation.
Criminal Charge
employee for the commission of a criminal offense.
Criminal Offense
the statutes of the United States, the Commonwealth of Virginia,
other sovereign states, and other city and county governments.
Criminal offenses shall not include traffic or other charges that are
specifically differentiated and exempted from statutory criminal
offenses. However, DUI or other formal charges that impact an
employee's ability to drive a vehicle or could result in incarceration if
convicted shall be considered criminal charges.
Disciplinary Action
misconduct. Disciplinary actions include the issuance of Written
Notices; suspensions; demotions; transfers; disciplinary salary
actions; and terminations.
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Disciplinary Demotion
different position in the same or lower Pay Band/Grade with
reduced job responsibilities that must result in a minimum of a 5%
reduction in base salary. In no case may an employee’s salary
exceed the maximum of the pay band following a disciplinary salary
action.
Disciplinary Review
surrounding misconduct or unacceptable performance in order to
determine if disciplinary action is warranted.
Disciplinary Salary
Action
duties reduced, be demoted, or transferred to positions in the same
or lower pay band with reduced job responsibilities in lieu of
termination. The employee’s salary in each case must be reduced
by at least 5%. In no case may an employee’s salary exceed the
maximum of the pay band following a disciplinary salary action.
Agencies have the authority to transfer employees to equivalent
positions as part of the disciplinary process without a reduction in
salary.
Employee Assistance
Program (EAP)
service available to eligible employees and family members.
Enrollment in the EAP is automatic as part of the health plan
coverage.
Formal Break in
Service
the date of separation. Periods of leave with or without pay do not
count toward satisfying this break in service.
Interim Evaluation
to document and assess an employee’s progress toward achieving
the performance plan. Interim Performance Evaluations are not
considered “official” documents and are retained in the supervisor’s
confidential file for use in constructing the annual performance
evaluation. Counseling, particularly when related to work
performance, may be part of an interim evaluation. Prior to any pre-
disciplinary or disciplinary actions employees must be given oral or
written notification of an offense, an explanation of the agency's
evidence in support of the charge, and a reasonable opportunity to
respond. Agencies must provide a clear and descriptive
explanation of the offense in a manner that ensures that the
employee understands the facts presented and will be able to
present mitigating factors or denial of the charge.
Notice of Intent
be given oral or written notification of an offense, an explanation of
the agency's evidence in support of the charge, and a reasonable
opportunity to respond. Agencies must provide a clear and
Page 20
present mitigating factors or denial of the allegations.
Notice of Improvement
Needed/Substandard
Performance Form
performance cycle to document substandard performance and the
need to improve performance. This document may be issued as
written counseling or may also result in issuance of a formal Written
Notice. This form must include an improvement plan, which
includes an improvement period of no less than 30 days or more
than 180 days. See Policy 1.40, Performance Planning and
Evaluation.
Progressive Discipline
provide feedback to employees so that they can correct conduct or
performance problems. It is most successful when provided in a
way that helps an employee become a fully contributing member of
the organization. Progressive discipline also enables agencies to
objectively, and with reliable documentation, terminate an employee
who is unable or unwilling to improve their workplace conduct
and/or job performance. There may be extenuating circumstances
when an employee’s conduct requires disciplinary action
administered without employing progressive discipline.
Reasonable
Opportunity to
Respond
receiving notification of an impending pre-disciplinary or disciplinary
action.
Standards of Conduct
See Sections: Expectations for Employees and Expectations for
Supervisors/Managers.
Suspension
imposes as a part of a disciplinary action.
Unacceptable
Conduct/Misconduct
agency standards for which specific corrective or disciplinary action
is warranted.
Workday
hours for non-exempt employees. For exempt employees, a
workday consists of the hours scheduled to work on a normal day.
Workweek
established by the employer for each employee. It may begin on
any day of the week and at any hour of the day; it need not coincide
with the calendar week. Full-time employees normally work a five-